Court Orders Insurance Payout of CNY 13,965.59 in Traffic Accident
A court in Eastern China City has ordered an insurance company to pay CNY 13,965.59 to a pedestrian injured in a road traffic accident. The plaintiff, Mr. Li, sued the driver, Mr. Wang, the vehicle owner, Mr. Zhou, and their insurer, China Life Property Insurance Company, Eastern China City Branch, for compensation following a collision on a provincial highway. The court found the driver primarily at fault but held that the compulsory insurance policy covered the plaintiff’s losses.
The accident occurred on November 13, 2010, around 5 p.m., when Mr. Wang, driving a van, struck Mr. Li on a highway in Eastern China City. Mr. Li was hospitalised for 12 days, incurring medical expenses of CNY 7,227.63, before being discharged due to an inability to pay further costs. The traffic police determined that Mr. Wang bore primary responsibility for the accident, while Mr. Li was found to have contributed secondary fault. The vehicle was insured under a compulsory traffic accident liability policy with the defendant insurance company, valid from May 21, 2010, to May 20, 2011. Mr. Li sought total damages of CNY 27,279.49.
During the hearing, both individual defendants attended court but did not submit written defences. The insurance company, represented by its authorised agent, acknowledged the accident and the policy but argued that the plaintiff’s claimed amounts were excessive and that it should not bear litigation costs. The court reviewed documentary evidence, including the accident liability determination, medical expense receipts, and the insurance policy. These exhibits were admitted without substantial dispute.
The court ruled that Mr. Wang, as the negligent driver, was civilly liable for the injuries. However, because the van was covered by a compulsory insurance policy, the insurer was obligated to compensate Mr. Li within the policy limits. The court adjusted several of the plaintiff’s claimed items, finding them too high. Mr. Li, being an urban resident, was entitled to lost income calculated at the average daily wage of CNY 94.08 for a total of 30 days (12 days hospitalisation plus 18 days of convalescence). Other awards included nursing fees, transportation, food subsidies, nutrition, and a modest property loss.
Legally, the court applied Article 76 of the Road Traffic Safety Law, which mandates that insurers pay compensation under compulsory policies for personal injury and property damage. It also referenced the Supreme People’s Court’s interpretation on personal injury compensation. The plaintiff’s contributory fault did not reduce the insurer’s liability within the compulsory coverage limits; instead, the shortfall, if any, would be apportioned between the parties. The court noted that Mr. Li’s early discharge did