Car Passenger Awarded 348,000 Yuan for Spinal Cord Injury Sustained in Single-Vehicle Crash

A passenger who suffered permanent spinal damage when a car ran off the road has been awarded substantial compensation. The case demonstrates how vehicle insurance covers passengers when driver negligence causes a single-vehicle accident.

In December 2009, a driver lost control of his sedan on a rural road in Zhejiang province. The vehicle left the roadway and fell from an embankment, injuring all five occupants. The passenger suffered multiple spinal fractures resulting in incomplete paralysis of the left leg.

The passenger was hospitalized for 141 days at Taizhou Hospital with diagnoses including a burst fracture of the twelfth thoracic vertebra with paralysis, and fractures of the spinous process and transverse processes. Medical assessment confirmed combined Level 7 and Level 9 disabilities based on the spinal injuries.

The driver accepted full responsibility as determined by traffic police. The vehicle carried an onboard passenger liability insurance policy with a 10,000 yuan per-passenger limit.

The passenger claimed total damages of 373,948 yuan including medical expenses of 104,069 yuan, disability compensation of 229,815 yuan, lost wages, nursing care, transportation, nutrition, and follow-up surgery costs. After deducting 25,000 yuan already received from the driver, the net claim was approximately 348,948 yuan.

The driver acknowledged the accident and expressed willingness to pay reasonable compensation. The insurance company, though absent from proceedings, had previously agreed to process the passenger liability claim within the case.

The court verified the medical evidence and confirmed the disability assessment. The court calculated disability compensation based on the combined effect of two disability ratings using the standard multiplication method. Medical expenses were confirmed based on hospital records and invoices. Lost wages and nursing care were calculated using standard rates applicable to the 141-day hospitalization period.

The insurance company was ordered to pay 10,000 yuan under the passenger liability policy. The remaining balance, after deducting the 25,000 yuan already paid by the driver, was ordered to be covered by the driver personally.

This case reminds passengers that even when riding as guests, they have legal recourse for injuries caused by the driver’s negligence. Vehicle owners should consider carrying higher liability limits given the potentially catastrophic costs of serious injuries.

Disclaimer: This article summarizes a court judgment for educational purposes only and does not constitute legal advice.