CNY 120,000 Fatal Drunk-Driving Collision: Insurer Must Pay Compulsory Coverage Despite Intoxication
A severely intoxicated motorcyclist collided head-on with another motorcycle in a southern Chinese city, killing the other rider after eighty-six days of hospitalization for traumatic brain injury. The drunk driver bore primary responsibility for the crash. The victim’s family sued the at-fault driver’s insurer under the compulsory traffic liability policy and won CNY 120,000 in coverage limits. The insurer appealed, arguing that drunk driving should relieve it of all payment obligations, but the appellate court affirmed the lower court’s ruling that compulsory insurance covers personal injury losses regardless of driver intoxication.
The accident occurred shortly before midnight on March 4, 2011, along a village road in a township within the city. The at-fault driver, Mr. Xian, had a blood alcohol concentration of 180.9 milligrams per 100 milliliters, more than twice the criminal threshold for drunk driving. He was traveling in the wrong direction on a two-lane road when his motorcycle struck the oncoming motorcycle operated by Mr. Lin. Traffic police assigned primary responsibility to Mr. Xian for drunk driving and violating the right-side rule, and secondary responsibility to Mr. Lin for riding without a license and operating a vehicle that had not passed its annual safety inspection.
Mr. Lin suffered catastrophic head trauma described as severe craniocerebral injury with pulmonary infection. He was hospitalized for eighty-six days before being discharged at his family’s request with instructions for continued home care. He died at home the following day. A forensic autopsy confirmed that blunt-force trauma to the head and face caused fatal brain injury. The five plaintiffs, comprising Mr. Lin’s widow and four children, then filed suit against Anbang Property Insurance Company’s local branch seeking the full compulsory policy limits of CNY 120,000, divided into CNY 10,000 for medical expenses and CNY 110,000 for death-related damages.
During the first-instance proceedings, the plaintiffs reached a separate settlement with Mr. Xian and the motorcycle owner, Mr. Chen, and withdrew claims against them. This left only the insurer as defendant. The trial court calculated total losses at CNY 204,047 for medical expenses and CNY 451,881 for death-related items including funeral costs and death compensation calculated at urban resident standards. Because the plaintiffs limited their claim to the compulsory policy caps, the court ordered the insurer to pay CNY 120,000 and declined to adjudicate the excess.
On appeal, the insurer argued that the compulsory insurance regulations exempt insurers from liability when the driver is intoxicated, citing a provision stating that the insurer need only advance rescue costs in such cases and may subsequently recover from the tortfeasor. The appellate court rejected this reading, holding that the regulation distinguished between personal injury losses, which compulsory insurance must cover even in drunk-driving cases, and property damage losses, which the insurer may refuse. Because the plaintiffs sought only personal injury compensation within the statutory caps, the insurer was obligated to pay. The insurer retained its subrogation right to pursue the drunk driver for reimbursement after satisfying the judgment. The appellate court affirmed the CNY 120,000 award in full.
This article is provided for informational purposes only and does not constitute legal advice. Insurance coverage rules for drunk-driving accidents vary significantly across jurisdictions. Consult a qualified attorney for advice tailored to your circumstances.