Judgment standards in ‘obviously unfair’ cases

By Xia Ling, Boss & Young
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Hua was a victim of a traffic accident. She was knocked down by an electric bicycle while walking on the road. The driver did not help, and instead tried to escape. After passers-by raised the alarm, Hua was sent to the hospital for treatment.

The police then looked at surveillance video and found the electric bicycle driver, Gao. After investigation, Gao was found to be fully responsible for this traffic accident. A few days later, the two sides signed a “Traffic Accident Damage Compensation Mediation”.

Xia-Ling---Boss-&-Young
Xia Ling
Boss & Young

The mediation was drafted by the traffic police and signed under their auspices. The content reads: “Party A (Gao) must compensate Party B (Hua) for all expenses, such as Party B’s medical expenses, for a total amount of RMB20,000 (US$3,000) and the cash will be paid on the spot. In the future, the two parties will not have any involvement, and the case is closed accordingly.”

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XIA LING is a partner and attorney-at-law with Boss & Young

Boss & Young Boss & Young 邦信阳中建中汇律师事务所Boss & Young12th-15th Floor, 100 Bund Square, 100 South Zhongshan Road, Huangpu District, Shanghaiwww.boss-young.com

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Tel: +8621 2316 9090

Fax: +8621 2316 9000

E-Mail: xialing@boss-young.com

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