The Supreme People's Court Issues Judicial Interpretation on Compensation for Road Traffic Accident Damages

The Supreme People’s Court issued the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases (II) on May 6, and it will come into force on June 30, 2026. The interpretation contains a total of 12 articles and makes clear provisions on matters such as responsible parties, determination of liability, compensation calculation, and litigation procedures, aiming to unify adjudication standards and safeguard the lawful rights and interests of traffic accident victims. In terms of allocation of liability, the judicial interpretation provides detailed rules for compensation liability in cases involving motor vehicle leasing, borrowing, and similar circumstances, making clear that the user bears primary responsibility; if the owner or manager is at fault, they shall jointly bear compensation liability within the scope of their fault. In response to the widely discussed “dooropening accident,” the interpretation makes clear that when a passenger opens a door and causes injury to another person, the victim may, in accordance with the law, require the insurance company to make compensation within the scope of compulsory motor vehicle liability insurance and commercial thirdparty liability insurance, and any shortfall shall then be borne by the relevant responsible parties. For the situation of “kindhearted carpooling,” the interpretation requires courts to comprehensively determine whether there is intent or gross negligence by taking into account the responsibility determination by the traffic management authorities, the cause of the accident, and the specific conduct of the parties, so as to avoid simply equating liability determination in traffic accidents with fault in civil compensation. At the same time, the interpretation also sets out provisions on issues such as lost wages for workers beyond retirement age, calculation of disability compensation, medical expenses,