Drunk Driver Kills Pedestrian Insurance Must Pay Victims Family 120,000 Yuan
An insurance company in Zhejiang Province has been ordered to pay 120,000 yuan to the family of a pedestrian killed by a drunk driver, despite arguing that drunk driving excluded coverage. The court ruled that mandatory traffic accident insurance must protect third-party victims regardless of the driver’s intoxication.
The accident occurred on November 11, 2011, at around 1:30 PM on a rural road in Chun’an County. A man was riding a motorcycle while intoxicated when he collided with two pedestrians walking along the roadside. One of the pedestrians, a 68-year-old man, was seriously injured and died two days later despite emergency treatment at two hospitals.
Traffic police investigated and determined that the drunk motorcyclist bore full responsibility for the accident. The pedestrians had no responsibility. The motorcyclist’s blood alcohol content exceeded the legal limit, and his impaired driving caused the collision.
The victim’s family filed a lawsuit seeking compensation for medical expenses, lost wages, nursing care, hospital meal allowances, death compensation, funeral expenses, and transportation costs. Their total claim exceeded 186,000 yuan. However, the family had already reached a settlement with the driver for amounts beyond the insurance coverage, so they sought 120,000 yuan from the insurance company within the mandatory insurance limits.
The insurance company argued that it should not be liable because the driver was intoxicated. Under insurance regulations, the company contended that it was only required to advance emergency medical expenses in drunk driving cases, not to pay other damages. It argued that mandatory insurance should not protect drivers who commit serious violations like drunk driving.
The court rejected the insurance company’s argument. It held that mandatory traffic accident liability insurance is designed to protect third-party victims, not to shield drivers from consequences of their violations. The purpose of the insurance is to ensure that accident victims receive compensation regardless of the driver’s financial condition or misconduct. The court ordered the insurance company to pay 120,000 yuan within the mandatory insurance limits.
The court calculated the victim’s losses as follows. Medical expenses of 11,193.57 yuan. Nursing fee of 167.94 yuan for the two-day hospitalization. Hospital meal allowance of 30 yuan. Death compensation of 156,852 yuan based on rural standards for a 68-year-old victim. Funeral expenses of 15,324.96 yuan. Lost wages of 2,015.28 yuan for family members handling funeral arrangements. The total exceeded 185,000 yuan, well above the insurance limit.
The driver had already paid 130,000 yuan to the victim’s family as part of a settlement agreement. This payment was separate from the insurance compensation and addressed the family’s losses beyond the insurance limits.
This case illustrates an important principle in Chinese traffic accident law. Mandatory traffic accident liability insurance protects victims, not drivers. Insurance companies must pay covered amounts to victims even when drivers commit serious violations like drunk driving. The insurance company may then seek reimbursement from the driver, but it cannot deny the victim’s claim based on the driver’s misconduct.
Disclaimer: The information presented in this article is based on publicly available court records and is intended for educational purposes only. It does not constitute legal advice. Readers should consult qualified legal professionals for advice specific to their circumstances.