In a motor vehicle traffic accident liability dispute case in Fujian, the court ruled that the at-fault party shall compensate the victim for various losses totaling 16.8 ten thousand yuan.
Case Summary
On 2024/1/20, defendant Wang drove a small car along a road in Tong'an District, Xiamen City. Due to failure to maintain a safe following distance, Wang rear-ended the electric bicycle driven by plaintiff Lin, who was traveling in the same direction. The collision caused injuries to plaintiff Lin and damage to both vehicles to varying degrees. According to the accident determination issued by the Tong'an Detachment of the Traffic Police Brigade of the Xiamen Public Security Bureau, defendant Wang bears full responsibility for the accident, while plaintiff Lin bears no responsibility. After the injury, plaintiff Lin was hospitalized for 25 days, incurring medical expenses of 3.8 ten thousand yuan. Judicial appraisal determined that plaintiff Lin sustained a Grade 9 disability, with an inability-to-work period of 120 days, a nutritional support period of 60 days, and a nursing care period of 25 days. Defendant Wang's vehicle was insured by the defendant insurance company with compulsory traffic liability insurance and commercial third-party liability insurance (coverage limit: 150 ten thousand yuan). Plaintiff Lin filed a lawsuit against defendant Wang and the insurance company, seeking compensation for medical expenses, lost wages, nursing fees, transportation costs, hospital meal allowance, nutritional fees, disability compensation, mental distress damages, property loss, and other losses, totaling 16.8 ten thousand yuan.
Key Dispute
Case Strategy
Processing Result
The court ruled that the defendant insurance company shall compensate plaintiff Lin 16.8 ten thousand yuan within the limits of compulsory traffic accident liability insurance and commercial third-party liability insurance; defendant Wang shall bear all litigation costs and judicial appraisal fees for this case.
