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 9.6 ten thousand yuan.

Case Summary

On 2024/3/5, Defendant Lin drove a small car along a road in Siming District, Xiamen City. While crossing a pedestrian crosswalk, Lin failed to slow down or yield to pedestrians and collided with Plaintiff Wang, who was also crossing the crosswalk, causing injury to Wang. The Xiamen Public Security Bureau Traffic Police Detachment of Siming District determined that Defendant Lin bore full responsibility for the accident, while Plaintiff Wang bore no responsibility. After the accident, Wang was hospitalized for 20 days, incurring medical expenses of 2.8 ten thousand yuan. According to judicial appraisal, Wang's injuries constitute Grade 10 disability, with an work loss period of 60 days, nutritional support period of 30 days, and nursing care period of 20 days. Lin's vehicle was insured by Defendant Insurance Company under compulsory traffic insurance and commercial third-party liability insurance (coverage limit: 100 ten thousand yuan). Plaintiff Wang filed a lawsuit against Defendant Lin and the insurance company, seeking compensation totaling 9.6 ten thousand yuan for medical expenses, lost wages, nursing fees, transportation costs, meal allowance during hospitalization, nutritional fees, disability compensation, and mental distress damages.

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 the defendant, Lin, bears full responsibility for the accident and must compensate the plaintiff in full.
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 2.8 ten thousand yuan, lost wages 1.2 ten thousand yuan, nursing fees 0.4 ten thousand yuan, transportation costs 0.2 ten thousand yuan, hospital food allowance 0.2 ten thousand yuan, nutritional fees 0.3 ten thousand yuan, disability compensation 4.2 ten thousand yuan, and mental distress damages 0.6 ten thousand yuan. Total: 9.9 ten thousand yuan. The plaintiff's claim of 9.6 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant insurance company shall compensate the plaintiff, Mr. Wang, for 9.6 ten thousand yuan within the compulsory traffic accident liability insurance limit; and that the defendant Lin shall bear all litigation costs and judicial appraisal fees in this case.

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