Eastern China City Court Awards CNY 90,845.66 in Traffic Accident
The Eastern China City People’s Court has ruled in a traffic accident dispute, awarding a total of CNY 90,845.66 in damages to an injured motorcyclist. The plaintiff, Mr. Liao, sued the defendant driver, Mr. Yang, and the insurer, Ping An Property Insurance, for personal injuries and property damage following a head-on collision. The court found Mr. Yang wholly at fault and ordered the insurance company to pay most of the compensation, with Mr. Yang liable for certain fees.
On October 7, 2011, Mr. Yang was driving a car along a county road when he crossed into the opposite lane and struck Mr. Liao’s motorcycle. Mr. Liao suffered multiple facial lacerations, tooth dislocations, and a jaw joint injury. He was hospitalized for 28 days and incurred medical expenses of CNY 21,088.99, of which Mr. Yang had already paid CNY 11,088.99. The traffic police determined that Mr. Yang was fully responsible for the accident. Mr. Liao had been working as a salesperson at a local door store since 2009, earning a monthly average of CNY 2,900, and lived in a rented urban apartment.
At trial, the court reviewed several pieces of evidence. The traffic police report confirmed Mr. Yang’s liability. Medical records documented the injuries and treatment. A court-commissioned forensic appraisal classified Mr. Liao’s condition as a Class 10 disability (mild limited mouth opening), estimated future dental treatment costs at CNY 9,000, and assigned a rest period of 90 days, a nutrition period of 30 days, and a care period of 15 days. A vehicle damage assessment by a qualified firm valued the motorcycle loss at CNY 1,156. Mr. Liao’s employer confirmed his employment, income, and work history. Mr. Yang did not appear at the hearing, but the insurance company attended and argued against certain claims.
The court held that Mr. Yang’s negligent driving caused the accident and that he bore full liability. Because the vehicle was insured under a compulsory traffic insurance policy (CNY 122,000 limit) and a commercial third-party liability policy (CNY 200,000 with no deductible), the insurer was required to pay within those limits. The court accepted Mr. Liao’s evidence of urban employment and residence, applying urban income standards to calculate damages. It also rejected the insurer’s objection to the vehicle damage assessment as unsubstantiated, noting the insurer did not request a new evaluation. The court supported including the estimated future dental costs as a necessary expense for complete resolution.
Key legal points emerged from the judgment. Under the Road Traffic Safety Law and the Tort Liability Law, a driver who breaches traffic rules must compensate victims for medical costs, lost income, disability, and pain and suffering. The insurance company bears direct liability under the policy, subject to coverage limits. The court also clarified that future medical expenses, if reliably estimated by a forensic expert, can be awarded in the same action to avoid separate lawsuits. The evidentiary burden on property damage was satisfied by a formal appraisal, and the lack of a counter-challenge by the insurer sufficed to uphold the amount.
This case illustrates how courts in China allocate damages in motor vehicle accidents involving both fault and insurance coverage. Victims should document employment, residence, and all losses carefully. The judgment also shows that insurers may be required to pay future treatment costs and that defendants who fail to appear risk default rulings. The award included CNY 67,586.67 from the compulsory insurance and CNY 21,208.99 from the commercial policy, with Mr. Yang ordered to pay CNY 2,050 in appraisal and assessment fees. A net repayment of CNY 7,138.99 was directed to Mr. Yang for his prior medical payments.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.