Court Orders Insurance Payout of CNY 1114.4 for Bus Crash Injury
A court in Eastern China City has ordered an insurance company to pay CNY 1,114.40 in medical expenses to a woman injured in a three-vehicle collision. The ruling followed a dispute over liability after a semi-trailer rear-ended a bus, causing multiple injuries. The court rejected the insurance company’s request to add an uninvolved vehicle owner as a defendant.
The plaintiff, Ms. Zhang, was a passenger on a large public bus when a semi-trailer owned by the defendant transport company struck the bus from behind. The impact also caused the semi-trailer to sideswipe a car. The accident occurred in July 2011 near a school in Eastern China City. Police determined that the semi-trailer driver, Mr. Zhang, an employee of the transport company, was fully at fault. Ms. Zhang suffered injuries and was hospitalized, incurring medical costs of CNY 1,114.40. She sued the transport company and its insurer, the defendant insurance company, for reimbursement.
During the hearing, the court examined evidence including the traffic accident report, emergency medical records, and hospital expense receipts. The insurance company argued that because three vehicles were involved, the owner of the uninjured car should also be added as a defendant, as that vehicle’s insurer might be required to pay under compulsory insurance rules. The transport company stated that its vehicle was insured and that the insurer should cover the loss. Ms. Zhang opposed adding any other party as a defendant.
The court found that the semi-trailer driver caused the accident by violating traffic laws. Since the vehicle was insured under both compulsory traffic liability insurance and commercial third-party liability insurance with the same insurance company, the insurer bore the primary obligation to compensate within policy limits. The court noted that seven people were injured in the crash and that sufficient coverage must be reserved for the other six victims. For any amount exceeding the insurance limits, the transport company would be liable.
On the insurance company’s request to join the uninjured car owner, the court held that no direct contact occurred between Ms. Zhang’s bus and that car. Ms. Zhang did not consent to adding that party, and the court found no legal basis to compel her. The court cited relevant provisions of the Tort Liability Law and the Traffic Safety Law, emphasizing that the insurer must directly pay the victim for reasonable medical expenses. The evidence showed Ms. Zhang’s medical costs of CNY 1,114.40 were properly documented.
This case reinforces the principle that in multi-vehicle accidents, only the at-fault party’s insurer is initially required to pay, unless there is direct involvement of an uninjured vehicle. Victims should ensure they provide clear medical receipts and oppose unnecessary joinder of parties. The court ordered the insurance company to pay the full medical claim within the compulsory insurance limit and dismissed all other claims. The transport company was ordered to pay half of the court costs.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.