CNY 235,000 Awarded for Sixth-Degree Disability in Traffic Accident
The Eastern China City People’s Court has ruled in favor of Ms. Wang in a motor vehicle accident liability dispute, awarding her CNY 235,000 in total compensation for injuries that left her with a sixth-degree disability. The defendant, Mr. Zhang, was found 80 percent at fault for the collision, while Ms. Wang bore 20 percent responsibility. The court ordered the Insurance Company (Eastern China City Branch) to pay CNY 120,650 under the compulsory third-party liability policy, and Mr. Zhang to pay the remaining balance after accounting for his advance payments.
The accident occurred on April 23, 2011, at about 8:30 a.m. near a primary school in Eastern China City. Mr. Zhang was driving a large tractor in a construction zone when he collided with an electric bicycle operated by Ms. Wang, who was traveling from north to south. Ms. Wang suffered severe head injuries, including brain contusion, subarachnoid hemorrhage, skull base fracture, and occipital bone fracture. She was hospitalized for 67 days. Subsequent forensic assessments at two certified institutes diagnosed her with moderate intellectual impairment due to the brain injury, classified as a sixth-degree disability, and found her totally incapacitated for work with a need for long-term rest.
During the hearing, Ms. Wang submitted a police accident report, medical records, itemized expense receipts, and expert opinions that recommended four months of nursing care and three months of nutritional support. Mr. Zhang challenged the severity of the disability and argued that certain claimed expenses were excessive. The Insurance Company also disputed the amounts for nursing, lost income, and mental distress, and noted that the vehicle damage had not been officially assessed. The court admitted the expert opinions, finding them reliable and unrefuted, and allowed the medical, appraisal, and repair evidence. It rejected some transportation receipts but granted a discretionary CNY 800 for travel.
The court calculated Ms. Wang’s total economic losses at CNY 260,441.50, including medical expenses of CNY 38,229.50, nutritional support of CNY 3,600, hospitalization meals of CNY 1,675, nursing care of CNY 9,365, lost income of CNY 19,203, disability compensation of CNY 142,610, dependent living expenses for her elderly mother and two minor sons of CNY 25,301, appraisal fees of CNY 4,008, and vehicle repair of CNY 650. It also awarded CNY 15,000 as mental distress damages. The compulsory insurance policy limit for personal injury and property damage was set at CNY 120,650. The court directed the Insurance Company to pay that amount first, then held Mr. Zhang responsible for 80 percent of the remaining CNY 124,791.50 plus the full mental distress award, totaling CNY 114,833.20. After deducting the CNY 33,877 in medical costs and CNY 1,500 Mr. Zhang had already paid, his net obligation amounted to CNY 79,456.20.
The court applied the Road Traffic Safety Law and the relevant provincial implementation regulations. It confirmed that the compulsory insurance carrier bears the first-layer liability up to the statutory caps. For losses exceeding those caps, liability is apportioned based on fault as determined by the police report. Since Mr. Zhang was driving a tractor in a construction area and failed to yield to Ms. Wang’s electric bicycle, he was