Court Awards CNY 19,941.60 in Eastern China Traffic Accident Case
A court in Eastern China City has resolved a dispute over personal injury compensation arising from a traffic accident involving an electric bicycle and a motorized tricycle. The plaintiff, a supermarket employee, sought damages for medical expenses, lost income, and other losses after being struck while riding her electric bicycle. The court found the defendant driver fully at fault and ordered the insurer to pay within policy limits, with the remaining amount to be covered by the driver. The judgment also addressed the return of medical fees the defendant had already paid.
The accident occurred on April 1, 2011, when Mr. Li was driving his motorized tricycle eastward on a non-motor vehicle lane south of a major road in Eastern China City. Ms. Wang, riding her electric bicycle in the opposite direction, collided with him. She suffered head trauma, a skull base fracture, concussion, and dental injuries requiring 13 days of hospitalization. Police determined Mr. Li bore full responsibility. Ms. Wang worked at a local supermarket earning an average monthly wage of CNY 1,706. Mr. Li had insured his vehicle with the People’s Insurance Company of China (PICC) under a compulsory liability policy.
During the trial, Ms. Wang presented evidence including police accident reports, medical records, hospital discharge notes, treatment receipts, and salary statements. Her legal representatives argued for compensation covering medical fees, nursing care, nutrition, hospital meals, lost income, travel expenses, and emotional distress. Mr. Li disputed the fault allocation but agreed that insurance should cover the losses first. PICC did not appear at the hearing but submitted a written response contesting certain amounts, including non-medical drug costs and the duration of lost income.
The court accepted the police accident determination that Mr. Li was solely at fault. It held that the compulsory insurance policy required PICC to compensate necessary and reasonable losses up to statutory limits. The total verified losses were CNY 19,941.60, comprising medical expenses of CNY 11,388.60, hospital meals of CNY 260, nutrition of CNY 195, nursing of CNY 780, lost income of CNY 5,118, travel costs of CNY 200 (reduced from CNY 400 due to reasonableness), and emotional distress damages of CNY 2,000 (reduced from CNY 5,000 based on injury severity and fault). Mr. Li had already paid CNY 8,288.60 toward medical bills.
Applying the framework for traffic accident liability, the court ruled that PICC must pay CNY 10,000 under the medical expense sublimit and CNY 8,098 under the disability sublimit, totaling CNY 18,098. The remaining CNY 1,843.60 fell to Mr. Li. Since he had prepaid CNY 8,288.60, Ms. Wang was ordered to reimburse him CNY 6,445. The court emphasized that the evidence, including the discharge instructions for three months of rest, supported the lost income calculation. It also noted that emotional distress was appropriate because the accident caused permanent dental damage.
This case illustrates the standard allocation of compensation in motor vehicle personal injury claims under Chinese law. The compulsory insurance covers basic losses, while the at-fault driver bears excess amounts. Prepaid medical costs are reconciled through reimbursement. The judgment reinforces that courts will assess each claimed item for reasonableness, particularly for travel and emotional distress. Plaintiffs should retain thorough medical and employment documentation to substantiate their losses.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.