Court Awards CNY 11,061 in Vehicle Accident Case
Mr. Sun, the plaintiff, filed a lawsuit against Mr. Wang, the defendant, seeking compensation for injuries sustained in a traffic collision. The court found Mr. Wang fully liable for the accident and ordered him to pay CNY 11,061.33 to Mr. Sun after accounting for a prior payment. The dispute arose from a 2011 crash involving a tractor and an electric bicycle.
On March 11, 2011, at around 7 p.m., Mr. Wang drove a tractor without a valid driver’s license or proper registration. He traveled southbound in the northbound non-motor vehicle lane on Highway 106 in Central China City. Mr. Sun was riding an electric bicycle northbound in the same lane. The vehicles collided, causing Mr. Sun serious injuries and damaging his bicycle. The traffic police determined that Mr. Wang was fully responsible. Mr. Sun was diagnosed with an open, comminuted fracture of the right tibia and fibula. He incurred total medical expenses of CNY 30,744.56, of which CNY 21,961.53 were reimbursed through his workplace. Mr. Wang paid CNY 5,000 voluntarily but refused to cover the remaining losses, prompting Mr. Sun to sue for CNY 26,294.03.
During the hearing, both parties presented evidence. Mr. Sun submitted the traffic accident liability determination, medical bills, hospital records, a reimbursement statement, employment and wage documents, a marriage certificate, and a diagnosis note. Mr. Wang challenged the liability determination, arguing that Mr. Sun had been speeding and should share half the fault. However, the defendant provided no supporting evidence. The court accepted the police report as valid. Mr. Wang also questioned the wage statements because they did not reflect tax deductions, but the court found the documents reliably showed Mr. Sun’s income and that of his caregiver. Both sides agreed on the authenticity of the medical records and the marriage certificate.
The court held that Mr. Wang’s violation of traffic laws was the sole cause of the accident. The official police determination of full liability was conclusive. The court then calculated the compensable losses. It allowed medical expenses of CNY 8,783.03 (the unreimbursed portion) and hospital meal subsidies of CNY 1,050. For lost wages, the court reduced Mr. Sun’s claimed CNY 12,432 to CNY 4,758.30, based on his daily wage of CNY 93.30 multiplied by his hospitalization period plus one month of recovery. Nursing costs were adjusted from CNY 1,764 to CNY 1,470, reflecting the caregiver’s daily wage of CNY 70 over 21 days. The court denied claims for nutrition fees of CNY 1,665 and transport costs of CNY 600 because no receipts or supporting documents were provided. The total allowed damages came to CNY 16,061.33. After deducting the CNY 5,000 already paid by Mr. Wang, the remaining sum was CNY 11,061.33.
From a legal perspective, the court applied Article 6 and Article 16 of the Tort Liability Law of the People’s Republic of China, as well as relevant judicial interpretations on personal injury compensation. The key point was that Mr. Wang’s fault was clear—driving without a license, using an unregistered vehicle, and traveling in the wrong direction. The burden of proof lay with the defendant to challenge the police report, and he failed to do so. The court also emphasized that claims for future expenses or special damages must be supported by concrete evidence, which the plaintiff lacked for nutrition and transport.
This case illustrates how courts assess liability in motor vehicle accidents when the at-fault driver violates multiple safety rules. It also highlights the importance of presenting complete documentation for every category of damages. Mr. Sun recovered about 42 percent of what he originally sought, partly because of insufficient evidence for certain items. Blog readers who have been in similar accidents should note that a clear police liability finding is persuasive but does not automatically guarantee every claimed expense.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.