Traffic accidents are among the most common legal incidents affecting foreigners in China. Understanding the liability framework, insurance coverage, and claims procedure under Chinese law is essential for protecting your legal rights and securing fair compensation. This guide provides a comprehensive overview of traffic accident claims in China under the Road Traffic Safety Law of the People's Republic of China.

Liability Framework Under Chinese Traffic Law

Traffic accident liability in China is governed by the Road Traffic Safety Law of the People's Republic of China, most recently amended in 2021, and the Civil Code of the People's Republic of China. Under Article 76 of the Road Traffic Safety Law, when a motor vehicle collides with a non-motorized vehicle or pedestrian, the motor vehicle driver is presumed liable unless the non-motorized vehicle driver or pedestrian is proved to be at fault. If the accident is entirely caused by the non-motorized vehicle driver or pedestrian, the motor vehicle driver's liability is reduced but not eliminated, with the driver bearing 10% to 30% of the liability depending on circumstances.

Insurance Coverage

Compulsory traffic accident liability insurance covers up to RMB 180,000 per accident for death or disability, RMB 18,000 for medical expenses, and RMB 2,000 for property damage. Commercial third-party liability insurance provides additional coverage above the compulsory limits. Foreign drivers should verify that their rental or personal vehicle has both compulsory and adequate commercial insurance. Traffic accident claims must generally be filed within three years. Minor accidents with no injuries can be settled through the quick processing procedure, where the police issue a liability determination and the parties submit it to their respective insurance companies.

Compensation Categories

Compensation for injuries includes medical treatment expenses, loss of income during recovery, nursing expenses, transportation costs, nutrition supplements, and disability compensation if permanent impairment results. Medical expenses cover all reasonable treatment costs. Loss of income is calculated at the victim's average daily wage for each day of missed work, supported by medical leave certificates. Disability compensation is calculated based on the level of disability determined by forensic medical evaluation. In cases of death, compensation includes funeral expenses, death compensation, living expenses for dependents, and mental distress damages typically ranging from RMB 50,000 to RMB 100,000.

Procedure for Foreign Nationals

Foreign nationals involved in traffic accidents in Anhui should ensure their own safety and call 120 for emergency medical services if needed, call 110 for police to attend the scene and issue an accident determination letter, exchange insurance information with the other driver, take photographs of the scene and vehicle positions, seek medical attention even if injuries seem minor, and contact their insurance company and a local lawyer. It is essential to obtain a copy of the police accident determination letter as it establishes liability for insurance purposes. Foreign nationals should not admit fault at the scene or sign any liability documents without legal counsel present.