Court Awards CNY 18,846.5 in Traffic Accident Dispute
A traffic accident involving a bicycle and a car led to a court ruling that the defendant insurance company must pay the injured cyclist a total of CNY 18,846.5 in compensation. The plaintiff, Mr. Zou, sustained injuries when the driver of a vehicle, Mr. Wang, mistakenly pressed the accelerator instead of the brake, causing a collision. The court found the driver fully at fault and ordered the insurer to cover medical expenses, hospital meal allowances, and lost income under the compulsory third‑party liability policy.
The accident occurred on the evening of April 17, 2011, in Eastern China City. Mr. Zou was cycling when Mr. Wang’s car turned and struck him. Police determined that Mr. Wang bore full responsibility. Mr. Zou suffered injuries including soft tissue contusions, a tibial plateau fracture, a partial tear of the anterior cruciate ligament, knee joint effusion, and meniscus damage. He was hospitalized twice, first at a local hospital and later at another facility, for a total of 29 days. After treatment, he claimed damages for lost wages, hospital meal subsidies, medical costs, and nutritional support, initially seeking CNY 20,846.5. During the hearing, he withdrew the nutritional claim and reduced the demand to CNY 18,846.5.
At the hearing, Mr. Zou appeared in person, while the insurance company did not attend despite proper notice. The court accepted Mr. Zou’s evidence, which included a police accident report, the insurance policy, discharge records, medical reports, receipts for medical expenses, certificates of hospitalization and diagnosis, tax payment vouchers, payroll records, and attendance logs from his employer. The documents showed that Mr. Zou worked for a large petrochemical company in Eastern China City and had taken significant time off due to his injuries. The insurance company did not submit any evidence or objections, effectively waiving its right to challenge.
The court held that under the relevant traffic safety law, when a vehicle causes personal injury, the insurer must pay within the compulsory liability insurance limits. Because Mr. Wang was solely at fault and his car was insured by the defendant, the insurance company was obligated to compensate Mr. Zou. The court approved the medical expenses of CNY 676.5 and the hospital meal subsidy of CNY 870 (CNY 30 per day for 29 days). On the lost income claim, the court reviewed the medical certificates and attendance records, which indicated a recovery period of 3.3 months, and found this reasonable. The plaintiff’s average monthly wage was approximately CNY 5,242, so the court awarded CNY 17,300 (CNY 5,242 per month for 3.3 months).
Applying the applicable legal interpretations on personal injury compensation, the court reasoned that lost earnings must be based on actual income reduction and the necessary recuperation period. The evidence showed that Mr. Zou’s injuries required a substantial absence from work, and his employer confirmed his salary rate. The court also noted that compulsory motor vehicle insurance is designed to cover such losses, and the insurer could not avoid liability by failing to appear. The total award of CNY 18,846.5 was to be paid within ten days of the judgment, with additional interest for late payment.
This case illustrates how courts in China handle traffic accident claims involving cyclists and insured vehicles. The ruling confirms that when a driver is fully at fault, the insurer must compensate for verifiable economic losses, including medical bills and lost wages, even if the defendant does not participate in the proceedings. Victims should retain all medical and employment records to support their claims. The court’s careful examination of evidence ensured that the injured party received fair compensation without unnecessary delay. The decision also underscores the importance of compulsory insurance in protecting road users.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.