Court Awards CNY 375,052 in Road Accident Case
A court in Eastern China City has ruled in a motor vehicle accident dispute, ordering compensation of CNY 375,052.16 to an injured cyclist. The case involved a collision between a heavy truck and a bicycle, resulting in severe injuries including leg amputation. The court allocated liability among the driver, the vehicle owner, and the insurance company.
The plaintiff, Mr. Li, was riding a bicycle on August 13, 2011, when a heavy truck driven by Mr. Zhou turned right and collided with him. Mr. Li suffered a left thigh crush injury, a right foot degloving injury, hemorrhagic shock, and a rib fracture. His left leg was amputated below the knee. He was hospitalized for 95 days. The police traffic accident report assigned full responsibility to the truck driver. The truck was registered under a transport company but actually owned by Mr. Zhou. It was insured with a property insurance company under both compulsory third-party liability insurance and commercial third-party liability insurance with a limit of CNY 500,000.
At trial, the court reviewed medical expense receipts, nursing care invoices, disability assessment reports, employment contracts, and the police accident report. The plaintiff had worked as a warehouse keeper earning CNY 1,800 per month before the accident. The insurance company argued that medical costs should exclude non-reimbursable drugs, that the plaintiff was over 60 and should not receive lost income, and that the truck was overloaded, triggering a 10% deductible under the commercial policy. The defendant transport company did not appear in court.
The court found Mr. Zhou fully liable for the accident. Under the Road Traffic Safety Law, the insurance company must first pay up to CNY 120,000 under the compulsory policy. Any remaining amount, after a 10% deductible for overloading, would be paid under the commercial policy. The court also noted that non-reimbursable drug costs and the deductible portion were to be borne by the driver and the transport company. Mr. Zhou had already paid CNY 59,000 in advance, which was accounted for.
The court calculated total damages at CNY 375,052.16, excluding non-reimbursable drugs of CNY 21,983.57. Key items included medical expenses of CNY 115,413.76 after deducting self-paid drugs, lost income of CNY 7,200 for four months, nursing care of CNY 29,724, disability compensation of CNY 160,794.40 based on a 65% disability rating, and CNY 37,520 for prosthetic and assistive devices. The court also awarded CNY 20,000 for emotional distress. The insurance company was ordered to pay CNY 120,000 from the compulsory policy and CNY 229,546.94 from the commercial policy. The remaining CNY 47,488.79 in self-paid drugs and deductible was assigned to Mr. Zhou and the transport company.
This case illustrates how courts allocate liability and damages in traffic accidents involving multiple parties and insurance layers. The ruling confirms that even when a plaintiff is over 60, lost income may be awarded if actual employment is proven. It also highlights the effect of policy deductibles for overloading and the importance of documenting all medical and care expenses. The judgment provides a clear example of sequential liability between compulsory and commercial insurance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.