Return Case ListInfringement Compensation

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

1.Is the accident liability determination accurate?
2.Should the defendant insurance company bear liability for compensation within the insurance policy limits?
3.Are the claimed damages reasonable?

Case Strategy

1.Fixed core evidence including accident determination letters, medical records, medical expense invoices, discharge summaries, judicial appraisal opinions, proof of lost wages, nursing fee invoices, transportation expense invoices, and insurance policies.
2.Present evidence that Defendant Wang bears full responsibility for the accident and is liable to compensate the Plaintiff in full.
3.Prove that Defendant Wang's vehicle was covered by compulsory traffic accident liability insurance and commercial third-party liability insurance with the defendant insurance company, that the accident occurred during the policy period, and that the insurance company is liable for compensation within the policy limits.
4.Calculate the plaintiff's claimed losses: medical expenses 3.8 ten thousand yuan, lost wages 2.4 ten thousand yuan, nursing fees 0.5 ten thousand yuan, transportation costs 0.25 ten thousand yuan, inpatient meal allowance 0.25 ten thousand yuan, nutritional fees 0.6 ten thousand yuan, disability compensation 8.4 ten thousand yuan, mental distress damages 1.2 ten thousand yuan, and property damage 0.2 ten thousand yuan. Total: 17.6 ten thousand yuan. The plaintiff claims 16.8 ten thousand yuan, which is reasonable.

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.

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