Traffic Accident Equal Fault Yields CNY 23,543 Compensation

In a recent personal injury and property damage case, the court ruled on a traffic accident where both drivers were found equally at fault. The plaintiff, Mr. Zhang, sought compensation for medical expenses, lost income, and damage to his vehicle after a collision with a car driven by Mr. Li and owned by Mr. Zhao. The court also addressed the role of the insurance company, China Ping An Property Insurance Eastern China City Center Branch, which had issued a compulsory motor vehicle liability policy for the car. The dispute involved multiple claims and counterclaims, including an advance payment by Mr. Li and a separate claim by another injured party. The court ultimately calculated the total damages and allocated liability accordingly, ordering the insurance company and Mr. Li to pay a combined sum of approximately CNY 23,543.

The accident occurred on November 7, 2011, in Eastern China City. Mr. Zhang was driving an unlicensed three-wheeled motorcycle without a valid license and failed to yield to a vehicle approaching from the right at an intersection. Mr. Li, driving a car borrowed from Mr. Zhao, failed to maintain a safe speed. The traffic police determined that both Mr. Zhang and Mr. Li bore equal responsibility for the collision. Mr. Zhang suffered injuries requiring 43 days of hospitalization. He incurred medical costs of CNY 15,928.42 and other expenses including vehicle repair, appraisal fees, and legal costs. Mr. Li argued that his insurance should cover the losses and that he had already paid CNY 1,000 to Mr. Zhang. Mr. Zhao, the vehicle owner, did not appear in court. The insurance company admitted the policy but limited its liability to the compulsory insurance caps and excluded litigation costs.

During the hearing, the court examined several pieces of evidence. The traffic accident report clearly attributed equal fault to both drivers based on violations of the Road Traffic Safety Law. Medical records showed Mr. Zhang’s 43-day hospital stay and expenses. A forensic appraisal concluded that Mr. Zhang’s injuries did not reach the level of disability but found a 150-day period of lost working capacity. A separate vehicle damage assessment valued the motorcycle loss at CNY 1,170. Mr. Zhang also claimed nursing care, transportation, and other incidental costs. The court noted that another injured party, Mr. Jiang, had filed a separate case and that his losses had already been determined in a related proceeding. The insurance company’s representative attended the hearing and reiterated its position on liability limits.

The court found that the traffic police’s determination of equal fault was legally sound and adopted it. Applying the Road Traffic Safety Law, the court held that the insurance company must first pay compensation from the compulsory insurance policy within its statutory limits: CNY 10,000 for medical expenses, CNY 110,000