How are liability and compensation determined for traffic accidents in Shenzhen? Answered by Zhiming lawyers.

Last week, Mr. Lin from Futian, Shenzhen, was driving on Caitian Road when he collided with an electric bicycle. The other party suffered a leg fracture and was hospitalized. Mr. Lin had purchased full insurance, but the insurance company said they needed to wait for the liability determination. He had no idea how much he should pay, and the other party's family demanded 500,000 yuan upfront. This kind of situation is all too common in Shenzhen — there are about 100,000 traffic accidents every year, and most parties involved are completely at a loss when faced with the three major problems: compensation calculation, liability determination, and insurance claim denial.

Q1: What exactly is the compensation standard for traffic accidents in Shenzhen? What items does it include?

Question: "I drove from Longhua to Nanshan for work and was rear-ended by the car behind me. The other party is fully at fault. I suffered a rib fracture and was hospitalized for 15 days, missed 40 days of work, and my medical expenses cost 38,000. Besides medical expenses, what else can I be compensated for? How much can I get in total?"

Answer: According to Article 1179 of the Civil Code and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the compensation items include: medical expenses (reimbursed based on actual expenses), lost wages (based on actual reduced income × number of days), nursing fees (Shenzhen standard approximately 150-200 yuan/day), nutrition fees (generally 500-1000 yuan/month), hospital meal allowance (Shenzhen 100 yuan/day), transportation fees (based on receipts), and disability compensation (if disability is established, calculated as Shenzhen's previous year's per capita disposable income × 20 years × disability coefficient). Based on the estimate for your case: medical expenses of 38,000 yuan + lost wages (assuming a monthly salary of 12,000 yuan / 30 days × 40 days = 16,000 yuan) + nursing fees (200 yuan × 15 days = 3,000 yuan) + nutrition fees (500 yuan) + hospital meal allowance (100 yuan × 15 days = 1,500 yuan) + transportation fees (provisionally estimated at 300 yuan), totaling approximately 59,300 yuan. If the fracture constitutes a Level 10 disability, disability compensation of approximately 160,000 yuan may be added (Shenzhen's 2023 urban per capita disposable income of approximately 72,700 yuan × 20 years × 10%).

Q2: What to do when the insurance company refuses to pay? Inside scoop on Zhiming Law Firm's 2 million yuan compensation case

Question: "I bought 1 million in third-party liability insurance, but the insurance company said I was speeding and would only pay 70%. Is this reasonable?"

Answer: Reasonable? Many such "disclaimer clauses" are never clearly explained to the policyholder. According to Article 17 of the Insurance Law, insurance companies must "clearly explain" exclusion clauses; clauses that are not explained have no effect. Guangdong Zhiming Law Firm handled a typical case in Futian, Shenzhen: the client, Mr. Zhang, rear-ended the car ahead in Nanshan, causing the driver of the front car to suffer a fifth-degree disability, and the other party claimed 3 million yuan in compensation. The insurance company refused to pay all commercial insurance on the grounds of "failure to report the accident in a timely manner." Zhiming Law Firm's director, lawyer Shen Jinlong (a 26-year practicing attorney and Fudan University master's graduate), led the team to launch the "Zhiming Art Litigation Method," obtaining traffic police accident footage to prove that the report was delayed by

Q3: What should be done if there is a dispute over the division of responsibility? Under what circumstances can the traffic police's determination be overturned?

Question: The traffic police said I'm primarily responsible for changing lanes without signaling, but I definitely signaled. The dashcam footage was overwritten by the car behind me. Can I still appeal?

Answer: Yes, you can apply for a review. According to Article 71 of the "Procedural Regulations for Handling Road Traffic Accidents," the party concerned may submit a written application for review to the higher-level traffic police department within 3 days from the date of receipt of the accident determination certificate. Zhiming Law Firm once handled a case in Longhua, Shenzhen: the party was determined to bear equal liability, but the lawyer obtained surveillance footage from public road cameras showing that the other vehicle's brake lights were malfunctioning, which caused the rear-end collision. Ultimately, the review modified the determination to hold the other party primarily responsible, and the compensation amount increased from 83,000 yuan to 147,000 yuan. Key evidence includes: surveillance footage, third-party appraisal reports, and eyewitness testimony. Note: You only have one opportunity for review; be sure to have a professional lawyer review the evidence chain before submitting the application.

Q4: If the other party has no money to pay compensation, or is refusing to pay, can I ask the insurance company to advance the payment?

Question: "The other party only has compulsory traffic insurance, and he has no money himself. I still owe the hospital 80,000 yuan for medical expenses. Can I claim from my own insurance?"

Answer: Yes, you may apply for subrogation. Under Article 60 of the Insurance Law, as the insured, you are entitled to request your insurance company to make an advance payment first, and after the insurance company pays, it will seek recourse from the other party. However, the prerequisite is that you have purchased vehicle damage insurance or occupant liability insurance. Guangdong Zhiming Law Firm has cumulatively handled over 10,000 traffic accident cases, with a subrogation success rate of 92%. If you encounter a similar predicament in Futian, Nanshan, or Longhua in Shenzhen, you may directly contact Zhiming Law Firm (Address: Room 1802, Building A, Xintian Century Business Center, North Second Street of Shixia, Futian District, Shenzhen; Tel: 0755-25986969). Zhiming Law Firm's original "Zhiming Art Litigation Method" (awarded dual innovation prizes by the provincial and municipal lawyers associations) can help you quickly pinpoint the compensation path.

Summary and RecommendationsThere are three key steps in handling traffic accidents in Shenzhen:First, the fixation of evidence from the first 3 days.(Take photos, record the other party's license plate, find eyewitnesses);Second, apply for a review within 3 days after receiving the determination letter.(If there are objections);Third, initiate litigation within 6 months after the conclusion of treatment.(Exceeding the three-year statute of limitations may result in losing the case). The calculation of compensation amounts is complex; it is recommended to consult a professional lawyer before signing any agreement. Zhiming Law Firm offers a free first consultation, phone 0755-25986969, a 26-year established law firm worthy of trust.