Court Awards CNY 51,604.81 in Traffic Accident Case
A court in Eastern China City has ruled on a traffic accident dispute, ordering an insurer and a driver to compensate an injured cyclist. The plaintiff, Ms. Mao, sought damages after being struck by a car door. The court assessed total losses at CNY 51,604.81 and allocated liability between the insurance company and the defendant driver.
The accident occurred on October 12, 2010, when Mr. Lin opened his car door at an intersection in Eastern China City, colliding with Ms. Mao who was riding an electric bicycle. The impact caused Ms. Mao to fall, sustaining injuries to her left foot and right hand, along with damage to her shoes and bracelet. Police determined Mr. Lin was fully at fault. Ms. Mao was hospitalized for 28 days and diagnosed with a Lisfranc injury and soft tissue damage. She later claimed compensation for medical expenses, lost income, nursing care, and other losses, totaling CNY 37,805.93, later revised to include CNY 2,000 for nutrition and CNY 1,000 for property damage. Mr. Lin had already paid CNY 19,749.92 in medical costs and CNY 1,750 for inpatient nursing. The vehicle was insured by Anbang Property Insurance Eastern China City Branch under compulsory traffic liability insurance with a limit of CNY 122,000.
During the hearing, both parties presented evidence. Ms. Mao submitted police reports, medical records, hospital discharge summaries, and bills. She also provided a labor contract to prove lost wages, though only a copy was available. Mr. Lin submitted receipts for medical payments and nursing fees. The insurance company acknowledged the accident and policy coverage but disputed certain claims. The court reviewed all evidence, accepting most medical documents and rejecting the labor contract copy due to lack of verification. It also dismissed Ms. Mao’s claim for a damaged bracelet as unsubstantiated, though it noted property loss was likely.
The court found that Ms. Mao sustained total damages of CNY 51,604.81. This included CNY 23,994.62 for medical expenses (both paid by Ms. Mao and Mr. Lin), CNY 18,809.86 for lost wages based on 224 days of missed work at the local average wage, CNY 6,858.33 for nursing care (including the inpatient period and two months after discharge), CNY 420 for hospital meal subsidies at CNY 15 per day, CNY 222 for transportation based on receipts, CNY 800 for nutrition as a discretionary award, and CNY 500 for property damage. The court denied Ms. Mao’s request for CNY 4,000 in mental distress damages, as she failed to prove severe psychological harm from the accident.
Under Chinese law, the compulsory insurance carrier must pay the first layer of compensation up to the policy limit. The court held that Anbang Insurance Eastern China City Branch was liable for the full amount of CNY 51,604.81 within the CNY 122,000 limit, because the total did not exceed that cap. Since Mr. Lin had already advanced certain sums, the insurer’s payment would be adjusted accordingly. The court emphasized that the at-fault driver remains responsible for any amount above the insurance limit, but here the total was within the limit. The court further applied standard formulae for lost wages and nursing based on published average income data, as Ms. Mao did not provide sufficient proof of her actual earnings.
This case demonstrates how Chinese courts handle routine traffic accident claims involving compulsory insurance. The ruling clarifies that mental distress requires evidence of severe consequences, and that property losses need concrete proof. Litigants should retain all medical and expense records, and ensure employment documents are properly authenticated. The decision also confirms that insurers bear primary liability within policy limits, reducing the need for direct claims against individual drivers in many cases.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.