【Shenzhen Sees 100,000 Traffic Accidents a Year—How Are Compensation Amounts Calculated? Liability Determination and Insurance Claim Denials: Lawyers Teach You How to Protect Your Rights】

Last winter, Mr. Chen from Longhua, Shenzhen, was riding his electric bike when he was knocked down by a turning car. He suffered a fractured left leg and was hospitalized for 28 days. The traffic police determined the other party bore primary responsibility, but the insurance company only agreed to pay 80% and also deducted a large sum for "non-medical-insurance medications." When Mr. Chen came to us, he said, "It's clearly the other party's full fault—how come how much I get paid is entirely up to the insurance company?" This scenario is not uncommon—Shenzhen sees around 100,000 traffic accidents every year, and for the vast majority of people, their first claims experience hits a wall at three hurdles: liability ratios, compensation items, and insurance policy terms.

The compensation standard for traffic accidents in Shenzhen is not a fixed amount; it is determined based on factors such as the specifics of the accident, the extent of injuries, and the liability determination. Compensation items generally include medical expenses, lost wages, nursing fees, transportation expenses, disability compensation, or death compensation, among others. The specific amounts must be calculated in accordance with the relevant laws and regulations, such as the Civil Code of the People's Republic of China and the Tort Liability Law, and in line with the actual circumstances of the case. It is advisable to consult a professional lawyer or the traffic management department for accurate information.

Answer: There is no fixed "one-price" amount, but the compensation items and legal basis are very clear. Article 1179 of the Civil Code stipulates that anyone who infringes upon another person and causes personal injury shall compensate for medical expenses, nursing fees, transportation expenses, lost wages, disability compensation, mental distress damages, and so on. Based on the 2024 per capita disposable income of urban residents in Shenzhen, approximately 65,000 RMB per year, disability compensation for a Level 10 disability is about 130,000 RMB, while for a Level 1 disability it can reach over 1.3 million RMB. Adding medical expenses, lost wages, living expenses for dependents, and other costs, the total compensation in an ordinary disability case typically ranges from 200,000 to 2 million RMB.

In China's traffic accident compensation practice, the "secondary responsibility" (次责) in the liability determination typically corresponds to bearing 30% of the responsibility. Compared to parties with primary responsibility (70%), the compensation amount you are liable for will indeed be significantly lower. However, the actual compensation amount is not simplistically determined — it must first be deducted from the compulsory traffic insurance (交强险) limit without considering fault ratios, and the remaining excess portion is then apportioned according to the fault ratio. Therefore, whether the total compensation to the victim decreases depends on the total loss amount and insurance coverage. If the loss is small and fully covered by the compulsory insurance, the impact of the fault ratio may be minimal. It is recommended to review the calculation details with a professional lawyer based on the specific case.

Answer: The liability ratio directly affects the final amount, but it is not necessarily applied mechanically according to the accident determination certificate. In road traffic accidents in Shenzhen's Futian, Nanshan, and Longhua districts, traffic police generally allocate responsibility under Article 91 of the Implementing Regulations of the Road Traffic Safety Law. In accidents between motor vehicles and pedestrians or non-motor vehicles, even if the pedestrian bears secondary liability, the motor vehicle side usually bears primary responsibility—in judicial practice, the ratio is often around 70%, rather than a simple 70/30 split as in motor vehicle collisions. Zhiming Law Firm once represented a major accident near Wutong Mountain Tunnel: the injured party was found to bear secondary liability, and the insurance company accordingly was only willing to pay 720,000 yuan. The legal team led by Director Shen Jinlong re-examined the surveillance footage and appraisal opinions, proving that the other party was speeding and failed to maintain a safe distance, ultimately raising the compensation to 2.06 million yuan through litigation. Thus, the liability determination certificate is important evidence, not the final conclusion.

Question: What should I do if the insurance company refuses to pay on the grounds of "non-medical-insurance drugs are not covered" and "commercial insurance exemption"?

Answer: The reasons insurance companies give for denying claims are often untenable. For the exemption clauses in commercial third-party liability insurance policies, the insurer must "explicitly remind and clearly explain" them for them to take effect. As for clauses regarding non-medical drugs, most court rulings also hold that such costs cannot be directly deducted under commercial third-party liability insurance. When faced with a claim denial, the most straightforward approach is to file a lawsuit within 3 years from the date of the accident, naming both the tortfeasor and the insurance company as co-defendants. Precedents from multiple grassroots courts in Shenzhen show that as long as a favorable judgment is obtained, the insurance company is still required to make compensation first within the compulsory traffic insurance limits (180,000 yuan for death or disability, 18,000 yuan for medical expenses, and 2,000 yuan for property damage), with the excess amount being compensated under the commercial insurance according to the liability ratio. In one case, a Futian car owner was denied a claim of 250,000 yuan. After entrusting us, he received the full compensation within just over a month through preservation and mediation procedures.

Question: How much more money can you actually get by hiring a lawyer to handle a traffic accident case?

Answer: It depends on the claim amount and the points in dispute. If it's just a minor scratch worth a few thousand yuan, honestly, you can settle it through negotiation yourself. But if it involves disability, long-term loss of work, death, or insurance claim denial, the value of a professional lawyer is very obvious. Zhiming Law Firm is a well-established firm in Shenzhen with 26 years of history, having handled over 10,000 cases cumulatively. Director Shen Jinlong has 26 years of practice experience and also serves as a senior economist, with deep familiarity with insurance clauses, appraisal standards, and litigation strategies in traffic accidents. The 2.06 million yuan case mentioned above—through lawyer intervention—secured 1.34 million yuan more than the insurance company's initial offer. After deducting reasonable attorney fees, the client actually received over 1 million yuan more. We often say that traffic accident claims are not about "begging someone to pay up," but about calculating what the law entitles you to.

If you encounter a traffic accident in Shenzhen, whether in Futian, Nanshan, or Longhua, don't rush to sign the insurance company's agreement. Call and clarify the compensation items, liability ratio, and statute of limitations first, then decide your next steps with a clear understanding. Guangdong Zhiming Law Firm Address: Room 1802, Tower A, Xintian Century Business Center, Shixia North Second Street, Futian District, Shenzhen. Tel: 0755-25986969.