The Supreme People's Court issued a typical case of road traffic accident damage compensation.

2026-05-07 16:15:24

In order to facilitate a more intuitive and vivid understanding of the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases (II), the Supreme People's Court issued six typical cases of road traffic damage compensation.

On the morning of May 6

, 2026, the Supreme People's Court held a press conference to issue the Interpretation of the Supreme People's Court on Several Questions Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases (II) and related typical cases, and to answer questions from reporters. Chen Yifang, member of the Judicial Committee of the Supreme People's Court and President of the First People's Court, Du Jun, Vice President of the First People's Court of the Supreme People's Court, and Gao Yanzhu, Senior Judge of the First People's Court of the Supreme People's Court, attended the press conference, which was presided over by Ji Zhongbiao, Deputy Director of the Information Bureau of the Supreme People's Court. At the press conference, Chen Yifang, member of the Judicial Committee of the Supreme People's Court and President of the First People's Court, issued a typical case of road traffic accident damage compensation.

In order to facilitate a more intuitive and vivid understanding of the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases (II), the Supreme People's Court issued six typical cases of road traffic damage compensation. In Case 1, the owner of the motor vehicle, knowing that the other party was drinking, still handed over the motor vehicle to him for driving. For the damage caused by the traffic accident, the people's court ordered the owner of the motor vehicle to share the liability for compensation with the user of the motor vehicle within the scope of the fault. In case 2, the driver of the motor vehicle did not fulfill the obligation of reminding after parking, and the passenger opened the door without observing, causing damage to others. The people's court determined that the damage caused by the passenger opening the door belonged to the motor vehicle party, and ordered the insurance company to compensate within the insurance liability limit, and the loss beyond the insurance scope was borne by the passenger and the driver. In case 3, the driver had a traffic accident while carrying others free of charge, causing damage to the passengers. The people's court, based on the causes of the accident and the relevant facts, determined that the motor vehicle driver did not constitute intentional or gross negligence, and mitigated his liability for compensation according to law. In case 4, the people's court applied the regulations on compulsory traffic insurance in accordance with the law and ordered the compulsory traffic insurance to pay compensation for the injury caused by the motor vehicle in the process of reversing inside the closed construction site. In case 5, the people's court merged the road traffic dispute lawsuit brought by the victim with the claim for recovery brought by the road rescue fund management organization according to law, which improved the efficiency of dispute resolution and helped the management organization to exercise the right of recovery conveniently. In case 6, when the parties bring a non-motor vehicle traffic accident liability dispute lawsuit, the non-motor vehicle driver and the commercial insurance insurer are listed as defendants at the same time, and the people's court jointly hears the case according to law to resolve the dispute at one time and reduce the burden of the parties.

Case 4

When a motor vehicle with special engineering operation passes through a place other than road, the compulsory traffic insurance should be compensated for the accident-Cai Mou-mou and Cheng Mou-mou, an insurance company and other tort liability disputes

[basic case]

Cheng Mou-mou drives a concrete mixer. When reversing at the construction site, he accidentally rolled the construction worker Cai Mou-mou. After identification, Cai Mou-mou constitutes Grade 6 disability. The certification materials issued by the public security traffic control department state that the accident occurred inside the closed construction site, and the accident belongs to the safety accident of the construction site, not to the traffic accident. The concrete mixer was insured by an insurance company for compulsory traffic insurance, and the accident occurred during the insurance period. Cai Mou appealed to the court, requesting that Cheng Mou and an insurance company be ordered to compensate for medical expenses, disability compensation and other losses. An insurance company argued that the accident was not a traffic accident, so the compulsory traffic insurance should not be paid.

[Judgment Result]

The trial court held that, according to Article 119 of the Road Traffic Safety Law, a traffic accident refers to a personal injury, death or property loss caused by a vehicle's fault or accident on the road. According to Article 43 of the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents (hereinafter referred to as the Regulations on Compulsory Traffic Insurance), the Regulations shall apply mutatis mutandis to compensation for personal injury, death and property loss caused by accidents when motor vehicles pass through places other than roads. Although the accident in this case occurred in the construction area outside the road, it occurred when the special operation motor vehicle passed through the area, and the regulations on compulsory traffic insurance should be applied mutatis mutandis. For the reasonable loss of Cai Mou-mou, an insurance company should pay compensation within the liability limit of compulsory traffic insurance. Final judgment: An insurance company compensated Cai for more than 180,000 yuan within the liability limit of compulsory traffic insurance.

[Typical significance]

As a statutory compulsory insurance, compulsory traffic insurance aims to disperse the risk of motor vehicle operation and relieve the victims in time. The judgment of this case made it clear that the accident occurred when the special operation motor vehicle passed through the place other than road, although it was not a traffic accident, the compulsory traffic insurance should also be compensated according to law, which fully embodied the important role of the compulsory traffic insurance in dispersing risks and relieving damages, and effectively guaranteed that the loss of the victim was fully compensated in time.

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