Court Awards CNY 53,378 for Prosthetic Limb in Accident Case
A court in Eastern China City has partially granted a claim for prosthetic limb costs and related expenses arising from a traffic accident. The plaintiff, Mr. Zhu, sought compensation of CNY 97,190 for a prosthetic leg, fitting costs, accommodation, care, maintenance, and transport. The court awarded a total of CNY 53,378.17, with the insurer liable for CNY 51,055.80 and the defendant driver liable for the remainder.
The accident occurred on 13 August 2010, when defendant Mr. Chen, driving a medium-sized truck, collided with Mr. Zhu, who was pushing a tricycle. Mr. Zhu was seriously injured and later fitted with a prosthetic leg. Traffic police found Mr. Chen primarily responsible and Mr. Zhu secondarily responsible. In an earlier judgment, the court had ordered the insurer, Dadi Insurance Company (Eastern China City Branch), to pay CNY 68,944.20 under the compulsory traffic insurance policy, leaving a remaining limit of CNY 51,055.80 for disability-related losses. The earlier claim for prosthetic costs was rejected as not yet incurred. Mr. Zhu then incurred expenses for a prosthetic limb from a fitting company in Eastern China City in October 2011. He later filed the present lawsuit claiming the prosthetic costs, accommodation for two persons during fitting, care fees, maintenance, and transport.
At the hearing, Mr. Zhu’s representative, Mr. Pang, appeared. The insurer and Mr. Chen did not attend, despite being properly summoned. The court accepted evidence including the earlier judgment, a certificate from the prosthetic fitting company, business licenses, an invoice for CNY 42,500 for the prosthetic, and 21 transport receipts. The court noted that one taxi receipt did not match the fitting dates and other receipts lacked travel details. After review, the court assessed reasonable transport costs at CNY 200.
The court found that Mr. Zhu had actually incurred a prosthetic cost of CNY 42,500 and a maintenance fee of CNY 10,200 (based on 8% of the prosthetic price per year for three years). However, a second prosthetic claimed for future use was not yet incurred. The court granted accommodation costs for two persons at CNY 37 per person per day for 12 days, totaling CNY 888. The claim for care fees was rejected because no evidence of actual care expenses or lost wages was provided. Total losses were calculated at CNY 53,788.
Legally, the court applied the Tort Liability Law and the Road Traffic Safety Law. Because the insurer had already paid the maximum disability compensation under the compulsory insurance limit, the remaining balance of CNY 51,055.80 was fully applied to cover most of Mr. Zhu’s losses. For the excess of CNY 2,732.20, the court held Mr. Chen 85% liable due to his primary fault, resulting in a further award of CNY 2,322.37. The court noted that Mr. Zhu could claim the future prosthetic cost once it was actually incurred.
This case illustrates how courts handle sequential claims for prosthetic limbs after a traffic accident. The decision emphasizes that only actual expenses are recoverable, and that compulsory insurance limits must be exhausted before the driver’s personal liability arises. It also shows that claimants should keep clear invoices and proof of care or lost income to support ancillary items like accommodation and transport. Parties facing similar situations should be aware of the need to document all expenditures and to file separate claims when future costs materialize.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.