Minor Child Injured in Auto Accident: Court Awards CNY 4,755 in Compulsory Insurance Claim
Minor Child Injured in Auto Accident: Court Awards CNY 4,755 in Compulsory Insurance Claim
Case Overview
A civil court in Eastern China ruled on a personal injury case involving a minor child struck by a motor vehicle. The court found the insurance company liable for payment under the compulsory auto insurance policy. The child, represented by a parent, sought compensation for medical expenses, transportation costs, lost wages for the child’s family, and nutritional support. The court awarded a total of CNY 4,755.50, rejecting claims for future medical costs and nutrition fees due to insufficient evidence.
Case Background and Facts
In February 2009, a child identified as Mr. Ying was crossing a village road in Eastern China when a small passenger car driven by Mr. Yao struck him. The local traffic police determined that Mr. Yao bore primary responsibility for the accident, while Mr. Ying bore secondary responsibility. The collision caused Mr. Ying to lose three front teeth. Despite treatment at multiple hospitals, including a specialized medical center in Shanghai, doctors determined the teeth could not be saved. Medical instructions advised that permanent crown restoration would be necessary once the child reached adulthood.
Court Proceedings and Evidence
Mr. Ying, through his legal guardian, filed a lawsuit in January 2011 against Mr. Yao, a second defendant named Mr. Yao, and the insurance company. The plaintiff requested that the insurance company pay CNY 13,988 under the compulsory insurance policy, covering medical expenses, transportation, lost wages for the family, and nutrition fees. The plaintiff also sought an additional 80 percent of medical costs from Mr. Yao, totaling CNY 21,018 after deducting a prior payment.
During trial, the plaintiff presented the traffic accident report, medical records, expense receipts, and transportation invoices. The defendants argued that some medical costs and transportation expenses were excessive and that lost wages should only compensate the injured person, not family members. The court accepted the accident report and medical receipts as credible. It found transportation costs of CNY 1,298 excessive and reduced the figure to CNY 1,000 based on the child’s treatment needs.
Court Findings and Judgment
The court held that under the Road Traffic Safety Law, the insurance company must first compensate victims within the compulsory insurance limits. The court identified the child’s compensable losses as CNY 2,898.20 in medical expenses, CNY 1,000 in transportation costs, and CNY 857.30 in lost wages for the family. The court rejected the claim for future dental restoration costs because the treatment had not yet occurred and the estimated costs were uncertain. The court also denied the nutrition fee claim due to insufficient supporting evidence. Because the insurance company’s payment covered all recognized losses, the court dismissed claims against Mr. Yao and the second defendant. The court ordered the insurance company to pay CNY 4,755.50 within ten days of the judgment becoming effective.
Key Legal Principles
The court applied the principle that compulsory auto insurance provides first-dollar coverage for personal injury claims, regardless of the insured driver’s fault. The court also confirmed that only actual, documented losses are compensable, not speculative future expenses. Lost wages for family members caring for an injured minor may be recoverable when reasonable and supported by evidence. The court emphasized that plaintiffs bear the burden of proof for all claimed damages, including nutrition fees.
Practical Insights
This case illustrates that personal injury claims for minors require careful documentation of all medical and related expenses. Courts will not award compensation for future medical costs unless the treatment is certain and the amount can be reasonably estimated. Transportation costs must be reasonable and directly related to treatment. Family members may recover lost wages for time spent caring for an injured child, but must provide clear evidence of the hours and wage rate. Insurance companies are the primary source of recovery in auto accident cases, and individual defendants may face no liability if the insurance payment covers all proven losses.
Legal References
General Principles of the Civil Law of the People’s Republic of China, Articles 106 and 119. Road Traffic Safety Law of the People’s Republic of China, Article 76. Civil Procedure Law of the People’s Republic of China, Article 64.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for specific legal matters.