Car Accident Victim Awarded CNY 8477.74 in Eastern China
A court in Eastern China has ruled that an insurance company must pay a traffic accident victim CNY 8477.74 in damages. The plaintiff, Mr. Wu, suffered injuries in a collision with a vehicle driven by Mr. Hu. The court found Mr. Hu fully at fault for the accident. Mr. Wu had claimed a total of CNY 17,235.90 in various losses. After reviewing the evidence, the court reduced the award to the amount covered by the compulsory insurance policy.
The accident occurred on October 5, 2011, on a county road in Eastern China. Mr. Hu was driving a small car south when he struck Mr. Wu, who was walking. Mr. Wu sustained abdominal blunt trauma, a liver contusion, and a tendon injury to his right little finger. He was hospitalized for seven days and later prescribed four weeks of rest. Police determined that Mr. Hu bore full responsibility for the collision. Mr. Hu had already paid Mr. Wu CNY 10,000 through the traffic police. The car was insured with Pacific Insurance Eastern China City Branch under both compulsory third-party liability insurance and commercial third-party liability insurance with a limit of CNY 500,000.
During the court hearing, Mr. Wu and his legal representative, Ms. Huang, appeared. Mr. Hu and the insurance company did not attend, despite being properly summoned. The court reviewed Mr. Wu’s evidence, which included the accident report, medical records, discharge summary, hospital bills, a cost estimate for follow-up surgery, and receipts for transportation. The insurance company had argued in its written response that some of Mr. Wu’s claims were excessive or lacked proper support. It also stated that it would not pay litigation costs.
The court held that Mr. Hu was fully liable for the accident and that his insurer must pay within the compulsory insurance limits. After reviewing the evidence, the court calculated Mr. Wu’s total losses at CNY 18,477.74. This included CNY 7,490.54 in medical expenses, CNY 3,357.20 for lost wages based on the local average wage, CNY 490 for nursing care at a reduced daily rate, CNY 70 for hospital meals, CNY 70 for transportation, and CNY 7,000 for future surgery costs. After deducting the CNY 10,000 already paid by Mr. Hu, the remaining amount was CNY 8,477.74.
The court rejected several of Mr. Wu’s higher claims. It found no evidence to support his requested daily wage of CNY 150, so it applied the official average wage for the region. The court also reduced the nursing care to one person because Mr. Wu did not provide medical documentation justifying additional caregivers. Requests for nutrition fees, property damage for a broken phone, and emotional distress compensation were denied for lack of proof. The court noted that Mr. Hu and the insurance company had waived their right to contest these points by failing to appear.
This case illustrates how Chinese courts handle routine traffic accident claims when one party does not attend the hearing. The court relied on the police accident report to assign full liability to the defendant. The award was limited to proven losses and adjusted to reasonable amounts based on local standards. The insurance company was required to pay within the compulsory insurance cap. The judgment serves as a reminder that plaintiffs must provide clear evidence for each item of damage, especially for wage loss and special expenses. The court also emphasized that failure to appear does not stop a default judgment.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.