“Door-Strike” Injury — Insurance Must Cover the Passenger's Fault · 乘车人“开门杀”致人受伤·保险赔付案
Typical case released by the Supreme People's Court / 最高人民法院发布·道交纠纷典型案例 · 2026-05-06
A passenger opened a car door into a passing e-bike rider, injuring her. The insurer argued its commercial policy covered only the driver's share of fault. The court held that driver and passenger together form the “motor-vehicle side”, so the insurer must pay within both compulsory and commercial third-party limits — over ¥320,000 — with any excess borne jointly by passenger and driver.
The driver stopped the car without reminding the passenger to check outside; the passenger opened the door without looking and struck the e-bike rider. Traffic police found the driver and passenger equally responsible and the rider free of fault. The vehicle carried both compulsory and commercial third-party insurance.
The court found the driver and passenger jointly liable: their combined conduct caused the accident, and for the victim they are one motor-vehicle side. The insurer's defense that the passenger was not an insured party failed. This rule is now codified in Article 2 of the SPC's Interpretation II on road-traffic accident compensation, effective 30 June 2026.
乘车人下车开门时撞倒骑电动自行车经过的路人致其受伤。保险公司辩称商业三者险仅应赔付驾驶人的责任份额。法院认定驾驶人与乘车人对受害人而言同属“机动车一方”,保险公司应在交强险及商业三者险限额内赔付32万余元,超出部分由乘车人、驾驶人连带承担。
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CONTRACT
2026-06-24
Foreign Crew Wages Recovered — Ship Arrested and Released in 9 Days
外籍船东欠薪·扣船9天促成和解案
A Liberian ship-management company, owed US$656,400 in crew-management fees by a Marshall Islands shipowner, applied to a Chinese maritime court to arrest the ship when it called at Quanzhou port. The court arrested the 70,000-ton foreign vessel within 24 hours and brokered a US$762,800 settlement in just 9 days; the crew's pay was covered and the ship was released before a typhoon arrived.
Xiamen Maritime Court / 厦门海事法院
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CONTRACT
2026-06-24
Carrier May Not Invoke Foreign Sanctions to Refuse Cargo
承运人不得以外国制裁为由拒运案
A Hong Kong shipper booked electronics worth about ¥4.99 million from Shanghai to Panama. The Singapore carrier refused to issue the bill of lading, citing the shipper's inclusion on a foreign sanctions list, and later shipped the cargo back. Applying China's Anti-Foreign Sanctions Law, the court held this was a fundamental breach and awarded the shipper full damages plus interest.
Shanghai Maritime Court / 上海海事法院
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