Court Orders Payment of CNY 3,600 in Traffic Accident Compensation
A court in Eastern China City has ordered a defendant to pay CNY 3,600 in compensation for injuries sustained in a motorcycle accident. The plaintiff, Mr. Zhang, sought enforcement of a written IOU that the defendant, Mr. Wang, had issued after a traffic dispute. The case was heard in a summary procedure after the defendant failed to appear.
The accident occurred on January 26, 2011, when Mr. Zhang was waiting on a sidewalk in Eastern China City to load goods. Mr. Wang, riding a motorcycle, drove onto the sidewalk to avoid other vehicles and struck Mr. Zhang, causing injury. Local traffic police mediated the dispute, and Mr. Wang agreed to pay CNY 3,600 in compensation. Because he did not have the money at the time, he issued a signed IOU promising full payment by April 1, 2011. Mr. Wang never paid. Mr. Zhang called him repeatedly, but Mr. Wang eventually changed his phone number and avoided contact. Mr. Zhang visited Mr. Wang’s home more than ten times; Mr. Wang was never present, though his father promised to pay but did not. Mr. Zhang then filed a lawsuit demanding the CNY 3,600 and that the defendant bear the court costs.
At the hearing, Mr. Zhang appeared in person. Mr. Wang did not appear despite being properly served with a summons, and he provided no defense or evidence. The court treated this as a waiver of his rights to present evidence and cross-examine. Mr. Zhang submitted two pieces of evidence: his identity card to show his legal standing, and the original IOU dated March 15, 2011, which stated: “This is to acknowledge that I owe Mr. Zhang traffic accident compensation of CNY 3,600, to be paid in full by April 1, 2011.” The court reviewed the evidence and confirmed its authenticity and relevance.
The court found that the debt was clear and that Mr. Wang had failed to honor his obligation. The IOU was a valid written acknowledgment of the debt arising from the traffic accident. Under the General Principles of the Civil Law, a debtor must repay debts. The court noted that Mr. Wang’s absence did not prevent a judgment because the law permits default judgments when a defendant is properly summoned and fails to appear. The court ruled that Mr. Wang must pay the full CNY 3,600 within ten days of the judgment taking effect.
The legal basis for the decision was Article 108 of the General Principles of the Civil Law, which states that debts shall be cleared. The court also applied procedural rules allowing a default judgment when the defendant does not attend without a valid reason. The court held that the IOU constituted conclusive evidence of the debt. Because Mr. Wang did not contest the claim or present any contrary evidence, the court accepted Mr. Zhang’s version of events. The judgment also included a provision for interest: if Mr. Wang fails to pay on time, he must pay double the delayed payment interest as prescribed by the Civil Procedure Law.
This case illustrates that a simple written IOU can be sufficient to prove a debt in court, even when the underlying accident has not been formally litigated. The court’s ruling affirms that compensation agreements reached through informal mediation are enforceable. Defendants who ignore court summons risk losing by default and being ordered to pay costs. For parties in similar situations, keeping written evidence of any settlement is critical. The judgment serves as a reminder that legal obligations do not disappear when a debtor changes contact details or avoids the creditor.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.