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In November 2023, on Guanlan Avenue in Longhua District, Shenzhen, 43-year-old Zhang Wei (pseudonym) was riding an electric bike to make deliveries when he was dragged under a heavy truck making a right turn. After police arrived at the scene, they initially ruled that Zhang Wei bore secondary responsibility, citing "the electric bike failed to travel in the designated lane." Zhang Wei suffered a comminuted fracture of his left leg, was hospitalized for 83 days, and incurred medical expenses of 176,000 yuan. The truck driver only paid 30,000 yuan upfront and then disappeared. The insurance company refused to pay, citing the "third-party liability insurance disclaimer clause."

Zhang Wei's wife, Ms. Li, spent a month going back and forth between the traffic police and the insurance company, yet the accident determination letter she obtained still stated "both parties bear equal responsibility." When she came to Guangdong Zhiming Law Firm, she brought three questions: How exactly is responsibility determined? How is the compensation amount calculated? On what basis does the insurance company refuse to pay?

**Q: Is the determination of responsibility for traffic accidents in Shenzhen solely up to the traffic police?**

Answer: The accident determination document issued by the traffic police is important evidence, but it is not a final conclusion. According to Article 73 of the Road Traffic Safety Law, the accident determination document is a type of evidence, and the court may re-examine it in civil litigation. If you are dissatisfied with the determination result, you may apply for review to the traffic management department at the next higher level within 3 days of receiving the determination document. More critically, even if the determination document takes effect, the division of civil compensation liability is not entirely equivalent to the division of administrative liability - the court will independently judge based on factors such as the degree of fault of both parties, vehicle type, and right-of-way relationship.

The core controversy in the Zhang Wei case lies in the determination of "shared responsibility." The truck failed to yield to a straight-moving non-motorized vehicle while turning right, and the section of road where the incident occurred had clear truck prohibition signs. The traffic accident team at Zhiming Law Firm retrieved intersection surveillance footage showing that the truck was traveling at 32 km/h when turning, clearly exceeding the 20 km/h speed limit at that intersection. Meanwhile, although Zhang Wei did not use the non-motorized vehicle lane, that lane was completely blocked by illegally parked vehicles, constituting an objective obstruction.

The lawyer submitted a written review application to the Longhua Traffic Police Brigade, attaching 14 pieces of evidence including surveillance screenshots, a speed assessment report, and photos of illegal parking at the scene. The review result was: Zhang Wei was changed to not at fault, and the truck driver bore full responsibility. This reversal directly affected the total compensation amount—if the "equal liability" ruling had been maintained, the compensation amount would have shrunk by more than 50%.

**Question: What are the traffic accident compensation standards in Shenzhen? What specific items do they include?**

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 scope of compensation includes medical expenses, nursing fees, transportation expenses, lost work income, disability compensation, mental distress compensation, etc. Based on the per capita disposable income of urban residents in Shenzhen in 2023, the disability compensation for a Class 10 disability is approximately 146,000 yuan, while that for a Class 1 disability is as high as 1.46 million yuan. Adding medical expenses, lost work income, living expenses of dependents, etc., the overall compensation ranges from tens of thousands to millions of yuan.

Zhang Wei's injury has been assessed by judicial expertise as constituting a Level 7 disability. For the disability compensation, calculated based on Shenzhen's 2023 standard of 79,800 yuan/year, with a compensation coefficient of 40% for Level 7 disability and a compensation period of 20 years: 79,800 yuan × 40% × 20 years = 638,400 yuan. Adding subsequent rehabilitation treatment costs of 80,000 yuan, lost work compensation (calculated at a daily income of 436 yuan, for 83 days of hospitalization plus 180 days of full rest after discharge, totaling 114,000 yuan), nursing fees (83 days of hospitalization × 150 yuan/day = 12,500 yuan), nutrition fees, and mental distress damages (typically supported at 50,000 yuan for Level 7 disability), the total amounts to approximately 1.05 million yuan.

But Zhang Wei was the sole breadwinner of the family, with

In April 2024, the case was heard at the Futian District People's Court. The disputed issues centered on three points: first, whether the truck's affiliated company should bear joint liability; second, whether the insurance company could refuse to pay commercial insurance on the grounds that the accident-causing truck violated traffic restriction regulations; and third, whether the calculation standard for the living expenses of dependents was consistent with the actual conditions in Shenzhen.

Question: What should I do if the insurance company refuses to compensate? Can I get the money by filing a lawsuit?

Answer: The reasons insurance companies refuse to pay change every day, but the legal boundaries are clear. Under Article 1213 of the Civil Code, if a motor vehicle traffic accident causes damage and the motor vehicle is at fault, the insurer of compulsory traffic accident liability insurance shall first compensate within the policy limit; any shortfall shall be compensated by the insurer of commercial third-party liability insurance; if there is still a deficiency, the tortfeasor shall compensate. An insurance company cannot use "the at-fault driver's violation of administrative regulations" as a universal shield for exemption from commercial insurance liability—unless such an exclusion clause was expressly brought to the insured's attention and explained at the time of policy issuance.

During the court hearing, the insurance company's agent cited the contract clause stating that "accidents caused by violation of traffic administration regulations are exempt from liability." A lawyer from Zhiming Law Firm presented the original insurance application form in court, pointing out that the signature in the applicant's signature column was merely a printed signature, not personally handwritten by the policyholder, thus failing to meet the requirement of the "duty of clear explanation" under Article 17 of the Insurance Law. Meanwhile, the truck affiliation company appeared in court to confirm that the actual policyholder was the affiliation company, not the driver himself, and the "policyholder's declaration" section on the policy had no checkmarks or signatures.

The court accepted the agency's opinion and determined that the insurance company's exemption clauses were ineffective. The final judgment: the insurance company paid 198,000 yuan within the compulsory traffic insurance limit (including 18,000 yuan for medical expense compensation limit + 180,000 yuan for death and disability compensation limit), paid 1 million yuan within the commercial third-party insurance limit, and the actual truck owner and the affiliated company jointly compensated the remaining 832,000 yuan, totaling 2.03 million yuan. Zhang Wei actually received 2.03 million yuan in compensation, more than double the insurance company's initial proposal of 1 million yuan.

This case spanned seven months, from the incident in November 2023 to full compensation in June 2024. In his review, Shen Jinlong, director of Zhiming Law Firm, pointed out that there are three key hurdles in traffic accident rights protection: the review of the accident determination letter, the disability level assessment, and contesting insurance exemption clauses. Each hurdle has clear legal tools available, and the key lies in whether the parties secure evidence immediately and engage professionals at the earliest opportunity.

If you are a vehicle owner or pedestrian in Shenzhen, be sure to remember three key numbers after a traffic accident: apply for review within 3 days, capture scene evidence within 24 hours, and disability assessment can be initiated 3 months after discharge from the hospital. Guangdong Zhiming Law Firm is located at Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Over the past 26 years, it has handled more than 10,000 traffic accident cases in total. If you encounter unclear liability determinations, insurance company claim denials, or disputes over compensation amounts, you can call 0755-25986969 directly, and the lawyer will tell you whether this path is viable or whether there is another shortcut.