CNY 204,094 Tractor-Motorcycle Collision: Grade-Six Disability and 70-30 Liability Split
A tractor driver backing up on a mountain road collided with a passing motorcyclist, causing injuries so severe that the victim was left with a grade-six disability, the second-most-serious level on the Chinese impairment scale. The county court divided liability at seventy percent for the tractor driver and thirty percent for the motorcyclist, ordering the driver and his insurer to pay combined damages exceeding CNY 162,000 after deducting prior payments.
The accident occurred on the afternoon of May 24, 2011, on a mountain pass road in a rural county. Mr. Yuan was driving his agricultural tractor and began reversing at the Xishanling section of the road when he struck Mr. Chen, who was riding a lightweight motorcycle in the opposite direction. Traffic police attributed primary responsibility to Mr. Yuan for unsafe backing and secondary responsibility to Mr. Chen for riding an unregistered motorcycle. Mr. Chen was hospitalized for fifty-one days with serious injuries and underwent continued outpatient treatment and rehabilitation for an additional 214 days.
A forensic evaluation conducted by a municipal psychiatric and judicial appraisal center confirmed that Mr. Chen’s injuries constituted a grade-six disability, indicating a majority loss of working capacity. The total documented economic losses included CNY 63,381.90 in medical expenses, CNY 1,020 in hospitalization food subsidies, CNY 4,282.47 in nursing costs, CNY 17,969.58 in lost wages, CNY 550 in transportation, CNY 113,030 in disability compensation, CNY 2,400 in appraisal fees, CNY 110 in rescue and towing charges, CNY 1,250 in vehicle damage, and CNY 100 in appraisal costs, totaling CNY 204,093.95. The court also awarded CNY 10,000 in mental distress compensation after considering the severity of the injury and local living standards, but rejected the plaintiff’s claim for CNY 15,000 as excessive.
The tractor was covered by a compulsory traffic liability insurance policy with Sunshine Property Insurance Company. The insurer had already paid CNY 10,000 under the medical expense limit, and Mr. Yuan had made a voluntary payment of CNY 14,000. The court allocated the compulsory policy limits first: CNY 10,000 for medical expenses and CNY 111,460 for disability, death, and property items. Beyond the policy limits, Mr. Yuan bore seventy percent of the remaining CNY 92,633.95 in uncovered losses, amounting to CNY 64,843.76, of which CNY 14,000 had already been paid. The plaintiff bore thirty percent of uncovered losses himself.
The insurer disputed several claimed amounts, arguing that lost wages should be calculated at the rural resident standard rather than the higher rate the court applied, and that mental distress compensation should be only CNY 5,000. The court rejected both arguments, finding that the evidence supported the plaintiff’s actual income level and that a grade-six disability justified CNY 10,000 in mental distress. The judgment required all payments within ten days, with double statutory interest accruing on any balance unpaid beyond that deadline.
This article is provided for informational purposes only and does not constitute legal advice. Traffic accident liability and insurance compensation rules vary across jurisdictions. Consult a qualified attorney for guidance on your specific situation.