Eastern China City Court Awards CNY 135,149 in Traffic Accident Case
In this case, a traffic accident dispute arose after a collision between a truck and an electric bicycle in Eastern China City. The court held that the truck driver bore primary responsibility and ordered the employer and the insurer to compensate the injured cyclist. The total approved losses exceeded CNY 135,000, with the insurer to pay within policy limits and the employer to cover the remainder.
Mr. Gao, the plaintiff, was riding an electric bicycle when a truck driven by Mr. Li struck him while turning. The traffic police determined Mr. Li was 70 percent at fault and Mr. Gao 30 percent. Mr. Gao suffered a severe leg fracture, required 80 days of hospitalization, and incurred over CNY 89,000 in medical bills. He sued for CNY 161,151 in total damages, reduced to CNY 84,370 after Mr. Li’s employer paid CNY 60,000. The defendants were Mr. Li’s employer, Eastern China City Logistics Co., Ltd., and the insurer, Eastern China City Insurance Branch.
During the hearing, Mr. Gao presented medical records, a traffic accident report, a forensic appraisal, wage statements, and tax payment records. The logistics company agreed with the accident facts but left damage calculation to the court. The insurer admitted the truck had two compulsory insurance policies but challenged specific amounts, arguing that the future medical cost estimate was too high and that the plaintiff’s employer had paid part of his salary during recovery. The court reviewed all evidence and found it authentic and relevant.
The court found that Mr. Li was a negligent employee and directed the logistics company to bear 80 percent of the loss beyond the insurance coverage. Mr. Gao’s own negligence reduced the employer’s share from 100 percent to 80 percent. The court then assessed each damage item: medical expenses CNY 89,167.93; future surgery CNY 10,000; nutrition CNY 1,800; hospital meals CNY 2,400; nursing CNY 5,200; lost income CNY 24,463.20 (based on eight months at CNY 3,057.90 per month after deducting salary paid by employer); transport CNY 279; appraisal CNY 700; bicycle repair CNY 800; and medical aids CNY 339. The total approved losses were CNY 135,149.
According to relevant law, the court applied Article 6 of the Tort Liability Act to establish fault and Article 76 of the Road Traffic Safety Law for compulsory insurance liability. The court noted that the insurer’s objection to future medical costs lacked supporting evidence, so it relied on the hospital’s estimate and the forensic appraisal. For lost income, the court deducted wages the employer had already paid, consistent with the principle that compensation should not duplicate coverage. The court also exercised discretion on the repair cost, as neither side provided conclusive proof