Car Collides with Electric Bicycle at Intersection Two Injured Passengers Compensated

A driver in Shandong Province has been held primarily responsible for a collision at an intersection that injured two people on an electric bicycle. The court ordered the driver’s insurance company to pay medical expenses and property damage within mandatory insurance limits.

The accident occurred on December 17, 2011, at around 10:50 AM in Changyi City. A driver was operating a small passenger vehicle northbound on Beihai Road. When he turned left at an intersection with Yuxin Street, he collided with an electric bicycle traveling southbound that was carrying two passengers.

Traffic police investigated and determined that the car driver bore primary responsibility for the accident while the bicycle driver bore secondary responsibility. The bicycle passenger had no responsibility. The car driver had failed to yield properly when making the left turn at the intersection.

One passenger on the bicycle was injured and hospitalized for 16 days with medical expenses of 27,468.41 yuan. The bicycle driver suffered property damage of 250 yuan to the bicycle, plus 60 yuan for damage assessment and 100 yuan for rescue services.

The injured parties filed a lawsuit seeking compensation. The car driver had mandatory traffic accident liability insurance with China Continent Insurance Company, with coverage limits of 122,000 yuan.

The insurance company argued that it should pay only within the specific sub-limits for different categories of losses under the mandatory insurance scheme. However, the court held that the insurance company should pay covered losses within the overall 122,000 yuan limit to protect the victims’ rights. The court emphasized that mandatory insurance is designed to protect third-party victims, and contractual provisions between the insurer and the insured cannot limit the victims’ recovery.

The court ordered the insurance company to pay 27,516.41 yuan for the passenger’s medical expenses and hospital meal allowances, and 250 yuan for the bicycle driver’s property damage. These amounts were within the mandatory insurance limits.

For losses not covered by mandatory insurance, the court applied the responsibility percentages. The car driver was ordered to pay 80 percent of the remaining losses, including copying fees and assessment fees. The bicycle driver was ordered to bear 20 percent of certain costs based on his secondary responsibility.

The car driver had already paid 1,000 yuan toward the passenger’s medical expenses before the lawsuit. This amount was accounted for in the final calculations.

This case illustrates how courts allocate responsibility in intersection collisions and how mandatory insurance provides baseline protection for accident victims regardless of the specific sub-limits in insurance contracts.

Disclaimer: The information presented in this article is based on publicly available court records and is intended for educational purposes only. It does not constitute legal advice. Readers should consult qualified legal professionals for advice specific to their circumstances.