Court Awards CNY 18,458 in Traffic Accident Compensation
A court in Eastern China City has ordered an insurer and a driver to pay a total of CNY 18,458 in damages to an injured cyclist following a road traffic collision. The case involved a dispute over medical expenses, lost income, vehicle damage, and other losses arising from an accident in which the driver was found fully at fault.
The accident occurred on October 8, 2010, when Mr. Sha, the defendant driver, was operating a car along a national highway in Eastern China City. He collided with an electric bicycle ridden by the plaintiff, Mr. Qiu. The collision caused Mr. Qiu to suffer multiple injuries, including bone bruises and ligament damage, and his bicycle was also damaged. The local traffic police determined that Mr. Sha had failed to observe properly and ensure safety, assigning him full responsibility for the accident. Mr. Qiu later sued for CNY 30,000 in compensation for medical fees, lost wages, vehicle repair costs, and other expenses. Mr. Sha acknowledged liability and noted that his vehicle was insured with China Ping An Property Insurance Company, Eastern China City Branch, under a compulsory motor vehicle liability policy and commercial insurance. He also stated he had already advanced some payments for Mr. Qiu’s treatment.
During the court hearing, the plaintiff submitted detailed evidence. Medical records showed Mr. Qiu was hospitalized for 13 days, incurring total medical expenses of CNY 13,514.53, including outpatient fees. A forensic medical appraisal recommended a 30-day nursing period, and the plaintiff provided wage slips confirming that his relative, Mr. Zhou, who served as his nurse, had an average monthly salary of CNY 2,707 before the accident. An official price assessment of the damaged electric bicycle set the loss at CNY 1,492. The plaintiff also claimed CNY 1,000 in transportation costs and produced invoices for appraisal and copying fees totaling CNY 440. The insurance company argued that the vehicle damage should be only CNY 560 but offered no evidence to support that figure.
The court accepted the traffic police’s accident liability determination, finding it factual, legally sound, and procedurally proper. It held that Mr. Sha bore full responsibility for the accident and must compensate the plaintiff for all reasonable losses. Regarding the disputed vehicle damage, the court ruled that the official price assessment carried more weight than the insurer’s unsupported estimate. The court also rejected the insurer’s objection to medical expenses, noting that the plaintiff had provided genuine receipts consistent with the hospital records and medication lists. The nursing fee was calculated based on the nurse’s salary and the recommended 30-day period, and transportation costs were reduced to CNY 200 based on the circumstances.
Under the relevant provisions of the Traffic Safety Law and the judicial interpretation on personal injury compensation, the court applied the compulsory motor vehicle liability insurance framework. The insurance policy provided CNY 110,000 for death or disability, CNY 10,000 for medical expenses, and CNY 2,000 for property damage. After calculating the plaintiff’s total verified losses of CNY 18,458, the court ordered the insurer to pay CNY 14,399 within the policy limits. The remaining CNY 4,059 was to be paid by Mr. Sha, but since he had already advanced CNY 5,682, the plaintiff was required to return the excess to him. The court also dismissed the plaintiff’s claims for amounts beyond the verified losses.
This case highlights how Chinese courts assess evidence in personal injury claims arising from traffic accidents. The judgment confirms that insurers must compensate within the compulsory policy limits for proven medical costs, nursing fees, property damage, and other reasonable expenses. Defendants who have already made advance payments may seek reimbursement of excess amounts. The outcome also underscores the importance of maintaining proper documentation, such as medical bills, wage certificates, and official damage appraisals, to support claims in litigation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.