Traditional Culture Encyclopedia - Hotel accommodation - Should I pay compensation if a hotel employee hits me while parking my car?

Should I pay compensation if a hotel employee hits me while parking my car?

The hotel staff will have to pay compensation if they park their cars and hit them.

How to deal with a scratched car while parking in a hotel needs to be analyzed according to the specific situation:

1. If the parking lot is a paid service provider, it should bear corresponding responsibility for the damage to the vehicle;

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2. If the car is scratched due to the behavior of a third party, the third party shall bear the tort liability.

In the event of a traffic accident, you can claim the following compensation:

1. Medical expenses: Calculated according to the hospital’s necessary expenses for the trauma treatment of the party involved in the traffic accident, and paid on the basis of care. If it is necessary to continue treatment after the case is closed, the necessary fees for treatment will be paid.

2. Lost work allowance: If the party concerned has a fixed income, the calculation shall be based on the fixed income reduced by the lost work. If the income is more than three times higher than the average cost of living in the place where the traffic accident occurred, the calculation shall be based on three times; if there is no fixed income Income shall be calculated based on the average income of the same state-owned industry in the place where the traffic accident occurred.

3. Hospitalization food subsidy: calculated according to the business trip food subsidy standard for state agency staff in the place where the traffic accident occurred.

4. Nursing expenses: If the nursing staff has income while the injured person is hospitalized, it will be calculated according to the regulations on lost wages; if there is no income, it will be calculated according to the average living expenses in the place where the traffic accident occurred.

5. Living allowance for the disabled: calculated based on the disability level and the average living cost in the place where the traffic accident occurred. Compensation will be given for 20 years starting from the month of disability. However, for those over 50 years old, one year will be reduced for every additional year of age, with a minimum of not less than 10 years; for those over 70 years old, it will be calculated as five years.

6. Disability appliance fee: If it is necessary to prepare appliances with compensating functions due to disability, the fee for universal appliances will be calculated based on the hospital certificate.

7. Funeral expenses: Pay according to the funeral expenses standards at the place where the traffic accident occurred.

8. Death compensation: calculated based on the average cost of living in the place where the traffic accident occurred, and will be compensated for 10 years. For those under 16 years old, the age will be reduced by one year for every year younger; for those over 70 years old, the age will be reduced by one year for every additional year of age, with a minimum of not less than 5 years.

9. Dependent living expenses: limited to those who were actually supported by the deceased or before the disabled person lost his ability to work and who have no other source of living. Calculated in accordance with the living expenses subsidy standard for residents in the place where the traffic accident occurred. For those who are dissatisfied A person who is 16 years old is raised until he is 16 years old. For those who are unable to work, they will be raised for 20 years. However, for those over 50 years old, one year will be reduced for every additional year of age, with a minimum of not less than 10 years; for those over 70 years old, it will be calculated as five years. Support other dependents for five years.

10. Transportation expenses: Calculated according to the actual necessary expenses of the parties, and paid with vouchers.

11. Accommodation fee: paid according to the business trip accommodation standards for general staff of state agencies where the traffic accident occurred.

To sum up, here are the answers to the items that can claim compensation for traffic accidents.

Legal Basis

Article 897 of the "People's Republic of China and Civil Code"

During the custody period, any damage caused by the custodian's improper care If the custodial object is damaged or lost, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he has no intention or gross negligence, he will not be liable for compensation.