CNY 44,736 Awarded in Traffic Accident Personal Injury Case
A court in Eastern China City has ruled in a personal injury case resulting from a road traffic accident, ordering an insurance company to pay the injured plaintiff a total of CNY 44,736.07 in damages. The plaintiff, Mr. Li, brought the claim against the defendant driver, Mr. Wang, and the defendant insurance company after a collision on October 7, 2011. The court found both drivers equally at fault and determined the applicable compensation under the compulsory motor vehicle insurance scheme.
The accident occurred around 7 a.m. when Mr. Wang was driving a minibus southbound on a national highway and collided with a vehicle driven by Mr. Li. The local traffic police determined that both drivers bore equal responsibility. Mr. Li sustained multiple injuries including a fractured left shoulder blade, a fractured left cheekbone, facial lacerations, a concussion, multiple soft tissue contusions, and a fracture of the right hand. He was hospitalised for 25 days and incurred medical expenses of CNY 27,909.37. Mr. Li claimed total losses of CNY 58,486, including medical fees, lost income, disability compensation, and other costs. Mr. Wang had already paid CNY 10,000 to Mr. Li shortly after the accident. The insurance company argued that its liability was limited to the sub-limits of the compulsory insurance policy and that certain items such as mental distress damages were not covered.
At the hearing, the court examined extensive documentary evidence. Mr. Li submitted the traffic accident determination report, his hospital admission and discharge records, itemised medical expense lists, wage statements and a certificate of suspended salary from his employer, identification documents for his dependants, and a forensic medical report. The forensic assessment, commissioned by the court and conducted by an authorised institute, classified Mr. Li’s injuries as a Level 10 disability. The insurance company and Mr. Wang raised objections regarding the reasonableness of some claimed items, including the medical expenses for non-reimbursable drugs, the length of the claimed lost income period, and the need for nursing care. The court reviewed all evidence and admitted it as credible.
The court confirmed the traffic police’s finding of equal fault and held that Mr. Wang and Mr. Li each bore 50 percent of the responsibility for the accident. Because the minibus was insured under a compulsory traffic accident liability policy, the insurance company was required to pay within the statutory sub-limits. The court calculated Mr. Li’s total compensable losses as follows: medical expenses CNY 27,909.37, hospital meal allowance CNY 500 (20 yuan per day for 25 days), lost income for 102 days until the disability assessment at CNY 7,978.08, nursing care for 25 days at CNY 1,873, transportation costs CNY 250, and disability compensation of CNY 25,430.30 (including dependent support for his son and elderly parents). The court rejected claims for mental distress damages because of Mr. Li’s own contributory negligence, and dismissed claims for photocopying and bed rental fees due to lack of evidence linking them to the accident.
Under the applicable traffic safety laws and tort law, the court ruled that the medical and meal allowance total of CNY 28,409.37 exceeded the medical sub-limit of CNY 10,000 under the compulsory insurance policy. Therefore, the insurance company was ordered to pay the full sub-limit of CNY 10,000 for medical costs, and Mr. Wang was ordered to pay 50 percent of the remaining medical expenses, amounting to CNY 9,204.69. The remaining losses comprising lost income, nursing care, disability compensation, and transportation totalled CNY 35,531.38, which fell within the death and disability sub-limit of CNY 110,000, and thus the insurance company was liable for the full amount. After deducting the CNY 10,000 already paid by Mr. Wang, the court ordered the insurance company to pay Mr. Li a net sum of CNY 44,736.07, and to reimburse Mr. Wang CNY 795.31 for the excess payment. The court also allocated the litigation costs between the parties accordingly.
This case illustrates how Chinese courts handle personal injury claims from traffic accidents where both parties share fault. The compulsory insurance scheme provides a first layer of compensation up to statutory limits, with the balance apportioned according to the degree of fault. The court carefully assessed each claimed item against the evidence, rejecting speculative or unsubstantiated expenses. For practitioners and individuals involved in similar disputes, the judgment underscores the importance of documenting all losses thoroughly, including medical records, income proof, and receipts. It also confirms that mental distress damages may be denied when the plaintiff contributed to the accident. The ruling was issued in March 2012 and is subject to appeal within 15 days.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.