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China Daily Website

Drivers seek compensation for damage

Updated: 2012-07-31 07:24
By Cao Yin ( China Daily)

Scores of drivers whose automobiles were submerged in floodwaters on an expressway on July 21 have asked a highway company to pay them compensation.

The drivers went to Beijing Capital Highway Development Group, a State-owned enterprise in charge of the Beijing-Hong Kong-Macao Expressway's construction and operation, on Friday to request compensation. They claimed the company should be responsible for the loss of their vehicles because its toll station created a traffic jam, causing many cars to become stuck on the flooded expressway.

A Capital Highway employee who did not want to be identified said on Monday that they reported a compensation plan to higher authorities last week but have not received a reply.

He declined to provide additional details about the plan and said the city flood control authority will soon publish relevant information.

Yu Yaping, head of the flood control authority's information office, said now is not the time to debate whether the drivers should be compensated because his office is still preparing to cope with new floods.

"The compensation is not our job. We're responsible for informing residents the time of future downpours and coordinating departments to prepare for floods," Yu said. "In other words, our role is more like a publisher, not an enforcement department to specifically solve the drivers' problems."

During the heavy rain, the toll station at the Nangangwa section of the Beijing-Hong Kong-Macao Expressway collected tolls, causing a traffic jam, said Lu Hong, a businessman who was trapped on the expressway and participated in Friday's compensation request.

Lu, 49, said he paid about 200,000 yuan ($31,360) for his car two years ago, and now the engine is damaged beyond repair.

Lu said his insurance company has agreed to cover the damage, but he still wants the group to compensate him with a new car of equal value.

"The toll station forced me to slow down, and I witnessed the water flood my motor. Otherwise, I might have passed the section as quickly as I could."

A worker at the Zhaoxindian toll station declined to confirm whether they were told to stop charging drivers during the heavy rain.

"If the station had stopped collecting tolls and realized the risk for flooding, my car wouldn't be broken and the tragedy could have been avoided," Lu said, adding his car sat in floodwaters for three days.

Luo Jinfang, 50, a full-time bus driver who was also trapped on the expressway, said he was anxiously waiting for a reply from the company because his vehicle was his only source of income.

"The company should have checked the expressway's safety facilities when they realized the rain might bring danger," he said.

Luo's bus was carrying 47 passengers. "The company has the responsibility to pay for the loss of belongings that passengers left on my vehicle, such as luggage and laptops," he said.

"There's a contract between drivers and the company. As cars pass the highway, the group should provide safety services, while the drivers have an obligation to pay. So those poor drivers with submerged vehicles have a right to claim their damage from the company," said Tang Junfen, a lawyer from Jiazi Law Firm in Beijing.

However, the group can be exempted from paying for damage because the rain was an uncontrolled element, Tang said.

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