Traffic Accident Victim Awarded CNY 102,940
The court ruled in favor of a plaintiff who suffered injuries and property damage after being rear-ended by a speeding driver in Eastern China City. The defendant driver was found fully at fault, and his compulsory auto insurance policy was ordered to cover the full amount of the plaintiff’s verified losses. The total compensation came to CNY 102,940.76, less an advance payment already made by the defendant driver. The case highlights the application of compulsory insurance limits and the court’s approach to calculating damages for personal injury and vehicle damage.
The accident occurred on June 13, 2011, when the defendant, Mr. Sun, drove an SUV into the back of the plaintiff, Mr. Chen’s, three-wheeled motorcycle on a main road in Eastern China City. Mr. Chen was seriously injured, suffering a comminuted fracture of the left shoulder blade and multiple soft-tissue contusions. He was hospitalized for 36 days and required several months of rest and follow-up care. The police determined that Mr. Sun bore full responsibility for the collision. Mr. Chen later filed a claim seeking compensation for medical costs, lost income, disability, vehicle repair, and other expenses, totaling CNY 103,440.76. His vehicle was insured under a compulsory traffic accident liability policy with Ping An Insurance Company, which he also named as a defendant.
At the hearing, Mr. Chen presented a full set of evidence, including the police accident report, hospital records, medical expense receipts, a forensic disability assessment showing a Level 10 permanent impairment, proof of vehicle repair and towing costs, and documents showing his long-term residence and employment in the town. The insurance company challenged several items: it asked to deduct non-covered medical expenses, disputed the length of the claimed recovery period, argued that nutritional costs lacked a medical recommendation, and questioned whether Mr. Chen’s disability affected his ability to support his dependents. Mr. Sun did not appear or submit any defense. The court examined all evidence and heard oral arguments from both present parties.
The court held that Mr. Sun had breached his duty of care by failing to keep a safe distance, directly causing the collision and the plaintiff’s injuries. Pursuant to the Traffic Safety Law and the Compulsory Insurance Regulations, the insurer was required to pay compensation within the policy limit of CNY 122,000. The court found that the total reasonable losses amounted to CNY 102,940.76, which fell within that limit. Therefore, the entire sum was to be paid by Ping An Insurance, subject to a deduction of the CNY 6,733.80 that Mr. Sun had already advanced to Mr. Chen on the insurer’s behalf.
The court applied established legal principles to each head of damage. Medical expenses were approved in full because the insurer did not prove any specific non-medical charges. Lost income and nursing costs were calculated using the local average daily wage of CNY 84, based on a 186-day recovery period and a 36-day nursing period. Disability compensation followed the urban resident income standard (CNY 27,359 per year) for a 10% impairment. The court also allowed support for Mr. Chen’s minor son and elderly parents, reduced by the number of other family members sharing the obligation. Mental distress damages of CNY 5,000 were justified given the severity of the accident and its lasting effects.
This case reinforces the principle that compulsory auto insurance covers the full scope of personal injury and property damage claims up to the legal limit, unless the insurer can prove specific exclusions. The court will reject unsupported challenges, such as blanket objections to medical expenses. Plaintiffs who have stable urban residence and employment can claim disability at the higher urban income rate. The outcome also shows that advance payments by the at-fault driver will be credited against the insurer’s liability, simplifying the final payout. For readers involved in similar disputes, thorough documentation of medical treatment, residence, and income is critical to obtaining full compensation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.