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 22.6 ten thousand yuan.
Case Summary
On 2024-3-28, Defendant Lin drove a small car and sped along a road in Haicang District, Xiamen City, colliding with Plaintiff Chen riding an electric bicycle that was changing lanes. The collision caused injuries to Plaintiff Chen and damage to both vehicles to varying degrees. According to the determination by the Traffic Police Detachment of Haicang Branch, Xiamen Public Security Bureau, Defendant Lin bore primary responsibility for the accident, while Plaintiff Chen bore secondary responsibility. After being injured, Plaintiff Chen was hospitalized for treatment for 35 days, incurring medical expenses of 5.6 ten thousand yuan. A judicial appraisal determined that Plaintiff Chen sustained Grade 8 disability, with a work stoppage period of 150 days, a nutritional support period of 75 days, and a nursing care period of 35 days. Defendant Lin's vehicle was insured with compulsory traffic insurance and commercial third-party liability insurance (coverage limit: 200 ten thousand yuan). Plaintiff Chen filed a lawsuit against Defendant Lin and the insurance company, seeking compensation for medical expenses, lost wages, nursing fees, transportation costs, per diem allowance during hospitalization, nutritional fees, disability compensation, mental distress damages, property loss, and other losses totaling 22.6 ten thousand yuan.
Key Dispute
Case Strategy
Processing Result
The court ruled that the defendant insurance company shall compensate Plaintiff Chen 22.6 ten thousand yuan within the limits of compulsory traffic accident liability insurance and commercial third-party liability insurance; Defendant Lin shall bear all litigation costs and judicial appraisal fees for this case.
