[Case Summary]This case involves a dispute over liability for a motor vehicle traffic accident. On December 12, 2020, Cai * drove a company's minibus and collided with Wang *'s electric bicycle on the auxiliary road of West Third Ring Road, resulting in Wang *'s injury. The traffic management department determined that Cai * was fully responsible for the accident. Wang * entrusted Beijing Henglu Law Firm to handle the case.Wang Xinrui、Chen PingThe lawyer defended the rights and interests of the client by listing Cai * and his unit, as well as the two insurance companies as defendants, claiming compensation for medical expenses and applying for appraisals of disability and other matters. The court supported most of our claims, ruling that the two insurance companies should compensate 61,811 yuan and 55,458.44 yuan respectively within the limits of compulsory insurance and commercial third-party liability insurance. The core disputes include the evidence of loss of income, the reasonableness of various expenses, and the scope of insurance compensation. The applicable legal provisions include the Tort Liability Chapter of the Civil Code and judicial interpretations related to traffic safety.

I. Review of the Case Facts

After a traffic accident, the most pressing concerns of victims include: "Can I get compensation for loss of income without evidence?" "How will the insurance company compensate if the electric vehicle is hit and the at-fault party is fully liable?" and "How to apply for a disability assessment?" On December 12, 2020, at the west side of Suzhou Bridge on the auxiliary road of West Third Ring Road in Haidian District, Beijing, Wang * was riding an electric bicycle heading west, while Cai * was driving a car with the license plate number of Beijing BS XXX, owned by XX Company and insured by 01 Insurance Company for compulsory insurance and by 02 Insurance Company for a 200,000 yuan non-deductible commercial third-party liability insurance, heading south. The two vehicles collided, resulting in Wang *'s injury, vehicle damage, and damage to his clothing and mobile phone.

After the accident, Wang was sent to the hospital and transferred to another hospital on December 14, 2020, where he stayed for three days. The discharge diagnosis included a fracture of the right tibia, a left parietal lobe hemorrhage, and a left parietal scalp hematoma. The traffic management department determined that Cai was fully responsible for the accident. Subsequently, Wang entrusted Beijing Henglu Law Firm to protect his rights, and the firm assigned an attorney with extensive experience in traffic accident cases to handle the case.Wang Xinrui、Chen PingThe lawyer meets with the client.

II. The focus of the case

  • Focus 1: Is the evidence of lost work time sufficient?Both insurance companies believe that there is insufficient evidence for the loss of income, which is the point of contention.
  • Focus 2: Are the hospitalization meal fees, nutrition fees, nursing fees, and property loss fees too high?02 The insurance company raised objections to a number of expenses.
  • Focus Three: How will the liability for compensation be allocated among the infringer, the employing unit, and the two insurance companies?The litigation subject and the order of compensation need to be clearly defined.

III. The professional intervention of Hengluo Law Firm

The plaintiff (the injured party) alleges that:Cai * is fully responsible. His unit is the car owner, and the two insurance companies are the insurers. They should compensate for medical expenses, hospitalization subsistence allowances, nutrition fees, nursing fees, and loss of income. The subsequent expenses will be claimed separately.

The defense argued that:Cai * and XX Company have no objection to the accident and the insurance claim, and agree to compensate; 01 Insurance Company agrees to compensate but considers the evidence for loss of income insufficient, and refuses to compensate for appraisal fees and litigation fees; 02 Insurance Company also questions the loss of income and believes that the hospitalization meal fees, nutrition fees, nursing fees, and property loss fees are too high, and refuses to compensate for externally purchased medicines, appraisal fees, and litigation fees.

Legal opinion of Hengluo Law Firm:Wang Xinrui,Chen PingAfter accepting the case, the lawyer obtained a detailed understanding of the accident process, vehicle registration, liability determination, injury and hospitalization situation. Through the traffic police brigade, the lawyer confirmed that the litigation subject was qualified. The lawyer used medical invoices, medication lists, and diagnosis certificates to support the hospitalization expenses, and applied for disability ratings, loss of earnings, nutrition fees, and nursing period appraisals. The lawyer also retrieved labor contracts and salary records from the unit, and finally listed Cai * *, XX Company, and Insurance Companies 01 and 02 as defendants, and calculated all expenses reasonably.

IV. Outcome of the case

After the trial, the court supported most of our claims. For the hospitalization meal subsidy, it was determined in accordance with the meal subsidy for general staff on business trips in state organs; it considered the period of nutrition fee to be appropriate, the reasons for nursing fee to be justified, and the amount to be appropriate, and determined it comprehensively according to the circumstances. The judgment is as follows: First, the 01 Insurance Company shall compensate the plaintiff for medical expenses, hospitalization meal subsidy, and nutrition fee totaling 18,000 yuan within the limits of compulsory insurance; nursing fee, loss of income, transportation fee, and copying fee totaling 43,811 yuan; and property loss fee totaling 2,000 yuan, minus the 2,000 yuan already paid, for a total of 61,811 yuan; Second, the 02 Insurance Company shall compensate the plaintiff for medical expenses, hospitalization subsidy, nutrition fee, and property loss fee totaling 55,458.44 yuan within the limits of commercial third-party liability insurance.

5. Henglu Law Firm's Advice

After an accident occurs, it is essential to promptly report the accident to the police, determine responsibilities, preserve identity information, file an insurance claim, and keep medical receipts. This case is handled by Beijing Hengluo Law Firm.Wang XinruiAttorney (Practice Certificate No.: 11101202111290829, subject to the certificate issued by the judicial administrative organ);Chen PingThe attorney (practice license number: 11101201411619680, subject to the document issued by the judicial administrative organ) acts on behalf of the client and reminds the injured party to entrust a professional lawyer as soon as possible to calculate the compensation and apply for appraisal.

VI. Common Questions and Answers about Liability Disputes in Motor Vehicle Traffic Accidents

  1. Q: Can compensation be granted for loss of income due to traffic accidents if there is no tax payment certificate?
    A:Yes. You can provide supporting evidence such as labor contracts, bank payroll records, and certificates of loss of working time issued by the employer. If the evidence is insufficient, the court will determine the compensation based on industry standards and the severity of the injury.
  2. Q: If the other party is fully at fault, how will their insurance company compensate us?
    A:First, the insurance company that underwrites compulsory insurance shall pay compensation within the limit; for the insufficient part, the insurance company that underwrites commercial third-party liability insurance shall pay compensation according to the contract; and for the part that is still insufficient, the infringer shall bear the responsibility.
  3. Q: How are the disability grade and the nutrition period and care period determined?
    A:You can apply to the court for a judicial appraisal, and the qualified appraisal institutions will issue opinions based on the injury situation, which can be used as the basis for calculating compensation.
  4. Q: If an electric vehicle is hit and my phone and clothes are damaged, can I get compensation for them?
    A:Yes. Property losses (vehicles, clothing, mobile phones, etc.) are covered by compensation. With the purchase receipt or a claim for damage assessment, the court will provide support within the limit.
  5. Q: Can I claim the subsequent treatment fees all at once now?
    A:You can make a claim separately after the actual occurrence; if it can be determined that it will definitely happen, you can also request it in this case, subject to the specific circumstances of the evidence and the court's determination.