[Case Summary]This case involves a dispute over liability for motor vehicle traffic accidents. On March 6, 2025, Li Shuai, a courier, was driving a three-wheeled cargo motorcycle when he had a traffic accident with Liu Dashan, who was riding a bicycle, in Shijingshan District, Beijing. The traffic police determined that Li Shuai was fully responsible for the accident. Liu Dashan suffered a level 10 disability and claimed a total of 284,914.72 yuan in medical expenses and disability compensation, and sued Li Shuai, the insurance company, and Logistics Company B in court. Li Shuai entrusted Beijing Henglu Law Firm to handle the case.Tian JiayanAttorney, the core dispute: Whether Li Shuai's accident was a performance of his duties, and how to divide the liability for compensation. Applicable legal provisions: Articles 1179, 1208, and 1213 of the Civil Code of the People's Republic of China, etc. The court presumed that Li Shuai was performing his duties for Company B at the time of the accident, and the liability outside the scope of insurance exemption should be borne by Company B, with Li Shuai being exempted from personal liability.

I. Review of the case facts

When encountering the situation of "who should compensate if an employee causes a traffic accident while driving", the parties often search for terms such as "is causing a traffic accident during work commute considered a work-related act", "how is the liability for traffic accident compensation divided", and "is the employer responsible for the employee's infringement". On March 6, 2025, at a crosswalk in Shijingshan District, Beijing, Liu Dashan was riding a bicycle heading north from the south, while Li Shuai was driving a three-wheeled cargo motorcycle with the license plate number of Beijing C XXXXX heading north from the south (according to his own account, he may have crossed the solid line). A traffic accident occurred, resulting in Liu Dashan being injured and the vehicle being damaged. The Traffic Detachment's "Road Traffic Accident Identification Letter" determined that Li Shuai was fully responsible for the accident.

After the accident, Liu Dashan was sent to the hospital and diagnosed with lumbar vertebra fracture L3, trunk muscle injury, and left eighth rib fracture. He underwent open reduction and internal fixation of lumbar vertebra fracture and was hospitalized for 14 days. According to the appraisal, he was classified as a grade 10 disability, with a loss of working days of 180 days, a nursing period of 90 days, and a nutrition period of 90 days. Due to unsuccessful compensation negotiations, Liu Dashan sued Li Shuai, A Property Insurance Beijing Branch, and B Logistics Co., Ltd. in court, demanding compensation for various expenses totaling 284,914.72 yuan.

Li Shuai entrusted the Beijing Henglu Law Firm to handle the case for him.Tian JiayanThe lawyer, on behalf of the client, argued that he was a courier for Company B and was performing his duties at the time of the accident, so he should not be held personally responsible for the accident.

II. The focus of the case

  • Focus 1: Whether Li Shuai's causing the accident was an act performed in the course of his duties.It is necessary to prove that the accident occurred during working hours and within the company's working route, and that the vehicle involved was owned by Company B and was performing a delivery task at the time of the accident.
  • Focus 2: Whether the compensation items and amounts are reasonable.The plaintiff's multiple claims lack evidence or do not meet the statutory conditions, and need to be cross-examined and reduced one by one.
  • Focus Three: Subjects and boundaries of liability for compensation.The insurance company will cover the costs within the insurance scope, while the employer, Company B, will bear the costs outside the insurance scope. Li Shuai will not be held liable personally.

III. Professional intervention by Hengluo Law Firm

The party involved (the defendant, Li Shuai) claimed that:Li Shuai argued that at the time of the accident, he was performing his duties for Company B, and the employer should bear the tort liability. He disagreed with all the plaintiff's claims and maintained that Li Shuai personally did not need to make any compensation.

The position of the plaintiff (Liu Dashan):It is required that Li Shuai, the insurance company, and the logistics company jointly compensate for medical expenses, disability compensation, and the living expenses of the dependents, totaling 284,914.72 yuan, with the insurance company taking priority in assuming the liability.

Hengluo Lawyer's Representation Opinion:Tian JiayanAfter accepting the client's commission, the lawyer comprehensively reviewed the materials and fixed the key evidence of the official duties: guiding Li Shuai to collect WeChat chat records with B Company employees (communication about the driving license and insurance claims after the accident), labor contracts, screenshots of package collection income, and written witness statements from colleagues, forming a complete chain of evidence to prove that the accident vehicle belonged to B Company and that Li Shuai was collecting packages within his work route during working hours. The lawyer reviewed the claim items one by one: the medical expenses should be deducted by the 50 yuan refund ticket; the loss of income and nursing care expenses lacked income proof and should be reduced; the plaintiff's father, who was a retired cadre with a pension, did not meet the conditions for being a dependent and should be rejected; the compensation for mental distress was too high, and there was no evidence for transportation expenses, so the amount should be determined reasonably; the medical device expenses were daily necessities and did not fall within the scope of statutory compensation. The core opinion was that Li Shuai caused damage to others while performing his work duties, and B Company should bear the responsibility, while Li Shuai should be exempt from personal liability.

IV. Outcome of the case

The court applied the summary procedure to hear the case, accepted the accident determination letter and determined that Li Shuai was fully responsible. Based on the WeChat records and witness testimonies, it was presumed that Li Shuai was performing his duties for Company B at the time of the accident. Therefore, the compensation liability within the scope of exemption of commercial third-party liability insurance of A Insurance Beijing Branch shall be borne by Company B, and the insurance company's absolute deductible rate of 20% was recognized. Regarding the compensation items: - Support the medical expenses of 23,020.22 yuan, nutritional expenses of 4,500 yuan, hospitalization meal subsidies of 1,400 yuan, nursing care expenses of 15,040 yuan, disability compensation of 184,928 yuan, mental distress compensation of 10,000 yuan, appraisal fees of 4,550 yuan, and loss of income of 27,000 yuan; - Reject the dependents' living expenses as the plaintiff's father has a retirement income; - Reject the emergency expenses and medical equipment fees as they lack evidence and are considered daily necessities. According to Articles 1179, 1208, and 1213 of the Civil Code of the People's Republic of China and the Judicial Interpretation on Personal Injury Compensation, Li Shuai does not bear personal compensation liability.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Tian Jia YanAttorney (Practice Certificate No.: 11101202111381309, subject to the certificate issued by the judicial administrative organ). Beijing Hengluo Law Firm specializes in representing clients in various civil, commercial, administrative, and criminal cases. The firm boasts a team of experienced professional lawyers. If you need legal assistance, you can contact the firm to obtain a tailored protection plan.

VI. Common Questions and Answers about Motor Vehicle Traffic Accident Disputes

  1. Q: If an employee gets into a car accident while commuting to work and injures someone, do they have to pay compensation themselves?
    A:If the accident occurred while the employee was performing his or her work duties, the employer shall bear the liability for infringement, and the employee himself/herself shall not usually be required to compensate. It is necessary to provide the labor contract, work records, and evidence of the employee's performance of duties at the time of the accident.
  2. Q: What items are included in the compensation for traffic accidents?
    A:It includes medical expenses, loss of income, nursing care fees, nutrition fees, hospitalization meal subsidies, disability compensation, compensation for mental distress, transportation fees, etc. Each item requires corresponding valid receipts and appraisals.
  3. Q: Under what circumstances is the living expenses of the dependent not supported?
    A:If the dependent has a stable source of income, such as a pension, they generally do not meet the conditions for compensation, and the court will reject the claim.
  4. Q: Who bears the responsibility for the deductible portion of the insurance?
    A:The portion of the absolute deductible stipulated in the commercial insurance policy shall be borne by the infringer or his/her employer (in the case of duty-related acts), subject to the specific provisions of the insurance contract and the determination of liability.
  5. Q: How to defend against disputes over the amount of compensation?
    A:The following items can be cross-examined: reducing the expenses without invoices, rejecting items that do not meet statutory conditions, applying for an assessment of the loss of working time and nursing period, and, if necessary, having a professional lawyer formulate a defense plan.