Multi-Vehicle Collision: Pedestrian With Two Level-10 Disabilities Awarded 134,100 Yuan

A court in eastern China has ordered insurance companies to pay 134,100 yuan to a pedestrian injured in a multi-vehicle collision, after finding both vehicles jointly contributed to the accident.

On April 15, 2010, Mr. Jiang drove a small passenger vehicle that collided with a sedan driven by Mr. Shen and a pedestrian, Ms. Shan. Traffic police found Mr. Jiang fully at fault; Ms. Shan and Mr. Shen bore no responsibility.

Ms. Shan suffered comminuted fractures of the left tibia and fibula and left scapula. A forensic appraisal rated two separate level-ten disabilities. Her medical expenses totaled 38,262.42 yuan.

The court calculated damages at 167,064.44 yuan: 38,262.42 yuan medical expenses, 17,633.70 yuan lost wages for seven months, 5,038.20 yuan nursing for two months, 525 yuan food allowance, 1,500 yuan nutrition for 30 days, 600 yuan transportation, 74,330.40 yuan disability compensation at 12 percent for 20 years based on urban standards, 27,774.72 yuan dependents’ support, 1,200 yuan appraisal fees, and 200 yuan property damage.

Because Ms. Shan’s primary income came from non-agricultural work, the court applied urban standards for disability compensation despite her rural household registration.

The court ordered the at-fault vehicle’s insurer to pay 122,000 yuan under compulsory liability coverage, including 5,500 yuan for emotional distress. The no-fault vehicle’s insurer was ordered to pay 12,100 yuan under non-liability coverage limits, including 500 yuan for emotional distress. The driver Mr. Jiang paid the remaining 38,964.44 yuan, which was offset against 40,870.32 yuan he had already advanced.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.