Motor Vehicle Accident Dispute Yields CNY 8,462 in Damages
In a motor vehicle accident liability case, the court ordered an insurance company to pay a total of CNY 8,462 to a plaintiff who suffered dental injuries when her electric bicycle collided with a car door. The plaintiff, Ms. Wang, sued the driver, Mr. Shi, and his insurer after the December 2011 incident in an Eastern China City. The court found the driver primarily at fault and the plaintiff secondarily at fault, applying compulsory insurance provisions to cover the damages.
On December 30, 2011, at around 7:55 PM, Ms. Wang was riding her electric bicycle along a road in Eastern China City. As she passed near a mobile company office, the right door of a car driven by Mr. Shi opened to let out a passenger. Ms. Wang struck the door and suffered injury to one of her front teeth. She sought treatment at a local hospital and later at a dental clinic. Traffic police determined that Mr. Shi bore primary responsibility for the accident, while Ms. Wang bore secondary responsibility. The car was owned by a rental company and leased to Mr. Shi, who had insured it with the defendant Insurance Company under a compulsory motor vehicle liability policy.
During the court hearing in March 2012, both parties presented evidence. Ms. Wang submitted medical records, diagnosis reports, hospital bills, transportation receipts, and a medical certificate recommending rest. Mr. Shi provided his driving license, vehicle registration, lease contract, and a receipt showing he had already paid Ms. Wang CNY 1,000. The Insurance Company challenged the claimed expenses, arguing that lost wages should cover only 15 days and that some dental costs were excessive. The court examined all evidence and heard testimony from the parties.
The court found that Ms. Wang’s dental injury required proper treatment to restore her appearance, justifying the dental repair costs. Based on the medical certificate and treatment schedule, the court determined her lost work time was 16 days and accepted her claimed wage rate, which did not exceed the regional annual average. The court allowed medical expenses of CNY 6,558, lost wages of CNY 1,200, and transportation and accommodation costs of CNY 704, totaling CNY 8,462. The court rejected the Insurance Company’s argument to reduce the medical expense to a minimal amount.
According to relevant law, a compulsory insurance carrier must compensate for personal injury within the policy limits. Since the vehicle was insured and the accident caused actual harm, the court held the Insurance Company liable for the full CNY 8,462. However, because Mr. Shi had already paid CNY 1,000 to Ms. Wang, the court ordered the Insurance Company to pay Ms. Wang the remaining CNY 7,462 and to reimburse Mr. Shi for the CNY 1,000 he advanced. The court based its decision on the Tort Liability Law and the Road Traffic Safety Law, as well as judicial interpretations on personal injury damages.
This case illustrates how compulsory auto insurance covers accident-related medical and economic losses when a driver is partly at fault. The court clarified that even when the plaintiff shares some blame, the insurer bears the full compensation within policy limits, deducting any prior payments from the at-fault driver. Both defendants were ordered to pay within ten days, with the driver responsible for half the court costs. The judgment also noted that any delayed payment would incur additional interest. This ruling reinforces the protective function of mandatory insurance in traffic disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.