Court Orders CNY 86,136 in Pedestrian Accident Case
A court in Eastern China City has ruled in favor of a pedestrian injured in a traffic accident, awarding total damages of CNY 86,136.36. The plaintiff, Mr. Li, sought compensation for medical expenses, lost income, and other losses after being struck by a motorcycle. The court found the motorcyclist fully at fault and held the insurer liable for most of the damages.
The accident occurred on May 26, 2011, when Mr. Zhang was driving a three-wheeled motorcycle along the non-motor vehicle lane on the north side of a major road. As Mr. Li stepped onto the road from the south side, the motorcycle scraped him, causing injuries. The traffic police determined that Mr. Zhang bore full responsibility for the collision. Mr. Li suffered a fractured leg and was hospitalized for six days. A judicial appraisal later rated his disability at level 10 under the national standard, meaning partial loss of function. Mr. Li sued Mr. Zhang and the insurer of the motorcycle, which held a compulsory third-party liability insurance policy.
During the court hearing, Mr. Li presented extensive evidence, including the accident report, the insurance policy, medical records, hospital bills, and wage statements from his employer to prove lost income. He also submitted the disability appraisal and receipt for the appraisal fee. Mr. Zhang attended the hearing and did not dispute the evidence. The insurance company, despite being properly notified, failed to appear in court. The court therefore treated the insurer as having waived its right to challenge the evidence. The trial proceeded summarily, and the court reviewed all documents for authenticity and relevance.
The court found that the total compensable losses amounted to CNY 86,136.36. This sum comprised medical expenses of CNY 6,227.86, disability compensation of CNY 60,332, transportation costs of CNY 400, nursing fees of CNY 4,153.50, lost wages of CNY 8,700, hospital food allowance of CNY 150, nutritional support of CNY 1,600, appraisal fee of CNY 1,600, and CNY 3,000 for emotional distress. The court noted that the compulsory insurance policy had sufficient coverage for all items except the appraisal fee. Because Mr. Zhang bore full liability, he had to pay the appraisal fee, but he had already paid Mr. Li CNY 5,000 after the accident. Mr. Li agreed in court to refund the excess, so the judgment directed Mr. Li to return CNY 3,400 to Mr. Zhang.
Legally, the court applied the provisions of the Road Traffic Safety Law and the Tort Liability Law. Under the Road Traffic Safety Law, an insurer must compensate victims up to the compulsory insurance limit when a motor vehicle causes injury. The court held that the insurance company must pay all damages within the coverage cap because the accident fell under the insured event. For the appraisal fee, which falls outside the insurance policy, the at-fault driver must bear the cost. The court further cited the Supreme People’s Court Interpretation on Personal Injury Damages to calculate each item, using the local average wage for nursing and the plaintiff’s actual wage for lost income. The emotional distress award was deemed appropriate given the level of disability.
This case illustrates how courts handle motor vehicle versus pedestrian accidents where the driver is fully at fault. The compulsory insurance system plays a central role by covering most economic losses, while the driver remains liable for non-covered expenses such as appraisal fees. The judgment also shows that if the driver makes an advance payment, the court will adjust the final compensation to avoid double recovery. For readers involved in similar disputes, it is important to provide complete documentation of all losses, including medical reports and proof of income. The ruling reinforces that insurers cannot avoid liability by ignoring court proceedings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.