Traffic Accident Victim Awarded CNY 5,569 in Eastern China City
In this case, an elderly pedestrian was injured when a car struck her as she was pushing a bicycle. The court ruled that the driver bore full liability and that the insurance company must pay compensation under the compulsory insurance policy. The total award covered medical expenses, hospital food, nursing care, transportation, and nutrition.
The accident occurred on October 13, 2011, in Eastern China City. The driver, Mr. Jin, was operating a small passenger car when he collided with the plaintiff, Ms. Liu, who was pushing her bicycle. The traffic police determined that Mr. Jin was entirely at fault. Ms. Liu was taken to a hospital in Eastern China City, where she stayed for eight days. She required secondary nursing care and a semi-liquid diet during her stay. Her total medical costs included 2,582.36 CNY for inpatient care, 430 CNY for emergency services, and 1,004.73 CNY for outpatient visits. She filed a lawsuit seeking 5,993.09 CNY in preliminary expenses, reserving the right to sue for future treatment. The defendants were Mr. Jin and the insurance company, China Ping An Property Insurance Co., Ltd. Liaoning Branch.
The court held a hearing on February 9, 2012. Evidence presented included the traffic accident report, hospital medical receipts, insurance policy documents, and statements from the parties. Mr. Jin admitted the facts of the accident and stated that his vehicle was insured with both compulsory third-party liability insurance and commercial third-party insurance with a limit of 100,000 CNY, including a no-deductible clause. The insurance company argued that litigation costs and copying fees were indirect losses and should not be covered. It also disputed the claim for lost income because Ms. Liu provided no proof of employment or previous wages. Additionally, it challenged some transportation receipts as inaccurate and opposed any nutrition award.
The court found that Mr. Jin had full responsibility for the accident. Under relevant law, a person who causes personal injury through fault must compensate for reasonable losses. Because the vehicle was covered by compulsory insurance, the insurer had to pay first within the policy limits. The court validated the medical expenses of 4,017.09 CNY (the sum of inpatient, emergency, and outpatient costs). It calculated hospital meal subsidies at 50 CNY per day for eight days, totaling 400 CNY. Nursing care was set at 69.03 CNY per day for eight days, based on the 2011 average wage for service workers in the province, totaling 552.24 CNY. The court awarded 200 CNY for transportation and 400 CNY for nutrition, both deemed reasonable given Ms. Liu’s condition. The claim for lost income was rejected due to insufficient evidence. The insurance company was ordered to pay these amounts from the compulsory insurance. Mr. Jin was ordered to bear half of the court filing fee of 100 CNY (reduced to 50 CNY).
The court’s reasoning relied on several legal provisions. Under the Tort Law, any person who infringes upon another’s right to health must bear civil liability. The Road Traffic Safety Law requires the insurer to compensate within the compulsory insurance limit. The Insurance Law allows the insurer to pay directly to the injured third party. The court emphasized that damages must be supported by evidence. It exercised discretion for transportation and nutrition because the amounts were modest and consistent with the nature of the injuries. The denial of lost income illustrates that plaintiffs must provide concrete proof, such as employment contracts or wage records, to obtain such awards.
This case illustrates how courts handle routine traffic accident claims involving elderly pedestrians. The driver’s full liability and valid insurance coverage simplified the outcome. Victims should keep meticulous records of all medical bills, transportation receipts, and documentation of lost income to maximize compensation. The court’s reliance on standard daily rates for hospital meals and nursing care sets a predictable benchmark. Future claimants can note that nutrition awards are possible even without separate prescriptions if the hospital records show a special diet. The right to seek additional compensation for later treatment was preserved.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.