Motorcycle Passenger Awarded CNY 17,640 in Traffic Accident Claim
The Eastern China City court recently ruled in a personal injury case arising from a road traffic accident. The plaintiff, a motorcycle passenger, sought compensation for injuries sustained in a collision. The court found the at-fault driver’s insurance company liable for damages under the compulsory traffic liability insurance policy, while the driver himself was ordered to pay a small portion of the remaining losses.
The accident occurred on August 12, 2011, when a motorcycle driven by Mr. Jiang and carrying the plaintiff passenger collided with a small passenger van driven by defendant Mr. Luo. The collision took place at an intersection in Eastern China City. Police investigation assigned primary fault to Mr. Jiang, secondary fault to Mr. Luo, and found the plaintiff partially responsible for his own injuries. The plaintiff was hospitalized for 15 days with fractures, lacerations, contusions, and nerve damage, incurring medical expenses of CNY 8,461.
During the court hearing, the plaintiff presented medical records, expense receipts, and a traffic accident certificate. The insurance company challenged certain claims, including nutrition fees and a walking aid. At the insurer’s request, the court commissioned a judicial appraisal to determine the plaintiff’s lost work time. The appraisal concluded that the plaintiff needed 4.5 months of recovery. The insurance company’s representative attended the hearing, but defendant Mr. Luo did not appear despite proper service.
The court held that the facts were clearly established by the evidence, including the police report and medical documentation. Because defendant Mr. Luo’s van was insured under a compulsory traffic insurance policy with the defendant insurance company, that insurer was required to pay within the policy limit. The court further found that the remaining losses should be borne 20% by Mr. Luo and the rest by the plaintiff, given the fault allocation.
According to relevant law, the court applied principles from the Road Traffic Safety Law and the Supreme Court’s interpretation on personal injury damages. It approved medical expenses of CNY 8,461, lost wages calculated at CNY 84 per day for 135 days (totaling CNY 11,340), nursing fees of CNY 900, hospital meal subsidies of CNY 450, and transportation costs of CNY 400. The court rejected claims for a walking aid and nutrition fees due to insufficient supporting evidence.
In the final judgment, the insurance company was ordered to pay the plaintiff CNY 17,640 within ten days of the judgment taking effect. The defendant driver’s share of CNY 782 was deemed already paid. The plaintiff was responsible for the balance of his losses. The court also apportioned litigation costs and appraisal fees between the parties. This case illustrates how Chinese courts allocate liability and calculate damages in traffic accidents involving multiple fault parties and compulsory insurance coverage.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.