Taxi Driver Awarded CNY 31,869.73 in Accident Case
A taxi driver in Eastern China City who was injured in a traffic collision has been awarded compensation of CNY 31,869.73 by the local court. The plaintiff, Mr. Li, sued the at-fault driver, the vehicle owner, the taxi company, and the insurance company after sustaining multiple injuries when a taxi struck him. The court found the defendants jointly liable and ordered the insurer to pay the bulk of the damages, with a partial deduction for a prior advance payment.
On July 1, 2011, at 6:34 a.m., the plaintiff Mr. Li was standing near a market entrance when a taxi driven by defendant Mr. Zhang collided with him. The police accident report assigned full fault to Mr. Zhang. Mr. Li was a taxi driver for a local company. He suffered a mild closed head injury, scalp contusion, skin abrasions, left knee ligament and meniscus damage, and joint effusion. He was hospitalised for 16 days and then ordered to rest at home. Mr. Li claimed medical expenses, nursing care, nutrition, lost wages, transportation, and mental distress, total CNY 56,885.23. The taxi was owned by defendant Mr. Liu, driven by employee Mr. Zhang, and registered with a taxi company. It was insured by the defendant insurance company with compulsory and commercial third-party liability coverage.
At trial, Mr. Li presented the police accident report, medical records, hospital bills, and a certificate from his employer stating his average monthly income was CNY 6,000. The insurance company argued the claimed amounts were excessive, that no tax returns or proof of actual income loss were provided, and that treatment for pre-existing conditions should be excluded. The insurance also noted the policy had a 20% deductible for commercial coverage. The defendant driver and owner admitted liability but said the insurer should pay. The taxi company did not appear in court.
The court held that Mr. Zhang was fully responsible for the accident. Because Mr. Zhang was driving as an employee, his employer Mr. Liu and the taxi company as the vehicle’s registered entity were jointly and severally liable. The insurer was obliged to pay within policy limits. The court assessed each claim: medical expenses CNY 12,425.23 (approved); nursing care reduced to CNY 2,340.50 for 31 days at the local service industry rate; nutrition CNY 320 for the 16-day hospital stay; lost wages CNY 12,784 for 136 days at the local average wage rate of CNY 94 per day, because the income certificate lacked tax proof; transportation CNY 500; and mental distress CNY 3,500. It rejected claims for bed fees and photocopying.
Under the compulsory insurance, the court allocated CNY 19,124.50 for lost wages, nursing, transport, and mental distress, and CNY 10,000 for medical and nutrition costs. The remaining medical and nutrition balance of CNY 2,745.23 fell under the commercial policy with a 20% deductible, so the insurer paid CNY 2,196.18 and the defendants jointly owed CNY 549.05. Since Mr. Zhang had already advanced CNY 13,500 to Mr. Li after the accident, the court directed the insurer to pay Mr. Li CNY 18,369.73 and reimburse Mr. Zhang CNY 12,950.95.
This case illustrates how Chinese courts handle motor vehicle accident disputes involving multiple defendants and insurance layers. The court strictly applied statutory standards for damages and required solid proof of lost income, rejecting unverified earnings claims. The ruling also confirmed the joint liability of vehicle owners, employers, and registered companies. The insurer’s coverage was applied in line with policy terms, including the deductible. This judgment reinforces the importance of maintaining proper documentation, such as tax returns, when claiming lost wages in personal injury litigation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.