[Direct answer]When riding an electric bicycle and injuring others, the compensation items shall be determined in accordance with Article 1179 of the Civil Code of the People's Republic of China: reasonable expenses for treatment and rehabilitation, such as medical fees, nursing fees, transportation fees, nutrition fees, and hospitalization meal subsidies, as well as income lost due to work absence; if the victim is disabled, the compensation shall also include the cost of assistive devices and disability compensation; if the victim dies, the compensation shall also include funeral expenses and death compensation; if the consequences are serious or lead to disability, the victim may claim compensation for mental distress according to Article 1183; in addition, it also includes property losses such as the repair cost of the other party's electric bicycle. The compensation shall be shared in accordance with the liability ratio determined by the traffic police department in the "Road Traffic Accident Identification Letter". For more details, please refer to the following link:Legal services for personal injury and medical disputes.

I. Problem background and typical scenarios

The number of electric vehicles in use is huge, and accidents involving scrapes or collisions with pedestrians or other vehicles are frequent. After an accident occurs, the parties involved are most concerned about two things: how much compensation to pay and who should bear the responsibility. There are two special points that need special attention: first, a large number of electric vehicles on the market (with a maximum speed and vehicle weight exceeding national standards) may be identified as motor vehicles in accident handling, thereby changing the rules of liability allocation and compensation structure; second, electric vehicles usually do not have compulsory motor vehicle insurance or commercial third-party liability insurance, so the compensation ultimately falls on the riders themselves, leading to more intense disputes over the amount. If handled improperly, even minor accidents can drag on into major lawsuits: unclear settlement scope leaving lingering problems, verbal promises without proof, and missing evidence of lost wages and disability will turn reasonable compensation into a stalemate tug-of-war.

II. Key points of dispute

  • Vehicle attributes and liability ratios: Whether the electric vehicle exceeds the standard or is identified as a motor vehicle affects the allocation of liability. If you disagree with the "Road Traffic Accident Identification Letter", you can apply for a review in writing within three days from the date of its delivery.
  • Compensation items and calculation standards: The income proof of loss of working time, the duration and number of caregivers, and the timing and level of disability assessment directly determine the total amount of compensation; the disability compensation is calculated according to the per capita disposable income standard of urban residents in the jurisdiction of the court where the case is filed in the previous year.
  • The choice between settlement and litigation: Unclear scope of the private settlement agreement may lead to future disputes, while litigation requires considering the sufficiency of evidence and the other party's ability to fulfill their obligations.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers found that the main reasons for the significant differences in compensation outcomes in electric vehicle accident cases stem from three key stages. 1. **Liability Determination**: After an accident, it is crucial to immediately report to the police, preserve the scene, and promptly retrieve surrounding surveillance footage and vehicle black box recordings. Upon receiving the **Traffic Accident Determination Letter**, thoroughly review the facts and liability assessments. If you believe the division of responsibilities is inappropriate, you must apply for a review within three days. Otherwise, the determination will serve as the primary basis for determining liability. 2. **Injury Assessment and Appraisal**: After treatment concludes, promptly commission a qualified institution to conduct a disability appraisal. Disability grades from Level 1 to Level 10 correspond to different compensation coefficients. A one-grade difference in disability level results in a significant disparity in compensation amounts. Medical expenses must be supported by official receipts, while lost income compensation requires providing a labor contract, salary records, and a certificate of lost income. For those without fixed incomes, compensation can be calculated based on standards in similar industries. 3. **Claim and Enforcement**: During compensation negotiations, clearly list items and calculation bases. When signing a settlement agreement, specify the scope of one-time settlement. If the other party refuses to pay, file a lawsuit within the three-year statute of limitations. After winning the case, you can apply for forced execution if the other party fails to comply. Additionally, attention should be paid to criminal liability: If the accident results in one death and the rider is primarily or fully responsible, they may be suspected of traffic accident crimes. In such cases, it is essential to seek professional legal assistance as soon as possible to protect your rights.Criminal defense legal services.

IV. Practical suggestions and legal basis

At the legal basis level: Article 1165 of the Civil Code of the People's Republic of China establishes the principle of fault liability; Article 1179 lists the items of compensation for personal injury; Article 1183 stipulates that if the infringement of a natural person's personal rights and interests causes serious mental damage, the infringed person has the right to request compensation for mental damage; Article 76 of the Road Traffic Safety Law of the People's Republic of China distinguishes the different liability rules between motor vehicles, motor vehicles against non-motor vehicles and pedestrians; the Judicial Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (Amended in 2022) unifies the calculation of disability compensation and death compensation according to the standards for urban residents. At the practical advice level: Report to the police immediately, rescue the injured and take photos to fix the scene; choose a regular hospital for treatment and keep all bills and medical records; conduct a disability appraisal as soon as possible after the treatment ends; communicate with the other party as much as possible in writing and keep the records; if a settlement is reached, the terms of one-time settlement should be clearly written; if you are worried about loopholes in the agreement or excessive claims, you can ask a lawyer to review the content of the agreement; if the other party refuses to compensate after the judgment, you can combine with the court to enforce the judgment.Creditor-debtor relations and enforcement case servicesApply for enforcement.

5. Henglue Law Firm's Reminder

The core logic of electric vehicle accident compensation is "legal provisions, evidence-based decisions, and clear compensation ratios": compensate for what should be compensated, and reject what should not be compensated based on evidence. Cyclists should not settle the matter verbally just because the other party's injuries appear to be minor, nor should they hastily admit full responsibility before the identification document is issued; victims should avoid making unreasonable demands that lead to failed negotiations, and should not hastily sign agreements that are obviously unfair when there is insufficient evidence. For either party, preserving evidence, clarifying responsibilities, and calculating compensation items are key to keeping losses within a reasonable range. If you are currently facing similar disputes over accident compensation, you can seek assistance throughBeijing Henglue Law FirmSeek professional advice.

Q1: If the two parties have signed a compensation agreement in private, can they change their minds afterwards?

Generally, it is not allowed to change one's mind at will. The settlement agreement is binding on both parties, except in two cases: First, if there is a major misunderstanding, manifestly unfair terms, or fraud or coercion when signing the agreement, the injured party may request its revocation within the statutory time limit; Second, if the injury significantly worsens after signing the agreement and unforeseen damages occur, the injured party may claim reasonable additional expenses incurred as a result. Therefore, before signing the agreement, it is necessary to conduct necessary inspections and assessments of the possibility of disability, and to specify the compensation items, amounts, and the scope of "one-time settlement" in the agreement. This can not only prevent the other party from repeatedly making complaints, but also reserve legal adjustment space for oneself.

Q2: How are the victim's loss of income and nursing care costs calculated?

The loss of income shall be determined based on the victim's loss of working time and income status: for those with fixed income, it shall be calculated based on the actual reduction in income, and the victim shall provide a labor contract, salary records, and a certificate of loss of working time and salary deduction issued by the employer; for those without fixed income, it shall be calculated based on their average income over the past three years. If the victim cannot provide proof, the average wage of workers in the same or similar industries in the previous year may be used as a reference. The nursing fee shall be determined based on the income status of the caregivers, the number of caregivers, and the duration of care. For those who still need care after discharge, the determination shall be based on the appraisal opinion or the certificate issued by the medical institution. Both fees emphasize the need for evidence to support them. It will be difficult to obtain court support if the claimant demands high fees based solely on verbal claims.

Q3: The other party said it was fine at the time, but later claimed they needed further treatment. What should we do about the subsequent treatment costs?

For subsequent treatment costs, the principle is to claim based on the actual expenses incurred, supported by medical bills and medical records. For large and foreseeable expenses (such as the removal of internal fixation devices in a second surgery), these can also be claimed together with the appraisal opinion in litigation to avoid repeated lawsuits. If the other party explicitly stated during the initial settlement that no compensation was required and the matter was settled, it is necessary to retain relevant chat records, agreements, and other evidence to counter claims that are clearly beyond a reasonable scope. However, reasonable expenses for new damages caused by the accident and having a causal relationship should still be compensated. The dividing line lies in the causal relationship and foreseeability between the damages and the accident, rather than the statement "it's nothing serious" itself.

Q4: The other party's asking price is too high and obviously unreasonable. What should I do?

Break down the compensation into statutory items and verify each one individually: Each item should be supported by receipts, certificates, or appraisal opinions. "Nutrition fees" and "mental damage compensation" without basis can be directly rejected. If there are disputes over the disability rating, it shall be re-determined through judicial appraisal in the litigation; if there are disputes over the liability ratio, the compensation shall be shared in proportion according to the appraisal certificate and the review results. If the negotiation fails, the case shall be handed over to the court for handling. The court will only support items that are supported by evidence and comply with statutory standards. Unreasonable claims will not gain support just because of a strong attitude. When necessary, entrust a lawyer to issue a compensation list and legal opinion, which can often significantly reduce the number of unreasonable claims and promote the reaching of a reasonable solution.

Q5: If an electric vehicle is classified as a motor vehicle, what impact will this have on liability for compensation?

It affects the rules of responsibility allocation and compensation structure. For non-motor vehicles, the responsibility is generally borne according to their respective faults; for those identified as motor vehicles (with excessive standards in vehicle quality, speed, etc.), the rules for motor vehicle accidents will apply, and they will bear heavier responsibilities in accidents involving pedestrians on sidewalks and non-motor vehicles. It should also be noted that motor vehicles should be insured against traffic accident liability insurance according to law. If they are not insured, the insured obligation parties shall first compensate within the limits of traffic accident liability insurance, which will significantly increase the compensation pressure on cyclists. If there are objections to the conclusions of vehicle attribute identification in accident handling, objections should be raised in a timely manner and professional advice should be sought. The identification of vehicle attributes often directly changes the direction of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm