I lost my car in the paid parking lot, is the parking lot fully responsible?

The parking lot must be fully or mostly responsible! Because the parking lot is a custody contract, it is not a site lease relationship. Although the vehicle is not turnkeyed, it does not affect the storage object as a static vehicle.

It is not legal for the parking lot to try to shirk its responsibility on the grounds of leasing the site. The form of the lease of the site and the form of the contract are completely different from the form of the contract for the custody of the vehicle, and the parking lot does not have the right to lease the land. Therefore, legally speaking, the parking lot must be fully responsible.

No, there is no custody contract between the car park and the owner because the car park does not control and possess the owner's vehicle (e.g. keeping the customer's car keys or vehicle driving license). Regardless of whether the parking fee is charged to the car owner, the relationship between the parking lot and the car owner is a site lease contract. The rules of the venue lease contract are:

Parking is at the owner's own risk.

Of course, because the other party charges, in fact, assumes the responsibility of keeping your vehicle, which is equivalent to an agreement.

Of course, you have to be responsible, and if you receive your money for parking, you have to fulfill the obligation to keep your vehicle.

Of course, you have to be responsible, but ask your lawyer specifically.

I've seen similar news, and I can tell you for sure that each is half responsible.

Legal Analysis: Whether the parking lot is responsible for the loss of the vehicle in the parking lot depends on the specific situation. In the case of free parking, the parking lot shall only be liable for damages if it is intentional or grossly negligent in the case of damage or loss of the vehicle in its custody.

If it is a site rental parking lot represented by a temporary road parking lot, except for the special circumstances where the owner and the parking lot separately agree to establish a custody relationship, the temporary rental contract relationship of the parking lot is established between the owner and the parking lot, and the fee paid by the owner is only the site rental fee and not the storage fee, and the parking lot does not bear the responsibility for the management of the collapsed pants when the parked vehicle is lost or damaged. If the owner of the vehicle parks the vehicle in the parking lot, if he wants to enter into a storage contract with the parking lot for the contents of the vehicle, he or she shall conclude a storage contract with the parking lot for the contents of the vehicle and pay the corresponding storage fee.

Legal basis: Civil Code of the People's Republic of China

Article 888: A custody contract is a contract under which the custodian takes custody of the deposited goods delivered by the depositor, and returns them. Where the depositor engages in shopping, dining, lodging, or other activities at the custodian's place, and stores the items in a designated place, it shall be deemed to be safekeeping, unless otherwise agreed by the parties or otherwise in other trading habits.

Article 890:The custody contract shall be established upon delivery of the deposited goods, unless otherwise agreed by the parties.

Article 891: Where the depositary delivers the deposited goods to the custodian, the custodian shall issue a certificate of custody, unless otherwise customary in trading.

Article 897: During the custody period, if the custodian causes damage or loss to the custodian due to 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.

How do I make a claim for damage to a car in the parking lot? It is necessary to clarify the cause of the damage to the vehicle and then deal with it separately according to the actual situation.

1.The vehicle is parked normally in the paid parking lot, and the car has no driver in the car, and the loss caused by the damage to the vehicle is compensated by the paid parking lot. Insurance companies do not process insurance claims.

2.If the vehicle enters the parking lot and the vehicle is damaged by the driver's driving operation on the vehicle, the party concerned needs to report to the local police station or directly report to the insurance company, and the police station will issue certification materials or the insurance company's loss assessor will investigate and assess the damage and handle the claim according to the process.

3.If the vehicle is damaged by other vehicles or the person responsible for the loss caused by the collision in the non-paid parking lot, it shall report to the local public security organ, and after determining the liability of the party according to the type and nature of the accident, apply for insurance compensation according to the liability compensation.

4.In the case that the person responsible cannot be determined, the owner of the motor vehicle or the policyholder can directly report to the insurance company, and within the validity period of the insured car damage insurance, directly declare the claim to the insurance company that underwrites the claim, and the general insurance company will compensate about 70% of the direct economic loss in accordance with the contract.

The court of course plays a role in ensuring the safety of the equipment, facilities and parked vehicles in the parking lot, and ensuring that the parking lot is neat and orderly is the management system of the parking lot. Since the collection of parking space usage fees has in fact formed a paid custody relationship, it should be responsible for the lost items of the residents, just like handing over the things to the caretaker and paying the viewing fee.

First, the parking lot management system stipulates the vehicle management system.

1. Each property office shall carry out management of the vehicles in the property project area under its management in accordance with laws and regulations.

2. If it is necessary to collect vehicle storage fees, it is responsible for collecting vehicle storage fees according to the charging regulations of the price department.

3. Each property office should be familiar with the circulation of vehicles in the community (building), and the reasonable arrangement of parking spaces should give priority to ensuring that the owners use parking spaces.

4. Responsible for directing the driving and parking of vehicles in the area, and maintaining the traffic and parking order of the community (building).

5. Responsible for inspecting the parked vehicles on the roads and parking lots in the community (building) to ensure the safety of the vehicles.

6. Trucks of more than one ton (except for special circumstances such as moving), large passenger cars and vehicles carrying explosive, highly toxic, radioactive and other dangerous goods are prohibited from entering the community.

7. Motor vehicles driving in the area, the speed shall not exceed 15 kilometers per hour, and it is forbidden to honk, test, repair and practice.

8. It is not allowed to park vehicles on sidewalks, roadways, and fire escapes.

9. Report to the company regularly on the management of vehicles in the community (building).

2. Is the parking lot responsible for the theft of the vehicle?

1. If the car is parked in the paid parking lot, there is a paid custody contract relationship with the parking lot, and the car is stolen in the process of parking, and the parking lot shall compensate for the loss.

2. According to Article 374 of the Contract Law, during the custody period, the custody is damaged or lost due to the custodian's improper custody; The custodian shall be liable for damages, but the custody is free of charge, and the custodian shall not be liable for damages if he proves that he is not grossly negligent.

3. The custody contract is a practical contract, and the custody contract is established when the custody is delivered. The parking space lease contract is a two-service paid contract of the promise nature. Unless otherwise agreed by the parties, the custody contract must be established with the delivery of the goods as a prerequisite for its establishment, and must be able to reflect the essential legal characteristics of the custodian's actual possession and control of the vehicle in the custody contract.

The formation of a lease contract does not require the delivery of the subject matter or the performance of a specific act.

Personal advice: Only paid parking lots are liable for compensation, of course you need to provide a toll ticket for the parking lot. Then it is necessary to provide an invoice for the purchase of the car to confirm the value of the car.

Negotiate first, and claim compensation as a percentage of the original price according to the degree of depreciation of the car. If the negotiation fails, it can be sued to the court.

Of course it works, after receiving the money, you must fulfill the obligation of custody, and if you lose it, you must be responsible!

Legal analysis: Yes, the parking lot has security obligations, and the operators and managers of business premises and public places or the organizers of mass activities shall bear tort liability if they fail to fulfill their security obligations and cause damage to others.

Legal basis: Article 1198 of the Civil Code of the People's Republic of China Where the operators or managers of hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other business venues or public places, or the organizers of mass activities, fail to fulfill their security obligations and cause harm to others, they shall bear tort liability.

Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; Where operators, managers, or organizers fail to fulfill their security obligations, they shall bear corresponding supplementary responsibilities. After the proprietor, manager, or organizer bears supplementary liability, they may recover compensation from a third party.

Responsible. If it is a commercial parking lot, as long as it is charged, it should bear the responsibility of care, and there is no reason to collect money and do nothing. If the car is scratched and the perpetrator cannot be found, the responsible unit of the parking lot will theoretically bear the corresponding compensation for the car damage.

1. Check the status of the parking and stop the ignition, and after the vehicle has a scratching accident, you should immediately choose a more suitable place to park. After parking, tighten the hand brake, cut off the power supply, and turn off the engine of the car. In specific cases, the regulations of specific circumstances should be observed, such as wide lights and tail lights should be displayed at night.

2. Evidence should be collected for vehicle damage and the condition of the vehicle should be checked. It is appropriate to use digital tools to record the situation on the spot. For example, the camera function of the mobile phone and the digital camera carried with you can record the scratch parts and the condition of the car.

It is usually necessary to shoot from multiple angles such as the front side of the car, the back side of the car, and the bump area. The most important thing in the shot is to have a shot that reflects that both parties are on the scene.

3. The basic information should be recorded, and the vehicle information and owner information of both parties should be recorded. It is necessary to record the license plate number, driver's license, driving license, insurance card and other information of both parties. The recommended practice is to pre-print some ** in case of scratching accidents, saving time and effort.

4. After on-site investigation, if it is not a road traffic accident, the public security traffic management department shall prepare a conclusion of the non-road traffic accident and serve it on the parties, and the parties shall file a civil lawsuit with the people's court; If it is a road traffic accident, the public security traffic management department shall file a case for investigation.

5. After the public security traffic management department finds out the cause of the accident, it shall determine the responsibility for the accident in accordance with the law. If the parties are not satisfied with the determination of responsibility for traffic accidents, they may apply to the legal department of the detachment for a new determination within 15 days after receiving the determination of responsibility; The detachment's legal department shall make a re-determination within 30 days after acceptance. The decision to re-determine the responsibility for traffic accidents is final.

There are three ways to deal with the scraped vehicles in the community: reconciliation between the two parties, mediation by the traffic police, and filing a lawsuit with the court.

Legal basisArticle 374 of the Contract Law stipulates that during the custody period, if the custodian is damaged or lost due to the improper custody of the custodian, the custodian shall be liable for damages, that is to say, the paid custody requires the manager to fulfill the obligation of comprehensive security and defense.

Legal analysis: 1. If the parking baggage is charged, the custodian shall be liable for damages;

2. If the fee is not collected, the custodian shall be liable for compensation if he cannot prove that he is not grossly negligent;

3. If the parking lot does not obtain a business license in accordance with the law or operates illegally without permission, this does not affect the establishment of the custody relationship, but the parking person knows that the parking lot is operating illegally, and shall share the corresponding responsibilities according to the respective faults of both parties.

Legal basis: Civil Code of the People's Republic of China

Article 5: Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 584: Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.