The Supreme People’s Court Clarifies Compensation Rules for Traffic Accidents Involving Drunk Driving, “Dooring,” and Courtesy Rides

On May 6, the Supreme People's Court issued the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Damage Compensation Cases (II)" and related typical cases, further clarifying the allocation of liability and compensation methods in situations such as drunk driving, "dooring" accidents, and gratuitously carrying others. In "dooring" cases, the court clearly stated that passengers also fall within the scope of liability of the motor vehicle side; the victim may request that the insurance company provide compensation within the limits of compulsory motor vehicle liability insurance and commercial thirdparty liability insurance, with any excess to be borne by the passenger and the driver in accordance with the law. Typical cases cited in the text show that in an accident involving an electric bicycle and an opening car door, the court upheld the victim's compensation claim. Regarding "carpooling out of goodwill," the Supreme People's Court pointed out that when an accident occurs while someone is being carried gratuitously, whether the liability of the motor vehicle user should be reduced must be determined comprehensively in light of the traffic authority's determination, the cause of the accident, and the specific conduct involved, and no conclusion can be drawn simply on the basis of a finding of full liability or primary liability. For drunk driving, the court emphasized that commercial thirdparty liability insurance may be exempt from payment when statutory and contractual exemption conditions are met, but compulsory motor vehicle liability insurance is not automatically exempt and should still bear compensation within the liability limit.