Court Awards CNY 7,861 in Bus Crash Injury Case
Mr. Li, a passenger injured in a three-vehicle collision, obtained a judgment against the at-fault driver’s employer and its insurer. The court awarded compensation for medical expenses, lost income, nursing care, transportation costs, property damage, and a meal allowance. The ruling clarified the insurer’s direct liability and addressed calculation of damages when evidence of wages lacked tax documentation.
The accident occurred on July 28, 2011, when a semi-trailer truck owned by the defendant company struck the rear of a bus, then sideswiped a car. Mr. Li was among seven passengers injured. The traffic authority found the truck driver fully at fault. Mr. Li sued the trucking company and its insurer, Sunshine Property Insurance Co., Ltd., Eastern China City Branch, seeking about CNY 10,870 in damages for medical bills, lost wages, nursing fees, meal subsidies, transport costs, property loss, and emotional distress.
During the hearing, the court reviewed a traffic accident report, hospital records, medical receipts, a discharge certificate, taxi receipts, insurance policies, and testimony. The insurer argued that an uninjured vehicle involved in the collision should be joined as a defendant, asserting that its own liability should be secondary to any uninsured vehicle’s obligation. Mr. Li opposed that request, and the court declined to add the other vehicle because no direct contact occurred between Mr. Li’s bus and that car.
The court found the truck driver solely responsible for the collision and held the trucking company vicariously liable for all damages. Since the truck and its trailer were covered by both compulsory and commercial third-party insurance policies with combined limits of CNY 520,000, the insurer was obligated to pay directly to the victims. The court reserved proportionate shares for the six other injured passengers. The insurer’s duty to pay existed regardless of the uninvolved vehicle’s insurance status.
On damages, the court accepted medical costs of CNY 4,617.09 and transportation of CNY 184. The hospital meal allowance was set at CNY 400 for eight days. For lost wages, Mr. Li claimed CNY 3,310.46 based on a monthly salary of CNY 6,307.65, but he failed to provide tax deduction certificates. The court applied the average daily wage in the manufacturing industry (CNY 89.60) for 22 days, awarding CNY 1,971.20. Similarly, nursing care was capped at CNY 358.40 using the same average wage for four days of required care, instead of the claimed CNY 1,527. Property loss for damaged eyeglasses was allowed at CNY 331. The claim for CNY 500 emotional distress was denied as the injuries did not meet the legal threshold.
The judgment ordered the insurer to pay a total of CNY 7,861.69: medical expenses and meal allowance from the compulsory and commercial policies, and the remaining amounts from the compulsory death/disability and property limits. The trucking company was ordered to bear the reduced court fee of CNY 75. The ruling reinforces that plaintiffs must present proper wage and tax records to support income loss claims, and that insurers are directly liable within policy limits even when multiple victims are involved.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.