Compensation of CNY 57,969 Awarded in Car Accident Case
A court in Eastern China City has ordered an insurance company to pay 57,969 CNY to a woman injured in a car accident. The plaintiff, Ms. Zhan, suffered head injuries and a ten percent disability rating. The court found the driver, Mr. Fan, fully at fault. The insurer was required to cover all losses under the compulsory traffic liability insurance policy.
The accident occurred on May 9, 2011, at approximately 5:45 PM. Mr. Fan was driving a car registered to Mr. Zhu. The vehicle collided with Ms. Zhan at an intersection in Eastern China City. Ms. Zhan sustained a mild closed head injury, a right temporal subdural hematoma, a right temporal lobe contusion, and facial soft tissue contusions. She was hospitalized for 28 days. The traffic police determined that Mr. Fan bore full responsibility for the accident, and Ms. Zhan had no fault. At the time, Ms. Zhan worked as a cleaner for a property management company, earning 1,155 CNY per month. She had no farmland and lived primarily from her urban job. The car was insured with a branch of a major insurance company, here referred to as the defendant insurer.
During the hearing, the court reviewed multiple pieces of evidence. The accident report confirmed the fault allocation. Medical records and a discharge summary documented the injuries and treatment. A forensic appraisal conducted on December 2, 2011, by a hospital-based institute in Eastern China City concluded that Ms. Zhan suffered a ten percent permanent disability. The appraisal also recommended six months of lost work time, two months of nutritional support, and two months of nursing care, all counting from the accident date. Evidence of her employment and wage stoppage was provided through a company certificate. The vehicle registration and insurance policy were also submitted. The insurer did not appear at trial despite proper notice.
The court found that Ms. Zhan’s total losses amounted to 57,969 CNY. This sum included 244 CNY for medical expenses, 504 CNY for hospital meals, 720 CNY for nutrition, 3,000 CNY for nursing care, 6,930 CNY for lost wages, 39,511 CNY for disability compensation, 5,000 CNY for mental distress, 1,760 CNY for the forensic appraisal fee, and 300 CNY for transportation. The disability compensation was calculated using the urban resident income standard because Ms. Zhan’s main income came from urban employment. The court adjusted the nutrition rate to 12 CNY per day based on local standards and the nursing rate to 50 CNY per day. All other claimed amounts were accepted as reasonable.
The court applied relevant provisions of the Road Traffic Safety Law and the Supreme People’s Court interpretation on personal injury compensation. Under the law, the insurer must first pay within the compulsory insurance liability limit. Since the total losses fell within that limit, the insurer was ordered to pay the full 57,969 CNY. Because the insurer covered all damages, the driver Mr. Fan and the vehicle owner Mr. Zhu were not required to pay anything further. The court also noted that the insurer’s failure to appear constituted a waiver of its procedural rights.
This case illustrates how courts in China handle motor vehicle accident claims involving compulsory insurance. When a driver is fully at fault, the insurer is usually the primary party responsible for compensating the injured victim. The court carefully verified each item of loss against the evidence, including medical reports, wage certificates, and forensic appraisals. The decision also confirms that victims who work in cities but retain rural household registration may still claim urban income standards if their livelihood depends on non-agricultural work. The judgment was issued in March 2012, and the insurer was given fifteen days to pay after the ruling took effect.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.