Return Case ListInfringement Compensation

In a motor vehicle liability dispute case in Xiamen, the court ruled that the at-fault party shall compensate the victim for various losses totaling 12.8 ten thousand yuan.

Case Summary

On 2024/4/18, defendant Chen drove a small sedan on a road in Jimei District, Xiamen City. At an intersection, Chen ran a red light and collided with plaintiff Wang, who was crossing the street at a crosswalk, causing injury to Wang. The Jimei Detachment of the Xiamen Public Security Bureau Traffic Police Corps determined that defendant Chen bore full responsibility for the accident, while plaintiff Wang bore no responsibility. Following the incident, Wang was hospitalized for 20 days, incurring medical expenses of 3.2 ten thousand yuan. A judicial appraisal concluded that Wang sustained a Grade 10 disability, with a work incapacity period of 90 days, a nutritional support period of 45 days, and a nursing care period of 20 days. Defendant Chen'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 Chen and the Insurance Company, seeking compensation totaling 12.8 ten thousand yuan for medical expenses, lost wages, nursing fees, transportation costs, hospital meal allowances, 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.Provide evidence that Defendant Chen ran a red light and was fully liable for the accident, and should bear full responsibility for compensating the Plaintiff's losses.
3.Prove that the vehicle driven by Defendant Chen was covered by compulsory traffic liability insurance and commercial third-party liability insurance with the Defendant Insurance Company, that the accident occurred within the policy period, and that the Insurance Company is liable to compensate within the insurance limits.
4.Calculate the plaintiff's claimed losses: medical expenses 3.2 ten thousand yuan, lost wages 1.8 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 0.45 ten thousand yuan, disability compensation 6 ten thousand yuan, and mental distress damages 0.8 ten thousand yuan. Total: 13.05 ten thousand yuan. The plaintiff's claim of 12.8 ten thousand yuan is reasonable.

Processing Result

The court ruled that the defendant insurance company shall compensate Plaintiff Wang 12.8 ten thousand yuan within the limits of compulsory traffic accident liability insurance and commercial third-party liability insurance; Defendant Chen shall bear all litigation costs and judicial appraisal fees for this case.

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