Bicycle Collision Leads to Damages Award of CNY 6995 in Eastern China City

The Eastern China City People’s Court recently ruled on a civil dispute between Ms. Song and Ms. Zhu arising from a bicycle collision. The court ordered Ms. Zhu to pay Ms. Song a total of CNY 6995.38 in compensation for personal injury and related losses. The case involved claims of medical expenses, lost income, and other damages after Ms. Zhu fled the accident scene. The court also addressed issues of statute of limitations and a prior settlement agreement.

On May 16, 2009, at around 7:30 a.m., Ms. Zhu was driving an electric bicycle and collided with Ms. Song, who was riding a bicycle at an intersection in Eastern China City. Ms. Song fell to the ground and sustained injuries, and her bicycle was damaged. Ms. Zhu fled the scene immediately after the accident. Ms. Song received treatment at local hospitals, incurring medical expenses of CNY 3267.90. The traffic police determined that Ms. Zhu bore full responsibility for the accident due to her flight, which destroyed evidence. Ms. Zhu paid Ms. Song CNY 1000 shortly after the incident. Attempts to mediate the dispute at the local police station and traffic police department failed, and a mediation termination certificate was issued on September 20, 2011. Ms. Song then filed the lawsuit on December 29, 2011, seeking CNY 14,673.80 in total compensation.

The court held two public hearings on January 11, 2012, and March 20, 2012. Ms. Song presented evidence including a traffic accident liability determination, medical expense receipts, medical records, and court transcripts. Ms. Zhu called a witness, Mr. Lu, who testified that he saw Ms. Song in the middle of a four-lane road during a red light and that Ms. Zhu’s bicycle bag hook caught Ms. Song, causing her to fall. The court also ordered a judicial appraisal by the Suzhou University Forensic Institute, which issued a report on February 15, 2012. The appraisal confirmed that Ms. Song had a right elbow dislocation and radial head fracture. It determined a 90-day reasonable leave period, a 60-day nursing period, and a 30-day nutritional support period. It also found that a Chinese herbal medicine expense of CNY 310.52 on August 7, 2009, was not causally linked to the injury, while other herbal treatments were related. Ms. Zhu paid the appraisal fee of CNY 2880.

The court found that Ms. Zhu was fully liable for the accident based on the traffic police determination. Under relevant law on personal injury compensation, the court calculated Ms. Song’s total losses at CNY 7995.38. This included medical expenses of CNY 2957.38 after deducting the uncorrelated herb cost; lost income of CNY 4138, calculated using the local average urban household consumption expenditure standard of CNY 16,782 per year for a 90-day period; nursing fees of CNY 500; nutrition fees of CNY 300; and transportation costs of CNY 100. The court rejected the claim for property damage due to lack of evidence. After deducting the CNY 1000 already paid by Ms. Zhu, the remaining compensation was CNY 6995.38.

On the issue of statute of limitations, the court noted that Ms. Song repeatedly contacted Ms. Zhu and sought mediation at the police and traffic departments after the accident. These actions caused multiple interruptions to the limitation period, which reset each time. Since mediation ended on September 20, 2011, and the lawsuit was filed on December 29, 2011, the claim was not time-barred. Regarding the alleged settlement of CNY 1000, Ms. Zhu failed to provide credible evidence that a binding agreement was reached, so the court rejected this defense. The causal link between Ms. Song’s injuries and the accident was established by the judicial appraisal report, which the court accepted.

The court ordered Ms. Zhu to pay Ms. Song CNY 6995.38 within ten days of the judgment taking effect. If payment is delayed, interest at double the statutory rate for delayed performance will apply. The court also ordered Ms. Zhu to bear the litigation costs of CNY 200 (after reduction) and the appraisal fee of CNY 2880, totaling CNY 3080, with CNY 200 to be paid directly to Ms. Song. The judgment is subject to appeal within 15 days. This case highlights the importance of documenting mediation efforts to preserve claims and the need for clear evidence when asserting a private settlement.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.