CNY 106939.40 Awarded in Fatal Traffic Accident Case
Four adult children, Mr. Wang, Mr. Wang, Mr. Wang, and Ms. Wang, filed a lawsuit against a driver, Mr. Wang, and his insurer, seeking compensation for the death of their mother, Ms. Cao, in a traffic accident. The court in Eastern China City heard the case and ordered the insurer to pay a total of CNY 106,939.40 in damages. The driver was found fully liable for the collision.
The accident occurred on July 4, 2011, when Mr. Wang drove a light truck along a road in Eastern China City. He struck Ms. Cao, who was walking in the non-motorized lane, causing her death at the scene. Police determined Mr. Wang bore full responsibility. At the time, the truck was insured under a compulsory traffic liability policy with the defendant insurance company. The plaintiffs, as the victim’s children, initially demanded CNY 160,260, covering funeral expenses, loss of support, medical fees, and CNY 70,000 in moral damages. The driver acknowledged liability but argued that the requested amounts were excessive and noted he had already paid the plaintiffs CNY 50,000 during related criminal proceedings.
During the court hearing, both sides presented evidence. The plaintiffs submitted family records, a police accident report, the victim’s death certificate, a funeral expense receipt, and a request for documents. The driver provided the insurance policy and a receipt for the CNY 50,000 payment. The insurer disputed certain items, arguing that only CNY 139 of the medical fees were supported, that the claimed travel and lost wages for the plaintiffs were too high, and that because the driver had already faced criminal punishment, no further moral damages should be awarded. The court examined all evidence and heard arguments from the parties.
The court found that the driver’s negligence caused the accident and that the plaintiffs were entitled to compensation as the victim’s legal heirs. The insurer was bound by the compulsory insurance policy to cover losses up to the policy limit of CNY 122,000. The court verified the plaintiffs’ claims and made adjustments: it allowed the uncontested death compensation of CNY 64,477 (based on 12.20 years at CNY 5,285 per year) and funeral expenses of CNY 17,507. Medical costs were reduced to CNY 139 based on receipts. For the plaintiffs’ travel and lost wages while handling the funeral, the court set reasonable amounts of CNY 500 for transport and CNY 4,316.40 for three people over 15 days at a daily rate of CNY 95.92. The court also awarded CNY 20,000 in moral damages, noting the emotional harm but reducing the sum because the driver had already paid some compensation.
The court’s legal analysis focused on several key points. First, it applied the principle that citizens’ right to life is protected by law, citing the General Principles of Civil Law. Second, under the Road Traffic Safety Law, the insurer must pay within the compulsory insurance limit for bodily injury or death caused by a motor vehicle. Third, the court followed the Supreme People’s Court’s interpretation on personal injury compensation, which allows for funeral costs, loss of support, and reasonable expenses for relatives handling the funeral. For moral damages, the court referenced the interpretation on spiritual damages, which permits such awards when the harm is severe. The court emphasized that the driver’s criminal punishment did not bar a separate civil claim for moral damages, though the prior payment was a factor in setting the amount.
This case illustrates how Chinese courts allocate liability in fatal traffic accidents when the driver is fully at fault and has compulsory insurance. The insurer pays directly to the victim’s family within policy limits. Notably, the court reduced the moral damages claim due to the driver’s pre-trial payment but still upheld the principle that emotional suffering deserves compensation. The ruling also confirms that expenses must be supported by evidence, and that courts will adjust inflated claims based on local standards. Victims’ families should keep detailed receipts and be aware that prior criminal compensation may affect civil awards.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.