254,228 Yuan Hit-and-Run Compensation: Insurer Must Pay Despite Driver’s Suspended License

A motorcyclist severely injured by a hit-and-run driver with a suspended license was awarded 254,228.80 yuan in total compensation, with the court ruling that mandatory traffic insurance coverage applies regardless of the driver’s license status.

In February 2011, a sedan driven by an individual whose license had been temporarily seized collided with a motorcycle at a traffic roundabout. The sedan struck the motorcycle from behind, causing the rider to suffer extensive injuries including multiple right foot fractures, joint dislocations, and a femoral neck fracture requiring total hip replacement surgery. After the collision, the sedan driver fled the scene.

The motorcyclist was hospitalized twice for a combined 31 days. The first hospitalization lasted 7 days with medical costs paid by the driver. The second admission of 24 days involved a right total hip arthroplasty, with 773.50 yuan in outpatient expenses and substantial unresolved hospital bills. A judicial assessment rated the injuries as one grade-seven and two grade-ten disabilities.

The insurance company refused both mandatory and commercial coverage, arguing that driving with a suspended license and fleeing the scene triggered policy exclusions. The court rejected the mandatory insurance defense, holding that compulsory traffic insurance serves a public welfare function and applies without regard to the insured driver’s fault. However, the court upheld the commercial policy exclusion, noting that driving with a suspended license and fleeing the scene clearly fell within the contractual exemption clauses.

The court calculated total damages at 254,228.80 yuan, including 773.50 yuan in medical expenses, 100,000 yuan for future hip replacement surgeries based on a 12.5-year implant lifespan, 930 yuan in hospital food allowance, 14,695.21 yuan in nursing costs, 10,883.69 yuan in lost income, 4,500 yuan in nutrition, 1,000 yuan in transportation, 99,466.40 yuan in disability compensation, 1,980 yuan in appraisal fees, and 20,000 yuan in mental distress damages.

The insurer paid 116,203.50 yuan under mandatory traffic insurance, while the driver personally bore 138,025.30 yuan for the remaining losses. The registered vehicle owner was not held liable as no evidence showed knowledge of the driver’s suspended license. The 5,200 yuan court fee was charged to the driver.