Mr. Liu’s Representation Secured Justice for Traffic Accident Victim‌

Lawyer Liu represented the plaintiff in a motor vehicle traffic accident liability dispute against the defendant driver and their insurance company. The incident involved a collision between the defendant driver’s small passenger car and the plaintiff’s vehicle, resulting in substantial damages. Following an investigation by the traffic management department, it was conclusively determined that the defendant driver was solely responsible for the accident, with the plaintiff bearing no fault.

Despite multiple attempts by the plaintiff to have the defendant driver or their insurance company cover the vehicle repairs, no action was forthcoming. As a result, the plaintiff was compelled to have the repairs conducted at a car repair center, incurring costs that were later claimed in the lawsuit. When the plaintiff sought to recover these repair fees from the defendant driver, their efforts proved unsuccessful, leading to the initiation of legal proceedings.

In court, the plaintiff demanded that the defendant driver and the insurance company be held accountable for the repair costs. Additionally, the plaintiff requested that the litigation costs be borne by the defendant driver. The defendant driver partially acknowledged the accident but argued that, as their vehicle was covered by compulsory traffic insurance, the insurance company should handle the claims.

The insurance company, while not disputing the accident facts or liability determination, contested the plaintiff’s lawsuit due to the plaintiff’s decision to repair the vehicle without prior damage assessment by the insurance company. During the trial, it was established that the defendant driver had purchased compulsory motor vehicle traffic accident liability insurance from the insurance company, with the accident occurring within the valid insurance period.

To bolster their claim, the plaintiff presented evidence including the liability accident determination letter, repair fee invoice, repair details list, and other pertinent documents. The defendant driver, in response, submitted the insurance document as evidence. The court ruled in favor of the plaintiff, stating that when a motor vehicle causes property damage in a traffic accident, the insurance company must compensate within the limits of the motor vehicle compulsory insurance liability. Any excess amount would be the responsibility of the motor vehicle driver.

Given the defendant driver’s violation of relevant provisions of the Road Traffic Safety Law, which was deemed the sole cause of the accident, the court upheld the liability determination made by the transportation department. As the defendant driver had purchased compulsory traffic accident insurance, the court ordered the insurance company to compensate the plaintiff for a portion of the repair fees, with the remaining fees to be covered by the defendant driver.

The court rejected the defenses put forth by both the defendant driver and the insurance company. Ultimately, the court issued a judgment requiring the insurance company and the defendant driver to compensate the plaintiff for the total repair fees within seven days from the judgment’s effective date. Furthermore, the case acceptance fee was ordered to be borne by the defendant driver.