Traffic Accident Victim Awarded CNY 89,269.88
Ms. Wang, a bus driver, sustained injuries in a collision with a heavy semi-trailer in Eastern China City. She sued the driver, the vehicle owner, and the insurance company for compensation. The court granted her claim for damages after finding the driver entirely at fault.
The accident occurred on February 23, 2011, when a heavy semi-trailer driven by Mr. Hu collided with a bus driven by Ms. Wang at an intersection in Eastern China City. The traffic police determined that Mr. Hu bore full responsibility. Ms. Wang was hospitalized for 30 days with a compression fracture of the L1 vertebra. She later claimed CNY 103,589.88 in damages, including medical costs, lost income, disability compensation, and emotional distress. The vehicle was owned by Ms. Hong, who had employed Mr. Hu as her driver, and was insured by People’s Insurance Eastern China City Branch under two compulsory liability policies and a commercial third-party policy.
During the hearing, Ms. Wang submitted medical records, a disability assessment classifying her injury as a Level 9 impairment, evidence of her income as a bus driver (CNY 2,100 per month), and proof she had lived in the county seat for over a year. The insurance company disputed the disability assessment, arguing it was made before hardware removal, and challenged the evidence of urban residency. The court examined all exhibits, including a property certificate, a community committee letter, and an employer statement, which together supported Ms. Wang’s claims.
The court held that Mr. Hu’s violation of traffic law caused the accident and resulting harm. It accepted the disability assessment as valid and found that Ms. Wang’s urban residency was sufficiently proven. The court calculated her total losses at CNY 89,269.88, comprising medical expenses (CNY 2,367.88), hospital food allowance (CNY 450), nutritional support (CNY 450), lost wages for 120 days (CNY 8,400), home nursing care for 67 days (CNY 3,350), disability compensation (CNY 63,152), emotional distress (CNY 10,000), transportation (CNY 300), and appraisal fees (CNY 800). The court noted that future medical costs were not yet incurred and thus not awarded.
Under Chinese law, the insurance company was liable within the policy limits. The court ordered People’s Insurance to pay CNY 88,469.88 from the compulsory and commercial policies, covering all items except the appraisal fee. Pursuant to tort law on employer liability for employees’ acts, the court required Ms. Hong, as the employer, to pay the CNY 800 appraisal fee. The court rejected the insurer’s objections regarding the disability assessment and residency proof, as no contrary evidence was provided.
This case illustrates how courts allocate damages in motor vehicle accident disputes involving employer-employee relationships and multiple insurance policies. The decision confirms that disability assessments are admissible even before hardware removal if medically sound, and that urban residency can be established through consistent documentary evidence. The judgment also reinforces that appraisal fees may be borne by the employer rather than the insurer. Parties in similar situations should ensure they preserve all relevant records and timely file claims.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.