Insurance Company Ordered to Pay CNY 68,045 in Car Accident Case
A motor vehicle accident dispute arose in Eastern China City when a plaintiff motorcyclist collided with a car, leading to personal injury and property damage. The plaintiff sued the driver, the vehicle owner, and the insurance company for compensation. The court ruled that the insurance company must pay within the compulsory insurance limit, while the driver was liable for half of the remaining losses. The owner was not held responsible, and the plaintiff had to reimburse the owner for vehicle damage.
The accident occurred on August 25, 2010, at 9:25 p.m. in Eastern China City. The plaintiff, Mr. Xu, was riding an unlisted motorcycle east-west when a car driven by Mr. Sun, traveling north-south, struck him. The police determined both parties were equally at fault. Mr. Xu suffered injuries requiring hospital stays in Eastern China City hospitals. A judicial appraisal in November 2011 found he needed four months of nursing, three months of nutritional support, eighteen months of work loss, and future surgery costing CNY 8,000. The car was registered to Eastern Lighting Mold Factory and insured with Central Insurance Company under a compulsory policy. Mr. Xu claimed total losses of CNY 109,767.30, asking the insurance company to pay CNY 73,794 within policy limits and Mr. Sun and the factory to pay the remaining 50 percent, or CNY 17,986.65, jointly.
During the hearing, Mr. Xu presented evidence including the police accident report, medical records, receipts for medical expenses and transportation, the judicial appraisal report, a damage assessment for his motorcycle, and a fee receipt for the appraisal. Central Insurance Company challenged some medical receipts from a hospital in another city because no corresponding outpatient records were provided, and the court excluded those receipts. The court also adjusted the transportation expense to CNY 700 based on the treatment locations and frequency. Mr. Sun submitted evidence of his advance payment of CNY 38,000 to Mr. Xu, which included medical costs, and a damage assessment for his own vehicle showing CNY 13,720 in losses. The court accepted all unchallenged evidence. Since Central Insurance Company disputed the work loss duration, the court ordered a second appraisal, which confirmed the original eighteen-month period.
The court found that Mr. Xu’s total compensable losses amounted to CNY 105,132.07. This included medical expenses of CNY 35,212.19, hospitalization food allowance of CNY 575 for 23 days, nutritional support of CNY 2,400, nursing care of CNY 6,600.88, work loss of CNY 50,544 for 18 months, future surgery cost of CNY 8,000, transportation of CNY 700, motorcycle damage of CNY 200, and appraisal fee of CNY 900. Under the compulsory insurance policy, Central Insurance Company was responsible