Return Case ListInfringement Compensation

In a motor vehicle liability dispute case in Xiamen, the court ruled that the at-fault party shall compensate the victim for various losses totaling 18.6 ten thousand yuan.

Case Summary

On 2024/2/8, Defendant Chen drove a small sedan along a road in Tong'an District, Xiamen City. At an intersection, Chen failed to obey the traffic signal and collided with Plaintiff Wang's electric bicycle, causing injuries to Wang and damage to both vehicles. The Xiamen Public Security Bureau Traffic Police Detachment of Tong'an District determined that Defendant Chen bore primary responsibility for the accident, while Plaintiff Wang bore secondary responsibility. After the collision, Wang was hospitalized for 30 days, incurring medical expenses of {40,000 yuan}. A judicial appraisal concluded that Wang suffered a Grade 9 disability, with a lost work period of 120 days, a nutrition period of 60 days, and a nursing care period of 30 days. Chen's vehicle was insured only with compulsory traffic liability insurance and had no commercial third-party liability coverage. Consequently, Wang filed a lawsuit against Chen, seeking compensation totaling {80,000 yuan} for medical expenses, lost wages, nursing fees, transportation costs, hospital food allowance, nutrition fees, disability compensation, mental distress damages, and property loss.

Key Dispute

1.Is the accident liability determination accurate?
2.Proportion of liability for compensation to be borne by the defendant, Chen
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 Chen bears primary liability for the accident and Plaintiff Wang bears secondary liability. Based on the apportionment of fault, Defendant Chen shall bear 80% of the compensation liability.
3.The court finds that the vehicle driven by defendant Chen was insured only with compulsory traffic accident liability insurance (CTALI) and not with commercial third-party liability insurance. After the insurer fulfills its compensation obligation within the CTALI limits, the remaining unpaid portion shall be borne by defendant Chen at a ratio of 80%.
4.Calculate the plaintiff's claimed losses: medical expenses 4.6 yuan, lost wages 2.4 yuan, nursing fees 0.6 yuan, transportation costs 0.3 yuan, per diem for hospitalization 0.3 yuan, nutritional fees 0.6 yuan, disability compensation 9.6 yuan, mental distress damages 1.2 yuan, and property damage 0.3 yuan. Totaling 20.3 yuan, after deducting compulsory insurance payouts, defendant Chen bears 18.6 yuan at a 80% rate. The amount is reasonable.

Processing Result

The court ruled that the defendant insurance company shall compensate Plaintiff Wang 20 ten thousand yuan within the compulsory traffic accident liability insurance limit (including property damage of 2000 yuan); Defendant Chen shall, within ten days from the effective date of the judgment, compensate Plaintiff Wang for various losses totaling 18.6 ten thousand yuan; and Defendant Chen shall bear all litigation costs and judicial appraisal fees in this case.

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