What should I do if my car is parked in the community and it is scratched? Property management is no

In the event of scraping in the community, under normal circumstances, the property is not liable. And whether it is in the community or on the road, you need to call the police to deal with it. Because the traffic police need to issue a letter of responsibility to determine the size of the responsibility between the two parties.

Both parties shall bear corresponding responsibilities according to the content of the liability determination. And after the scraping occurs, you need to report to the insurance company, and the staff of the insurance company will issue an investigation report.

Legal analysisAccording to the relevant laws and regulations, the determination of accident liability: 1. After ascertaining the cause of the traffic accident, the public security organ shall determine the traffic accident liability of the party concerned on the basis of the causal relationship between the party's violation and the traffic accident, as well as the role of the violation in the traffic accident. 2. Time limit for determining responsibility for traffic accidents:

3. When the public security traffic management department announces the responsibility for the traffic accident, it shall convene all parties to appear at the same time (if there is no reason to be present, it shall be handled as absent), issue relevant evidence, explain the basis and reasons for determining responsibility, and send the accident responsibility determination to the parties. 4. Where the parties are not satisfied with the determination of responsibility for traffic accidents, they may apply to the public security organ at the level above for a new determination within 15 days of receiving the written determination of responsibility for traffic accidents; Within 30 days of receiving the application for re-determination of accident responsibility, the public security organ at the level above shall make a decision to maintain, modify, or revoke the decision, and send the decision to re-determine the responsibility for the traffic accident to the applicant and the original department for determining responsibility; After receiving the decision to re-determine the responsibility for the traffic accident, the original responsibility determination department shall announce the re-determination decision to all parties within five days; 5. The decision to re-determine the responsibility for traffic accidents is final.

Legal basisProvisions on Procedures for Handling Road Traffic Accidents》 Article 60 The traffic management department of the public security organ shall determine the responsibility of the parties according to the role played by the parties' actions in the occurrence of road traffic accidents and the severity of the faults. (1) Where a road traffic accident is caused by the fault of one of the parties, full responsibility shall be borne by the party; (2) Where a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the effect of their actions on the accident and the severity of the fault; (3) None of the parties is at fault for causing the road traffic accident, and if it is a traffic accident, neither party is liable. If one party intentionally causes a road traffic accident, the other party is not liable.

Theoretically, the property must be responsible, because your car is placed within the scope of property management, since the corresponding management fee is charged, they can't escape the corresponding legal responsibility, and there is no other way to sue.

Purely personal advice, I hope it helps.

Renhui...

If your car is scraped while parked downstairs in the community, then you can first go to the property office of the community to see if you can find the person who scratched your car through monitoring and ask him to compensate;

In addition, if the perpetrator cannot be found, you should call the insurance company, and the repair cost can be borne by the insurance company

You can go to the public security department, of course, if it's not too serious, you can fix it yourself.

1. If the car is parked in the community, if there is a custody contract and the charging property is liable for compensation. Otherwise, the property is not liable. Generally speaking, if the car is parked in the community, it may be responsible, only the parties and the property, whether the property should be responsible, should first determine whether there is a contract between the owner and the property company, if so, it is necessary to clarify what kind of obligations the property bears to the vehicle.

2. Legal basis: Article 35 of the Property Management Regulations.

Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Second, what is the treatment process for the car parked in the community that was scratched.

1. Do not move after finding that the vehicle is scratched, and then call the insurance company as soon as possible, and the staff of the insurance company will go to the scene to investigate;

2. After the employees of the insurance company go to the scene to investigate and collect evidence, they negotiate with the owner, the perpetrator, the repair shop, the insurance company, etc. to determine the damage;

3. The car owner and the insurance company collect the materials required for claim settlement according to the specific situation of the accident;

4. The insurance company will review the materials, and after the audit is successful, the insurance company will directly transfer the money to the insurer's bank account.

The property shall maintain the basic order in the property service area and take reasonable measures to protect the personal and property safety of the owner. In the case of violations of laws and regulations such as public security, environmental protection, and fire protection in the property service area, the property service provider shall promptly take reasonable measures to stop it, report it to the relevant administrative department and assist in handling it. If the property fails to fulfill the above security obligations, it shall bear supplementary liability.

1. Does the Civil Code stipulate that the property in the community has the right to cut off water and electricity?

Residential properties do not have the right to cut off water and electricity. According to the provisions of the Civil Code of China, the owner shall pay the property fee to the property service provider in accordance with the agreement. If the property service provider has provided services in accordance with the agreement and relevant provisions, the owner shall not refuse to pay the property fee on the grounds that he has not accepted or does not need to accept the relevant property management services.

If the owner violates the agreement and fails to pay the property fee within the time limit, the property service provider may urge him to pay within a reasonable period of time; If the payment is still not made after the expiration of the reasonable period, the property management service provider may file a lawsuit or apply for arbitration. Property service providers shall not stop the supply of electricity, water, heat, gas, etc. to urge the payment of property fees.

2. Does the property have the right to cut off the owner's water and electricity?

Only the competent department of hydropower has the right to stop supply, and the property management company only has the right to manage and has no right to cut off water and electricity. The property management company may pursue the owner for breach of contract for non-payment of management fee or breach of the relevant deed or contract if the fee is reasonable. Property service charges should follow the principle of reasonableness, openness and the cost and service level to adapt to, distinguish the nature and characteristics of different properties, by the owner and property service enterprises in accordance with the ***** department in charge of the construction of the property service charges formulated by the competent department of the property management department, agreed in the property service contract.

3. What is a property service contract?

The legal meaning of the property service contract is: the property service person provides the owner with property services such as the maintenance and maintenance of the building and its ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owner pays the property fee. Property services include the following:

Residential properties, commercial properties, industrial properties, ** properties, etc.

Article 942 of the Civil Code provides that the property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate and manage the common parts of the property owners in the property service area, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners.

For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

With the improvement of people's living standards, cars have become a means of transportation for people, and basically every household has a car. Therefore, there are a lot of vehicles in the parking lot in the community, so it often happens that the car is scraped when parked in the community. So is the property responsible for the scraped property parked in the community?

Let's find out together!

Whether the car is scraped in the community and the property is liable depends on whether the owner has a contract with the property. If there is an agreement with the property, it is necessary to clarify what the property's obligations are with respect to the vehicle. If the property bears the duty of custody, the nature of the charge is the custody fee, so the property is liable.

If the contract stipulates that the property only provides parking lot for lease and does not assume the obligation to keep the vehicle, then the vehicle is scraped and the property is not liable.

How to avoid scratching your car?

1. Try to pull to the side and avoid the middle position.

The parking lot will generally be planned to be a card slot, generally 2-3 cars a card slot, and the indoor parking lot will be separated by cement, if it is parked in the middle position, it is easy to be scraped, pull over and reserve the middle position to park the vehicle, you can reduce the risk of being scraped.

2. Reserve a place to facilitate the opening of the door next to the vehicle.

When the vehicle is parked side by side, it is necessary to control the lateral distance, and there is no way to control it within 60cm, so that the owner will be more careful to open the door when getting out of the car.

3. Park the car as much as possible.

Parking close to the driveway is also easy to rub into, so when parking, it is good to park in the innermost parking space, so that you can avoid other cars scratching your car, and it also plays a role in preventing theft.

4. Avoid parking under the window or balcony.

It is best not to park the car on the balcony or under the window, if there is an object falling from a high altitude, it is easy to cause injury to the car, so avoid these places as much as possible.