If your battery car is stolen in the community, the property is responsible?? What should I do?

There is a very clear answer to this question, first of all, you need to make sure that your car has a vehicle custody agreement with the property. That.

2. The property management company that has signed the vehicle custody agreement shall compensate in accordance with the relevant compensation terms.

If it is not signed, it belongs to the scope of the property management service contract, first determine whether it is the content of the property management regulations, and if there are vehicle management regulations in the property service contract, whether the owner cooperates with the property management. Whether the property has managed the vehicle in accordance with the relevant terms. Whether there is evidence of the fault of the property management company in the fault of the loss of the vehicle to prove that it was caused by the negligence in the property management.

That is to say, whether the property management company has carried out vehicle management in accordance with the contract, such as security patrols and gate guards, and the normal operation of monitoring equipment. If there is evidence that the property failed to meet these responsibilities resulting in the theft of the vehicle, the property is liable.

Division of liability: The thief + property company + owner are jointly responsible for the liability for compensation. The value of the item is:

The equivalent value of the item divided by the depreciation period multiplied by the share percentage. The average property here bears about 30% of the responsibility. That is to say, the depreciation expense of 1000 yuan bicycle will be removed after 1 year of use, and the value of the car will be 600 yuan * 30% = 180 yuan after being scrapped for 5 years, which is the compensation borne by the property.

However, in this process, the actual work is greater than the compensation received. It is also difficult to get evidence of property fault here. That is, the gains outweigh the losses.

If your car is stolen in the community, the property management department must be responsible! I can find the person in charge to talk about compensation, and if my car was stolen, I found them to compensate a small amount, and as for the amount of compensation, I can only negotiate with them. The car was stolen, one is to report the case, and the other is to see if the community can be found to provide monitoring information to find clues for the public security to solve the case.

Third, the possibility of recovering the vehicle by solving the case is too small.

Absolutely, first confirm that there is a camera in the security room of the community? Find the stolen battery car from the camera, and then talk to the property about why it didn't fulfill its security duties.

Whether the property in the community is liable for the theft of electric vehicles needs to be determined based on the following circumstances:

1. If the owner's vehicle is lost due to the property failure to fulfill the obligation to ensure the safety of the community in accordance with the property contract, the property needs to compensate the owner;

2. If the property has fulfilled the obligations stipulated in the property contract and fulfilled the duty of ensuring the safety of the community, the property does not need to compensate if the owner loses the car.

What is the specific process for suing a property.

1. The competent court should be determined first, and the property service contract dispute should be under the jurisdiction of the court at the place where the defendant is domiciled and where the contract is performed;

2. The owner prepares a complaint and files a lawsuit with the court;

3. The owner prepares evidentiary materials to support the litigation claim.

Legal basisArticle 6 of the Property Management Regulations.

The owner of the house is the owner.

Owners have the following rights in property management activities:

1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;

2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;

3) Propose to formulate and revise the management statute and the rules of procedure of the general meeting of owners;

4) Participate in the meeting of the general meeting of owners and exercise the right to vote;

5) To elect the members of the owners' committee and enjoy the right to be elected;

6) To supervise the work of the owners' committee;

7) Supervise the performance of property service contracts by property service enterprises;

8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;

9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);

10) Other rights provided for by laws and regulations.

Legal analysis: if the electric vehicle is lost in the community, if the electric vehicle is charged for the custody of the property in the community, during the storage period, the electric vehicle is damaged or lost due to poor storage of the property, and the property shall be liable for compensation. If the property in the community is free of charge for the custody of electric vehicles, then the property and the owner of the electric vehicle form a contract relationship for free custody, and the property can prove that it is not intentional or grossly negligent, then it will not be liable for compensation.

In this case, the owner of the electric vehicle must prove that the property is grossly negligent before the property will be liable. In judicial practice, it is difficult for electric vehicle owners to prove that the property is grossly negligent, and the community property does not need to be liable.

Legal basis: Article 897 of the Civil Code of the People's Republic of China: During the custody period, if the custodian causes damage or loss to the stored property due to the custodian's improper custody, the custodian shall be liable for compensation. However, if the gratuitous custodian proves that he or she is not intentional or grossly negligent, he shall not be liable for compensation.

1. Whether the property in the community is responsible for the theft of electric vehicles needs to be determined according to the following circumstances:

1) If the owner's vehicle is lost due to the property failing to fulfill its obligations to ensure the safety of the community in accordance with the property contract, the property needs to compensate the owner;

2) If the property has fulfilled the obligations stipulated in the property contract and fulfilled the duty of ensuring the safety of the community, the property does not need to compensate if the owner loses the car.

2. Legal basis: Article 6 of the Property Management Regulations.

The owner of the house is the owner.

Owners have the following rights in property management activities:

1) In accordance with the provisions of the property service contract, accept the services provided by the property management service enterprise;

2) Propose to convene a meeting of the general meeting of owners and make recommendations on matters related to property management;

3) Propose to formulate and revise the management statute and the rules of procedure of the owners' general meeting;

4) Participate in the meeting of the general meeting of owners and exercise the right to vote;

5) To elect the members of the owners' committee and enjoy the right to be elected;

6) To supervise the work of the owners' committee;

7) Supervise the performance of property service contracts by property service enterprises; Potato type.

8) The right to know and supervise the use of the common parts of the property, common facilities and equipment, and related sites;

9) Supervise the management and use of special maintenance funds for common parts of property and common facilities and equipment (hereinafter referred to as special maintenance funds);

10) Other rights provided for by laws and regulations.

2. What is the specific process of suing the property.

1. The competent court should be determined first, and the property service contract dispute should be under the jurisdiction of the court of the defendant's domicile and the place where the contract is performed;

2. The owner prepares a complaint and files a lawsuit with the court;

3. The owner prepares evidentiary materials to support the litigation claim.

Legal analysis: if there is an agreement, the property is liable; If not, the property is not responsible. The key issue of whether the property management company should be held liable is whether the owner and the property management company have formed a contractual relationship for the custody of the electric vehicle.

The theft of electric vehicles in the community is generally divided into two situations. First, if the electric Zizhi car is parked in a dedicated enclosed area, such as a carport, and there is a special person on duty, and the property company also charges a certain fee to the owner, then the two parties have formed a contractual relationship. In the event of theft of an electric vehicle, the property management company will be liable for compensation.

Legal basis: "Property Management Regulations" Article 36 When a property service enterprise undertakes a property stool book, it shall go through the property acceptance procedures with the owners' committee. The owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management service enterprises.

If there is a relevant agreement, the property is liable; If there is no relevant agreement, the property is not liable.

Legal basis: Article 36 of the "Property Management Regulations" property service enterprises shall provide corresponding services in accordance with the provisions of the property 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.