Return Case ListInfringement Compensation

In a traffic accident liability dispute in Xiamen, the court ruled that the insurance company and the at-fault party shall compensate the victim for various losses totaling 128 ten thousand yuan.

Case Summary

On 2024/1/15, Defendant Wang, driving a small passenger car from west to east along Hubin South Road in Siming District, Xiamen City, collided with Plaintiff Lin's electric bicycle traveling in the same direction ahead near the Brain Computer Building. The collision caused injuries to Plaintiff Lin and damage to both vehicles. According to the accident determination by the Traffic Police Detachment of Siming District, Xiamen Public Security Bureau, Defendant Wang bears full responsibility for the accident, while Plaintiff Lin bears no responsibility. After the incident, Plaintiff Lin was hospitalized for treatment for 120 days, incurring medical expenses of 32 ten-thousand yuan. Forensic appraisal determined that Plaintiff Lin sustained Grade 1 disability requiring complete nursing care. The period of lost work was 365 days, the nutrition period was 180 days, and estimated future treatment costs are 10 ten-thousand yuan. Defendant Wang's vehicle was insured with compulsory traffic liability insurance and commercial third-party liability insurance (coverage limit: 200 ten-thousand yuan) at the time of the accident. Plaintiff Lin filed a lawsuit against Defendant Wang and the insurance company, seeking compensation for medical expenses, lost wages, nursing fees, transportation costs, accommodation, meal allowance during hospitalization, nutrition fees, disability compensation, mental distress damages, future treatment costs, property damage, and other losses totaling 128 ten-thousand yuan.

Key Dispute

1.Are the amounts claimed by the plaintiff as damages reasonable, and do they have factual and legal basis?
2.Should the defendant's insurance company bear liability for compensation within the limits of compulsory traffic accident liability insurance and commercial third-party liability insurance?
3.Should Defendant Wang bear liability for the shortfall?

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 the vehicle driven by defendant Wang 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 insurance limits.
4.Calculate the plaintiff's claimed losses: medical expenses 32 ten thousand yuan, lost wages 12 ten thousand yuan, nursing fees 36 ten thousand yuan, transportation costs 2 ten thousand yuan, accommodation fees 1 ten thousand yuan, hospital food allowance 1.2 ten thousand yuan, nutritional fees 1.8 ten thousand yuan, disability compensation 24 ten thousand yuan, mental distress damages 8 ten thousand yuan, future treatment costs 10 ten thousand yuan, and property damage 2 ten thousand yuan. Total: 128 ten thousand yuan. All claims are supported by facts and legal basis, and the amounts are reasonable.

Processing Result

The court ruled that the defendant insurance company shall compensate the plaintiff Lin for 20 ten thousand yuan within the compulsory traffic accident liability insurance limit and for 108 ten thousand yuan within the commercial third-party liability insurance limit, totaling 128 ten thousand yuan; the defendant Wang shall bear all litigation costs and judicial appraisal fees in this case.

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