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Insurers liable for car door-related accidents

By CAO YIN | China Daily | Updated: 2026-05-07 09:38
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A new judicial interpretation allows individuals injured by suddenly opened car doors to seek compensation directly from a vehicle's insurance company, regardless of whether the fault lies with the driver or a passenger.

The rule, issued on Wednesday by the Supreme People's Court, China's top court, aims to provide victims with quicker relief and stronger protection, while helping judges resolve such disputes more efficiently.

"Accidents often occur when car doors are opened unexpectedly on roads, causing harm to others," said Chen Yifang, chief judge of the court's First Civil Division. "These incidents usually result from brief lapses in attention by the person opening the door, but the consequences can be severe."

Chen said there has been an ongoing debate over whether motor vehicle insurance should cover damages when a passenger opens a door and injures someone. Some insurers have refused compensation, arguing that passengers are not the insured parties specified in contracts.

To address the issue, the 12-article interpretation clarifies the rule. It also states that if insurance payouts are insufficient to cover damages, the remaining costs should be shared by the responsible passenger and the driver.

"This measure serves as a reminder for drivers and passengers to be more cautious when opening car doors, preventing minor lapses from leading to major accidents," Chen said.

The interpretation, which takes effect from June 30, also allows insurance companies to seek reimbursement from passengers who intentionally cause harm by opening car doors, a move intended to deter such actions and enhance road safety.

To help the public better understand the rule, Chen cited a landmark case and urged drivers, passengers and pedestrians to strengthen their awareness of safety and legal responsibilities.

In the case, a driver surnamed Dong parked his car without advising a passenger surnamed Du to check for oncoming traffic. As Du opened the door, it collided with a cyclist surnamed Pan, causing injury.

Traffic police determined that both Dong and Du were responsible, while Pan was not at fault. Pan filed a lawsuit seeking compensation from Dong, Du and the vehicle's insurance company, which argued it was not liable for Du's actions.

A local court ruled that Dong failed to exercise sufficient caution and that Du was negligent, with both contributing to the accident. It said that from Pan's perspective, the driver and passenger functioned as part of a single vehicle entity. The court ordered the insurer to first compensate Pan with 320,000 yuan ($46,933), with any excess to be borne by Dong and Du.

China has 469 million registered motor vehicles and 559 million licensed drivers, along with about 580 million bicycles and electric bikes.

"This has made travel more convenient and efficient, significantly expanding people's living space and improving their quality of life," Chen said, noting that road traffic accident cases are among the most common civil lawsuits in Chinese courts.

To improve case handling, Gao Yanzhu, a judge in the division, said courts have adopted remote and intelligent processing methods and enhanced public legal services.

"For example, some courts have strengthened data sharing with public security traffic management departments, appraisal agencies and insurance institutions, achieving integrated data management for mediation, appraisal, litigation and claims settlement," she said. "This allows all matters related to traffic accident disputes to be handled online, enabling individuals to resolve disputes without needing to appear in person."

Some courts have also formed specialized teams and created judicial document templates for cases involving clear or relatively simple disputes. "This approach ensures high-quality judgments and makes litigation more accessible to the public," Gao said.

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