Zhang, Shanghai Branch of a Chinese insurance company, and Fei, a motor vehicle traffic accident liability dispute case

【Case Classification】: Disputes over Liability for Motor Vehicle Traffic Accidents

【Attorney】: Lawyer Liu Pei

Entrusted on: December 2017

Brief Introduction to the Case

At 20:50 on June 3, 2017, the defendant Fei, who was driving a small ordinary bus, collided with the plaintiff driving an electric bicycle at a certain intersection in this city, causing the plaintiff to be injured. The accident was determined by the public security department to be entirely responsible, and the plaintiff is not responsible. The compulsory traffic insurance and commercial third-party insurance of the vehicle involved in the accident are covered by an insurance company of the defendant.

Lawyer Analysis

According to legal provisions, if a motor vehicle that is insured for both compulsory third-party liability insurance and commercial third-party liability insurance causes damage in a traffic accident, and the parties sue both the infringer and the insurance company, the people's court shall determine the compensation liability in accordance with the following rules:

（1） The insurance company that underwrites compulsory traffic insurance shall first compensate within the liability limit;

（2） The insufficient part shall be compensated by the insurance company that underwrites commercial third-party insurance in accordance with the insurance contract;

（3） If there are still shortcomings, the infringer shall compensate in accordance with the relevant provisions of the Road Traffic Safety Law and the Tort Liability Law.

Therefore, in this case, the plaintiff's losses are first borne by the defendant's insurance company within the scope of compulsory traffic insurance and commercial third-party insurance; The remaining part shall be borne by the defendant Fei. The medical expenses and auxiliary equipment expenses requested by the plaintiff shall be recognized.

Judgment Result

After being represented by Lawyer Liu Pei, the court ultimately supported the plaintiff's application and ordered the defendant, a Chinese insurance company Shanghai branch, to compensate the plaintiff Zhang for medical expenses, auxiliary equipment expenses, work delay expenses, nutrition expenses, nursing expenses, vehicle loss expenses, transportation expenses, etc. within ten days from the effective date of this judgment, and to compensate the plaintiff for appraisal and legal fees.