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 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

1.Is the accident liability determination accurate?
2.Proportion of liability for compensation to be borne by the defendant, Lin
3.Should the defendant insurance company bear liability for compensation within the insurance policy limits?
4.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.Provide evidence that Defendant Lin was speeding and bears primary responsibility for the accident, while Plaintiff Chen bears secondary responsibility. Based on the apportionment of liability, Defendant Lin shall be liable for 80% of the damages.
3.Establish that Defendant Lin's vehicle was covered by compulsory traffic accident liability insurance and commercial third-party liability insurance with the Defendant Insurance Company, the accident occurred during the policy period, and the Insurance Company is liable to compensate within the coverage limits.
4.Calculate the plaintiff's claimed losses: medical expenses 5.6 ten thousand yuan, lost wages 3 ten thousand yuan, nursing fees 0.7 ten thousand yuan, transportation costs 0.35 ten thousand yuan, per diem for hospital meals 0.35 ten thousand yuan, nutritional fees 0.75 ten thousand yuan, disability compensation 12 ten thousand yuan, mental anguish damages 2.4 ten thousand yuan, and property damage 0.3 ten thousand yuan, totaling 25.45 ten thousand yuan. After deducting compulsory insurance compensation, Defendant Lin shall bear 22.6 ten thousand yuan (representing 80% of the total). The amount is reasonable.

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.

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