How to deal with scratches in the community, and how to deal with the vehicles that are scratched in

One. The car was scratched by both parties, and it was necessary to call the police to deal with it, and the traffic police would issue a letter of responsibility when they arrived at the scene. Then, according to the liability determination, call the insurance company to report the case. (If only one party is fully responsible, only the fully responsible party needs to report to the insurance company that the case is insured).

The surveyor goes to the scene to investigate and take pictures to assess the damage, and compensate for all maintenance costs according to the actual loss.

Accident report: call the insurance company ** to report the accident or call 110 to report the accident, and carry out the follow-up treatment of the accident according to the information of the insurer;

Accident investigation: The insurance company's surveyor assists the insurer in investigating the cause, nature, liability and loss of the accident;

Claim application: According to the type of loss in the case, collect the materials required for the claim and submit it to the insurer for the claim;

Compensation collection: After verifying the accident and claim materials, the reimburser will compensate the insured according to the insurance contract;

It is a headache to be scratched when parking in the community, and the escape rate of the perpetrator is extremely high after the scratching in the community, and few people are ready to stay and pay others money after rubbing other people's cars in the community. In view of the above situation, we provide some practical suggestions for car owners to make insurance claims. For example, Ms. Liu's new car was parked in the community, and the next day she found that the front bumper was scratched in a large area, and the perpetrator had fled, how to claim compensation from the insurance company?

Correct approach: Require the property in the community to issue a vehicle scratch certificate, describing in detail the scratch location, the degree of damage to the vehicle, the time of the scratch and the escape of the third party at that time, and report to the insurance company within 48 hours. Special reminder:

In this case, the third party escapes, and the owner needs to issue a certificate of scratching of the vehicle by the property in the community, and bring the driver's book, driving license, and insurance card to the insurance company to settle claims; For accidents with clear responsibilities and complete procedures, the maintenance party can pay the maintenance costs for the insured in advance and make direct compensation. Concept analysis: direct compensation means that the maintenance cost of the vehicle is paid directly by the insurance company and the maintenance party, and the insured does not need to pay the maintenance fee, and only needs to hand over the relevant materials to drive the vehicle away.

Always scratching around the neighborhood by car? The old driver teaches you a few cornering skills, and if you don't believe it, you will scratch again.

In accordance with Article 83 of the Regulations on Procedures for Handling Road Traffic Accidents, if an accident occurs when a vehicle passes outside the road, the traffic management department of the public security organ receives a report, and it shall be handled with reference to these provisions. Therefore, the rapid handling procedure for traffic accidents in the event of a vehicle scraping accident in the community is applicable.

1) Report the case in a timely manner.

In addition to reporting the incident to the traffic management department, it is also necessary to report the incident to the insurance company within 48 hours.

2) Assess the loss to the insurance company of the main responsible party.

For accidents between the two parties, it is necessary to call the traffic police station, and the traffic management department will determine the respective responsibilities of both parties and issue a relevant liability determination letter. After that, the main responsible party will report the case to the insurance company, and both parties will go to the insurance company to assess the loss.

3) Provide complete supporting documents.

After reporting the case, the insured company shall be provided with complete certificates or documents. Includes: the original policy in force; ID card of the insured; Insured vehicle driving license; The driver's license of the driver at the time of the accident; If it is a road traffic accident, the accident certificate issued by the traffic management department shall be provided; If it is a non-road traffic accident, the corresponding accident certificate shall be provided; A list of losses incurred as a result of the accident and related expense documents.

4) Submit claim documents in a timely manner.

After the accident is handled, the claim documents shall be submitted within the prescribed time limit. After the above procedures are completed, you can go to the insured's insurance company or an automobile repair factory with damage assessment qualifications to take pictures, assess damages, and make claims. Once the damage has been assessed, the damaged vehicle can be repaired.

After the accident is handled, the claim documents will be handed over to the insurance company within 10 days, and the insurance company will handle the claim procedures.

In short, dealing with traffic accident disputes is a complex process, and practice has proved that a lawyer with certain legal knowledge and work experience can not only prevent legal disputes, but also better resolve legal disputes, avoid or reduce economic losses to the greatest extent, and effectively protect the legitimate rights and interests of citizens and legal persons.

1. Who is responsible for the scratching of vehicles in the community.

1. The person responsible for the infringement shall be responsible for the scratching of vehicles in the community. Where the infringer infringes upon the civil rights and interests of others and causes harm, he shall bear tort liability. The infringer bears the tort liability in the following ways: restitution to the original state, compensation for losses, formal apology, etc.

2. Legal basis: Article 1,100 and Article 65 of the Civil Code of the People's Republic of China.

Where the perpetrator infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear the tort responsibility and be assigned to the offense.

2. How to determine the extent of the responsibility of the parties involved in the traffic accident.

The following principles are used to determine the extent of the responsibility of the parties involved in a traffic accident:

1. The illegal acts of the parties involved in the accident. If the illegal act of the accident causes the traffic accident, the traffic accident shall be responsible, and the accident shall not be borne if there is no illegal act;

2. The fact that a traffic accident occurred and caused damage. The objective existence of damage to health is a prerequisite for civil liability for tort damages. If no damage is caused, a certain act may lead to the occurrence of a traffic accident, and it has not become an objective fact, and the responsibility for the traffic accident cannot be discussed;

3. Subjective negligence in traffic accidents. Traffic accidents occur because of psychological negligence in traffic accidents, that is, traffic accidents should have been foreseen but did not foresee, or it was known that the illegal acts might cause traffic accidents, and the existence of intentional causes does not belong to the category of traffic accidents;

4. There is a causal relationship between traffic violations and traffic accidents.

The car was scraped in the community and looked for property disposal.

1. The car is parked in the parking space purchased by the owner himself, and the parking space management fee is paid every month. Some owners purchase the right to use the parking space at one time for the convenience of parking. In addition to the investment in parking fees, there is also a monthly parking space management fee.

If the perpetrator cannot be found, should the property pay for the scrap that occurs in this case? There are many owners who believe that since they have paid the parking space management fee, the property should obviously have the obligation to take care of the vehicles on the parking space, and the property should be responsible for the negligence of the management of the vehicle and the vehicle. The "Detailed Rules for the Implementation of the Measures for the Administration of Property Service Charges in Wuhan" adopts the title of "vehicle parking service fee", which is commonly referred to as the parking space management fee, which is defined as "vehicle parking service fee".

It refers to the labor, raw and auxiliary material costs incurred in the maintenance of site equipment and facilities, related roads and management in the designated parking lot (including indoor garage). Obviously, the fee is only for the maintenance of the parking space, and does not include the obligation to ensure the safety of the vehicle. Of course, it also depends on whether the property service contract or parking space purchase contract signed between the owner and the property management company stipulates the obligation of custody and care for the parking, and if the custody obligation is agreed, the property management company shall be liable; Otherwise, the property management company only undertakes the daily maintenance obligation of the parking space, and is not responsible for the vehicle being scratched.

2. The car is parked in the fixed parking space of the community and the fixed parking fee is paid every month. In this case, it depends on whether the monthly parking fee to be paid in the agreement is a parking space rental fee or a storage fee, if it is a storage fee, the property management company should be liable for compensation, and if it is a rental fee, it is not liable for compensation. In the case of no agreement or unclear agreement, according to the Contract Law

Article 365 stipulates that "a custody contract is a contract under which the custodian takes custody of the deposited goods delivered by the depositor and returns the goods", and Article 367 stipulates that "the custody contract shall be concluded upon the delivery of the deposited goods, unless otherwise agreed by the parties", and the custody contract is a contract of practice.

Its establishment requires not only the agreement of the parties to express their intentions, but also the most important thing is that the vehicle owner delivers the vehicle to the custodian and is actually controlled by the custodian. In practice, the owner who pays a fixed parking fee every month can drive the car away at any time with the car key, and the actual control is still in the hands of the owner himself, and is not controlled by the property management company, so the property is not liable for the damage to the vehicle.

3. The car is temporarily parked in the community, and the parking fee is not paid or the fee is paid according to the duration. If the car is temporarily parked in the community and is scratched, if the parking fee is paid according to the time, whether the property needs to be liable. This is controversial in practice, and in this case a written agreement is generally not signed, only at the entrance of the community by a unified public sign, generally 2-5 yuan per hour.

The author believes that from the perspective of the equivalence of rights and obligations, a few dollars per hour is obviously not enough to bear the obligation to protect each vehicle from any damage. Therefore, the author prefers that the fee in this case is only a parking fee, not a storage fee. In addition, in the case of non-payment of parking fees, the property management company will not be liable for any damage to the vehicle.

In recent years, the development of automobiles is very rapid, many car owners are also equipped with their own cars, but there are many cars, the problem of parking spaces has become a difficult problem to solve, and even the vehicles are scratched in their own communities, which is how we should deal with it correctly?

The car is scratched in the community to deal with method 1: if it involves property and life safety issues, it is recommended to call the police first. Don't blindly think about the car being scratched and looking for insurance reimbursement, we can't let the offender easily evade responsibility, we need to use the whip of the law to give a profound lesson.

Of course, you can also apply for insurance, and you may have to bear 30% of the responsibility.

The car was scratched in the community treatment method two: access to the dash cam, the dash cam can not only prevent accidental contact with porcelain, but also find the car was scratched first-hand information, is a strong evidence of rights protection, so we buy a new car in the community is best to install a dash cam.

The car was scratched in the community to deal with the third method: to call up the monitoring around the community, now the more formal community will be equipped with a complete monitoring system. However, it is not possible to retrieve it if you want to, it is best to call the police first, so that it is more secure to call the monitoring of **.

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According to Article 19 of the Provisions on Procedures for Handling Road Traffic Accidents, in the event of a property damage accident between a motor vehicle and a motor vehicle, or between a motor vehicle and a non-orange motor vehicle, the parties shall, under the principle of ensuring safety, fix the evidence by taking photos on the spot or marking the location of the vehicle, etc., immediately evacuate the scene, move the vehicle to a location that does not obstruct traffic, and then negotiate and deal with the matter of compensation for damages, except in the first paragraph of Article 13 of these Provisions.

In the event of a property damage accident between a non-motorized vehicle and a non-motorized vehicle or pedestrian, the parties shall first evacuate the scene and then negotiate to deal with the matter of compensation for damages.

For those who should have evacuated the scene on their own but failed to do so, the traffic police shall order the parties to evacuate the scene; If a traffic jam is caused, the driver shall be fined 200 yuan.

If the car is parked in the community and is scraped by others, you can view the video of the failure of the supervisor and find the perpetrator; If you can't find it, you will be compensated according to the insurance company's insurance, provided that you have scratch insurance; At the same time, you can park your car in a fixed garage parking space in another place; Specifically, it shall be handled in accordance with the requirements of the relevant insurance company.

Article 897 of the Civil Code? During the custody period, if the custodian causes damage or loss of 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.

Article 902? In the case of a paid custody contract, the depositor shall pay the custodian the custody fee within the agreed time limitWhere the parties have not agreed on the payment period or the agreement is not clear, and it is still uncertain in accordance with the provisions of article 510 of this Law, the chain shall pay at the same time as receiving the deposited items.

First, the report should be reported in a timely mannerAfter a traffic accident occurs, it is necessary to report the case in a timely manner. In addition to reporting the incident to the traffic management department, it is also necessary to report the incident to the insurance company within 48 hours. For unilateral accidents, you can directly call to report the case**, or you can go to an automobile repair shop with damage assessment qualifications to report and assess the damage.

2. For the accident of both parties, the insurance company must call the 122 traffic alarm station, and the traffic management department will determine the respective responsibilities of both parties and issue a relevant liability determination letter; After that, the main responsible party will report the case to the insurance company, and both parties will go to the insurance company to assess the loss. 3. The following certificates or documents shall be provided after the report is complete: the original of the insurance policy within the validity period; ID card of the insured; The driving license of the insured vehicle that has passed the annual inspection; The driver's license of the driver at the time of the accident, which must be qualified by the annual examination and determined to be within the scope of the permitted driving type; If it is a road traffic accident, the accident certificate issued by the traffic management department shall be provided; If it is a non-road traffic accident, the corresponding accident certificate shall be provided; A list of losses incurred as a result of the accident and related expense documents.

4. Within 10 days, you need to submit the claim documents and the above procedures are ready, you can go to the insured's insurance company or an automobile repair factory with damage assessment qualifications to take pictures, assess the damage, and settle the claim. Before all losses are repaired, they must go through the link of damage assessment to verify the loss items and amounts. Once the damage has been assessed, the damaged vehicle can be repaired.

After the accident is handled, the claim documents shall be handed over to the insurance company within 10 days, and the insurance company will calculate the compensation; The insurance company will then notify you to collect the claim.