Court Awards CNY 5,757 in Traffic Accident Case
A court in Eastern China City has ruled in favor of a retired cyclist who was injured in a traffic collision, ordering an insurance company to pay compensation totaling CNY 5,757. The case involved a dispute over damages after a car struck the plaintiff’s bicycle, causing injuries and property loss. The defendant driver admitted fault, and the insurer agreed to cover losses under the compulsory insurance policy, though it challenged certain claims such as lost income and medical expenses.
The accident occurred on July 22, 2011, at approximately 12:45 p.m. near a road intersection in Eastern China City. The plaintiff, Mr. Li, was riding his bicycle when a vehicle driven by the defendant, Mr. Zhang, sideswiped him, causing Mr. Li to fall and sustain injuries. Both the bicycle and the car were damaged. A traffic police report assigned full liability to Mr. Zhang, finding Mr. Li blameless. Mr. Li was hospitalized for ten days at a local hospital. He later filed a lawsuit seeking CNY 14,317 in total damages, comprising medical expenses of CNY 3,857, hospital meal allowances of CNY 500, lost wages of CNY 8,560, nursing fees of CNY 1,000, transportation costs of CNY 200, and property loss of CNY 200. Mr. Zhang’s vehicle was insured under a compulsory traffic insurance policy with the defendant insurance company, and also had commercial coverage.
During the court hearing, both Mr. Zhang and the insurance company acknowledged the facts of the accident. Mr. Zhang noted that he had already paid CNY 2,350 in medical expenses on behalf of Mr. Li and requested reimbursement from the insurance payout. The insurance company agreed to compensate within the compulsory insurance limits but argued that non-prescription medications should be excluded. It also contended that Mr. Li was a retired worker and therefore not entitled to lost wages, and it challenged the evidence supporting the nursing fee claim. The court reviewed all submitted documents, including medical bills, hospital records, and the traffic accident report. The hearing proceeded with all parties present.
The court found that both defendants accepted the core facts, and therefore it confirmed those facts as established. It held that Mr. Zhang, as the driver fully liable for the accident, bore tort liability for Mr. Li’s injuries. Since Mr. Zhang’s vehicle was covered by a compulsory insurance policy with the defendant insurance company, and the accident occurred within the policy period, the insurer was required to pay compensation up to the policy limits. The court calculated the recoverable losses as follows: medical expenses of CNY 3,857 (including CNY 2,823 for inpatient treatment and CNY 1,034 for outpatient care), hospital meal allowance of CNY 500 (CNY 50 per day for ten days), nursing fee of CNY 1,000, transportation costs of CNY 200 (a discretionary amount), and bicycle damage of CNY 200, totaling CNY 5,757. The court also noted that Mr. Zhang’s advance payment of CNY 2,350 would be reimbursed to him after the insurer satisfied the judgment.
In its legal analysis, the court applied relevant provisions of the General Principles of Civil Law, the Supreme People’s Court’s interpretation on personal injury compensation, and the Road Traffic Safety Law. The court determined that the insurance company must pay within the compulsory insurance limits, and that the plaintiff’s status as a retired worker did not automatically bar a claim for lost income, but here the plaintiff did not provide sufficient evidence of actual wage loss, so the court did not award that amount. The court also rejected the insurer’s argument to exclude non-prescription medications, as no specific evidence was presented. The nursing fee was supported by medical records indicating a need for care, and the transportation and property loss amounts were considered reasonable.
This case highlights the standard procedure for resolving traffic accident disputes under China’s compulsory insurance system. The judgment confirms that where a driver is at fault, the insurer must compensate the victim for actual medical expenses, hospital meals, nursing care, transportation, and property damage, up to policy limits. Notably, the court did not award lost wages because the plaintiff was retired and failed to prove actual income loss. The defendant driver’s advance payments were correctly handled as reimbursements from the insurance proceeds. For victims in similar situations, it is important to retain all medical and expense records and to understand that retirement status may affect claims for lost earnings. The decision was issued in March 2012 and is subject to appeal within fifteen days.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.