Traffic Accident Dispute Results in CNY 82,391 Claim

This case concerns a traffic accident in Eastern China City in which a motor vehicle collided with two electric bicycles, causing personal injury to the plaintiff. The plaintiff, Mr. Li, sought compensation of CNY 82,391 from the defendant driver, Mr. Wang, and the defendant insurance company where the vehicle was insured under compulsory third-party liability insurance. The court examined liability, damages, and the insurer’s obligations under the law.

On May 28, 2011, Mr. Wang drove a car through a tunnel on a highway in Eastern China City. He failed to operate the vehicle safely due to negligence and struck two electric bicycles traveling in the opposite direction. One bicycle was ridden by Mr. Li, the other by a third party, Mr. Chen. Mr. Li suffered a comminuted fracture of the lower left femur, an upper left fibula fracture, and severe soft tissue contusions to the left leg. He was hospitalized for 25 days. The traffic police determined that Mr. Wang bore primary responsibility, while Mr. Li and Mr. Chen each bore secondary responsibility. The car was insured with the defendant insurance company.

At trial in January 2012, Mr. Li presented evidence including the police accident report, medical records, expense receipts, a forensic report, and identification documents. The forensic report assessed his injury as a level 10 disability, with a four-month nursing period, three-month nutritional period, lost work time from the accident date until the assessment date, and estimated future medical costs of CNY 7,000. The insurance company challenged the disability grade and requested a new assessment, but provided no supporting evidence. The court denied the request. Mr. Wang submitted receipts showing he had paid CNY 24,882.15 of medical expenses and CNY 200 for vehicle repair.

The court found that Mr. Wang’s negligent driving was the direct cause of the accident, as he failed to pay attention while driving in a tunnel. Mr. Li contributed minor fault by riding his electric bicycle in the motor vehicle lane. However, the third party Mr. Chen did not collide with Mr. Li, so his fault was unrelated to Mr. Li’s injuries. The court allocated 80% of the liability to Mr. Wang. The insurance company was required to compensate within the compulsory insurance limit first, and the remaining losses were to be shared according to fault.

Applying relevant law, the court calculated Mr. Li’s total losses. Medical expenses were CNY 27,661.15 (including Mr. Wang’s payments). Hospital food allowance was CNY 625 for 25 days at CNY 25 per day. Nursing fees totaled CNY 4,922 based on 120 days of care, with full care during hospitalization and 30% partial care after discharge. Lost income for 197 days was CNY 28,522 at the average daily wage. The court also awarded CNY 7,000 for future surgery, CNY 300 for reasonable transportation, and CNY 200 for vehicle repair. After deducting the insurance limit and Mr. Wang’s prior payments, Mr. Wang was ordered to pay the remaining 80% share.

The judgment clarifies liability apportionment when multiple parties contribute to an accident but only one causes the plaintiff’s injury. The court emphasized that a request for a new forensic assessment must be supported by concrete evidence