Photo: VCG

China' s Supreme People' s Court (SPC) on Wednesday issued a new judicial interpretation aimed at strengthening protections for victims of "dooring accidents," as they have become increasingly common in China, with questions over legal liability remaining unclear.

Chen Yifang, member of the Judicial Committee of the SPC, said at a news conference on Wednesday that accidents caused by drivers or passengers opening car doors into passing traffic occur with troubling frequency in China. Though often stemming from simple negligence, such incidents can result in severe injuries or deaths, according to a press released sent to the Global Times by the SPC.

Chen noted that courts across the country have differed on whether motor vehicle insurers should compensate victims when passengers, rather than drivers, are responsible for the damage. Some insurance companies, she said, have argued that passengers do not qualify as insured parties under automobile insurance contracts and therefore their liability should not be covered.

Under the newly issued interpretation, courts should support claims by victims seeking compensation from insurers in accidents caused by passengers opening car doors, recognizing such liability as falling within the responsibility of the vehicle side. Compensation should be paid within the limits of mandatory traffic accident insurance coverage and in accordance with the terms of commercial third-party liability policies.

The interpretation also states that if insurance payouts are insufficient to fully cover the damages, the passenger and driver must bear the remaining liability in accordance with the law.

In one case cited by the SPC at the Wednesday's conference, a driver surnamed Dong failed to warn a passenger before stopping the vehicle, while the passenger, surnamed Du, opened the car door without checking for oncoming traffic, colliding with a woman surnamed Pan who was riding an electric bicycle. 

The crash left Pan with multiple fractures and a Grade 10 disability, one of the lowest levels in China's disability classification system. She sought more than 420,000 yuan ($58,000) in compensation from the driver, the passenger and the insurance company.

The insurer argued that its commercial third-party liability coverage should apply only to the driver's 50 percent share of responsibility for the accident.

The court which handled the case rejected that argument, ruling that from the perspective of the injured cyclist, both the driver and passenger constituted part of the "motor vehicle side" and should be treated as a single liable party. The court ordered the insurer to compensate Pan within the limits of the mandatory traffic insurance and commercial third-party liability coverage, while any damages exceeding the insurance coverage would be borne by the driver and passenger.

After the insurer had already advanced more than 70,000 yuan, the court ultimately ordered it to pay an additional 320,000 yuan in compensation.

Global Times