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
Case Strategy
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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