After a car accident in Shenzhen, the insurance company only agreed to pay 70%? The injured party received 2.08 million in compensation—liability determination and compensation calculation explained clearly in one go.

上周有个福田的张先生找到我们，他在滨河大道被一辆变道的小货车剐蹭，肋骨断了三根，住院23天。交警判对方主责，他次责。结果保险公司打电话来说：”按责任比例，我们只赔你医疗费和误工费的70%。”张先生懵了——明明自己是受害者，凭什么自己要扛30%？
We encounter this kind of scenario almost every week. Shenzhen has about 100,000 traffic accidents per year on average, and the vast majority of people involved in their first car accident have no idea how compensation amounts are calculated or which items the insurance company should and should not pay for. Today, I'll break down the most common questions in detail and explain them clearly.

Q1: What exactly is the compensation standard for traffic accidents in Shenzhen? Is there a specific number?

There is no "unified price" for traffic accident compensation in Shenzhen. Compensation is calculated individually based on the specific circumstances of each case, including medical expenses, lost income, nursing fees, disability compensation (if a disability rating is established), mental distress damages, and other items. The amounts vary depending on factors such as the victim's age, income level, degree of injury, and the results of disability assessment. While Shenzhen follows relatively high urban income standards, the total amount still depends on actual losses and evidence. Claims that there is a flat, fixed rate are inaccurate.
答：没有”统一价”，但每一笔都有明确计算依据，核心依据是《民法典》第1179条和《最高人民法院关于审理人身损害赔偿案件适用法律若干问题的解释》。
Breaking it down: medical expenses are based on actual invoices, lost wages are calculated based on your average income over the past three years. Shenzhen's average annual salary for urban employees in the previous year is currently about 145,000 yuan, which translates to a daily rate of about 400 yuan. If your monthly salary is 20,000 yuan but you cannot provide tax records, insurance companies typically calculate based on this baseline only. Hospital meal allowance is 100 yuan per day, nutrition fees require a doctor's orders, and nursing care is based on the market rate for caregivers at about 200 yuan per day.
The disability compensation is the biggest chunk. In 2025, the per capita disposable income of urban residents in Shenzhen is about 78,000 yuan. For a Level 10 disability, it's 78,000 × 20 years × 10% = 156,000 yuan. For a Level 1 disability, it's directly multiplied by 100%, which comes to 1.56 million yuan. Add to that the dependent living expenses and mental distress compensation (typically 5,000 to 50,000 yuan in Shenzhen). So even with the same fracture, one person might get 80,000 yuan while another gets 300,000 yuan—the entire difference comes down to evidence and the disability assessment.

Q2: The other party is fully at fault, so why is the insurance company still giving me a hard time?

Question: The traffic police have already ruled the other party fully responsible, but the insurance company is still stalling, saying there's no rush. What should I do?
Answer: The traffic police's accident liability determination is only one piece of evidence; insurance companies have their own claims assessment system. If you take the determination to the insurance company, they'll likely tell you "we need to assess the damage" or "we need to re-inspect" — which is essentially their way of trying to lower the compensation base.

Last year, we handled a case in Longhua. Our client was rear-ended by a dump truck on Guan'guang Road. The traffic police ruled the other party fully at fault, but the insurance company would only pay 180,000 RMB based on a Level 10 disability rating. After taking over the case, we did two things: first, we reapplied for a judicial appraisal and upgraded the injury from Level 10 to Level 9; second, we obtained his bank statements and individual income tax records from the past two years, raising the lost income compensation from 400 RMB per day to 680 RMB per day based on his actual salary. The case was settled through mediation, with total compensation reaching 520,000 RMB—nearly triple the insurance company's initial offer.
The key here is one word: proof. The disability rating is not determined by the hospital—it's determined by a judicial appraisal institution. The appraisal agency designated by the insurance company often tends to lower the rating, but you have the right to commission an independent judicial appraisal institute yourself.

Q3: The insurance company says "medications outside medical insurance are not covered." Is this reasonable?

This argument has long ceased to hold water in Shenzhen. According to the Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance and the relevant replies from the Supreme People's Court, as long as the medication is medically necessary for treatment, insurance companies cannot refuse compensation on the grounds of "not being in the medical insurance catalog." In practice, many insurance companies use this to intimidate those who are unfamiliar with the rules, but once you stand your ground, they tend to back down.

But there is one situation where you truly won't get compensated—if you go to a private hospital for rehabilitation or buy imported nutritional supplements on your own, without a doctor's prescription or an invoice. Compensation only covers reasonable and necessary expenses, so don't expect to sneak in extra items. The court scrutinizes this area very strictly.

Q4: What if the other party flees, or the other party only has compulsory traffic insurance, and compensation cannot be obtained?

Q: The person who hit me fled, and I didn't even catch the license plate. Can I still get compensation?
Answer: Yes. Shenzhen has a social assistance fund for road traffic accidents, and medical expenses can be paid in advance. Additionally, if the other party only has compulsory traffic insurance, the coverage limit is 200,000 yuan, and any amount exceeding that would have to come out of their own pocket—many people have no assets under their name, making enforcement very difficult in such cases.

We've handled quite a few cases like this. The most typical one was in Nanshan: the client was hit by an unlicensed electric bike and suffered a level-nine disability. The other party was a delivery rider with no money or property in their name. Many people thought, "Forget it, even if you sue, there's nothing to collect." But we found that the platform company he worked for hadn't purchased employer liability insurance for him, which was a violation of employment regulations. In the end, we sued the platform and secured compensation. The total amount exceeded 400,000 yuan.
If you are involved in a car accident in Shenzhen and the injuries involve fractures or more severe conditions, it is recommended to consult a professional lawyer as soon as possible. Zhiming Law Firm has been practicing in Shenzhen for 26 years, and Director Shen Jinlong has personally handled traffic accident cases with claim amounts ranging from tens of thousands to millions of yuan. In an early major traffic accident case, we secured compensation of over 2 million yuan for our client. Not every case can result in such a high payout, but at least don't let yourself be intimidated at the very first step.

To be honest, when it comes to traffic accident compensation, 90% of losses come from not understanding the process—failing to get the disability assessment done, failing to keep the necessary pay stubs, or letting the statute of limitations for filing a lawsuit lapse. You must file a lawsuit within one year after the accident; once that time passes, even if you're in the right, it won't matter. If you're unsure about anything, come directly to Room 1802, Building A, Xintian Century Business Center, Shixia North Second Street, Futian District, or call us at 0755-25986969. Let's talk it through first before deciding on the next step.