was accidentally knocked down while crossing the road. When he got up, he found that except for some bruises on his arms, his body was fine. But after resting at home for a few days, our physical condition became worse and worse. When we went to the hospital for a checkup, we discovered that there was a fracture in the chest. At this time, can we still seek compensation from the driver who caused the accident? Can the other party refuse to pay medical bills on the grounds that it takes too long?
[Case Brief]
On March 6, 2021, at an intersection in Haidian District, Beijing, Li drove a small car with the license plate number Jing F from south to west, and Ning drove an ordinary two-wheeled motorcycle with the license plate number Jing B. Driving from north to south, a traffic accident occurred and two cars collided. Plaintiff Ning's vehicle fell to the ground, the contact parts of the vehicle were damaged, and his body was injured. According to the road traffic accident determination certificate, Li bears full responsibility and Ning bears no responsibility.
After the accident, Ning went to a hospital emergency center for treatment and was diagnosed with soft tissue injury in the waist. Ning was advised to stay at home for ten days. During the period of recuperation, Ning's injury became more serious and the pain was unbearable. After a review at the hospital, it was discovered that the 8th and 12th thoracic vertebrae had compression fractures and the sacral vertebrae had fractures. Ning contacted Li and asked Li to pay the medical expenses related to his fracture, but Li refused.
Ning had no choice but to find Beijing Changxin Law Firm for help. After learning about the relevant circumstances of the traffic accident, the lawyer accompanied Ning to a judicial appraisal institute in Beijing to conduct an injury assessment. After identification, Ning suffered compression fractures of her 18th and 12th vertebral body, as well as a fracture of her 3rd sacral vertebral body, constituting a grade 19 disability. She was assessed to have lost 150 days of work, 60 days of nursing, and 60 days of nutrition.
When communication with Li about compensation failed, the lawyer represented Ning and named Li and the Beijing Branch of China PICC Property and Casualty Co., Ltd. as defendants and filed a lawsuit with the People's Court of Dongcheng District, Beijing.
[Court Judgment]
The court determined that the North Branch of the People's Insurance Company of China should first compensate within the liability limit of the motor vehicle compulsory traffic insurance. The excess portion would be compensated according to the liability ratio (100%) within the limit of the commercial third-party insurance; there is still an insufficient amount. , the defendant Li will compensate according to the liability ratio (100%).
The judgment is as follows:
1. The defendant Beijing Branch of China People's Property Insurance Co., Ltd. shall compensate the plaintiff under the limit of compulsory traffic insurance within 15 days from the effective date of this judgment for medical expenses 5039.34 yuan, nutritional expenses 3600 yuan, and mental damage. Solatium is 15,000 yuan, disability compensation is 164,900 yuan ;
2. The defendant, Beijing Branch of China People’s Property Insurance Co., Ltd., within 15 days from the effective date of this judgment, under the limit of commercial third party insurance Compensate the plaintiff for lost work expenses of 15,000 yuan, nursing expenses of 12,000 yuan, transportation expenses of 500 yuan, and disability compensation of 112,836 yuan;
3. The defendant Li will compensate the plaintiff for appraisal fees of 4,350 yuan within 15 days from the effective date of this judgment.
As of press time, Ning finally received nearly 300,000 yuan in compensation.
[Expert Comment]
Dispute focus 1: Whether there is a causal relationship between the fracture injury that appeared ten days later and the traffic accident.
After the accident, the client went to Beijing Red Cross Emergency Rescue Center for medical treatment. He was diagnosed with soft tissue injury in the waist. Ten days later, the reexamination results showed a compression fracture of the thoracic vertebral body and a fracture of the sacral vertebral body. Can I request additional compensation from the defendant?
In some traffic accidents, some fracture injuries and fracture lines cannot be revealed immediately after the accident. It is necessary to conduct other examinations or wait 2-3 weeks before part of the bone at the fracture site is absorbed before the fracture line can be revealed. For example, the client in this case went to the hospital for review and radiographs within 10 days after the injury, and it was confirmed that he had a compression fracture of the thoracic vertebrae and a fracture of the sacral vertebrae. According to relevant legal provisions, the plaintiff discovered that the interval between the date of diagnosis of the fracture and the date of the traffic accident was short, the period of diagnosis of the injury was reasonable, and there was a causal relationship with the traffic accident, so he could request compensation from the defendant.
Dispute Point 2: If a traffic accident between motor vehicles causes personal casualties and property losses, the insurance company shall compensate within the liability limit of the motor vehicle compulsory traffic insurance.
If a party insures compulsory traffic insurance and commercial third party insurance at the same time, and the party sues both the infringer and the insurance company at the same time , , the insurance company underwriting the commercial third party insurance will compensate according to the insurance contract; if there is still a shortfall, the party at fault shall bear the compensation. responsibility.
In this case, with the help of a lawyer, Ning received full compensation for the medical expenses 5039.34, and also received relatively high compensation for nutrition expenses, mental damage consolation funds, disability compensation, lost work expenses, nursing expenses, and transportation expenses. , recovered the losses in time despite severe physical and mental injuries.
Finally, lawyer Chuang Xin would like to remind everyone that in some traffic accidents, the immediate injuries often only appear as skin trauma, which may not seem serious but are actually fractures. Therefore, after the accident, it is recommended that the parties involved cooperate with the comprehensive examination and treatment as soon as possible to avoid delays. illness.
[Legal Guidelines]
" Civil Code of the People's Republic of China " Article 1,208 If a motor vehicle is involved in a traffic accident and causes damage, it shall be liable for compensation in accordance with the relevant provisions of the road traffic safety law and this law.
The provisions of Article 76 of the " Road Traffic Safety Law of the People's Republic of China " If a motor vehicle is involved in a traffic accident that causes personal casualties or property losses, the insurance company shall cover the liability limits of the motor vehicle compulsory third party liability insurance Compensation shall be made within the specified period; for the deficient part, liability for compensation shall be borne in accordance with the following provisions:
(1) If a traffic accident occurs between motor vehicles, the party at fault shall bear the liability for compensation; if both parties are at fault, the liability shall be shared in proportion to their respective faults. .
(2) If a traffic accident occurs between a motor vehicle and a non-motor vehicle driver or pedestrian, and the non-motor vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear the liability for compensation; there is evidence to prove that the non-motor vehicle driver or pedestrian is at fault. If the driver is at fault, the liability of the motor vehicle party shall be appropriately reduced according to the degree of fault; if the motor vehicle party is not at fault, the liability for compensation shall not exceed 10%.
Traffic accident losses are caused by non-motor vehicle drivers and pedestrians intentionally colliding with motor vehicles, and the motor vehicle party is not liable for compensation.
