Traffic Accident Ruling Orders Insurance to Pay CNY 70,787
A court in Eastern China City has ruled on a motor vehicle accident dispute, ordering an insurance company to pay CNY 70,786.95 in compensation to a plaintiff who suffered a shoulder injury. The case involved a collision between a car and an electric bicycle, with both parties found equally at fault. The judgment also required the defendant driver to pay a portion of the remaining damages, after accounting for amounts already advanced.
On August 10, 2011, Mr. Sui was driving a car in Eastern China City when he struck Mr. Wu, who was crossing the roadway on an unpowered electric bicycle. Mr. Wu was injured and both vehicles were damaged. The traffic police determined that both the driver and the cyclist bore equal responsibility. Mr. Wu sustained a right shoulder joint injury that later resulted in a ten percent disability rating. He filed a claim seeking CNY 82,864, covering medical expenses, hospital stay, nursing care, lost income, disability compensation, vehicle repair, and emotional distress.
During the hearing, the court reviewed medical records, accident reports, and expert opinions. Mr. Wu’s initial disability assessment was challenged by the insurance company, leading to a second evaluation by a court-appointed expert. The new assessment confirmed a ten percent disability. Both sides agreed not to cross-examine the second report. The court also examined receipts for medical bills, repair costs, and property damage. Mr. Sui presented evidence showing he had already paid CNY 720 in medical fees and an additional CNY 8,000 to Mr. Wu.
The court found that Mr. Sui’s negligence contributed to the accident and that the insurance company, as the insurer of the vehicle, was liable under the compulsory traffic insurance policy. The court deducted PLN 1,600 for the plaintiff’s own fault, ruling that Mr. Sui must bear 60 percent of the remaining liability. Mr. Wu’s claim for lost income was rejected because he was a student. His claim for property damage was reduced to CNY 750 based on supporting receipts. Emotional distress damages were set at CNY 3,000.
The court applied relevant provisions of the Tort Liability Law and the Road Traffic Safety Law. Key points included the principle of comparative negligence, which reduced the driver’s liability due to the plaintiff’s equal fault. The insurance company’s obligation was limited to the policy cap, but the court confirmed that compensation for disability, nursing, and medical costs fell within that limit. The driver was required to pay the excess beyond insurance coverage, but because he had already paid more than his share, the court ordered Mr. Wu to refund the surplus.
This case illustrates how Chinese courts handle traffic accidents involving both motorists and non-motorists when both share fault. The ruling reinforces the role of compulsory insurance in covering immediate losses, while personal liability applies to any shortfall. For individuals involved in similar incidents, the result highlights the importance of preserving evidence of payments made and obtaining independent medical assessments. The decision also demonstrates that emotional distress damages may be awarded even when the injured party bears some responsibility.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.