Civil Disputes Compensation for Lost Motorcycles in the Garage

I hope mine can help you, if satisfied. Thank you.

1.The responsibility of the garage management is obvious.

2.The crux of the matter is the determination of the value of the vehicle, according to the provisions of the law, in the absence of invoices and other evidence to substantiate, the value of the vehicle can be determined by applying to the value appraisal center. The value after recognition is not the value when you bought the car, but the value after depreciation.

Generally not very high.

3.It is not optimal for you to settle the matter through litigation because litigation is costly, especially time-consuming, and if you hire a lawyer, the lawyer's fees are not reimbursable.

4.Personally, it is recommended that you negotiate and resolve disputes through negotiation, which is more convenient. Being able to recover more compensation on top of 2,000 yuan is a victory.

Claims should be made at the value at the time of loss. The other party promised to give you 2,000 yuan, then you get the money. Suing to the court for a claim may take a little longer, and you may lose more than you gain.

I've been riding for three years, 2000 should be considered a lot, promise to give you compensation, you will accept it.

If you resort to the law and sue the garage and this custodian together, so that they are jointly and severally liable, the court does not know how much to sentence, and your invoice is lost, the court will assess, it may not be as high as this at that time, even if the judgment is awarded, if they don't give it, you still have to enforce it, not necessarily higher than now.

Article 374 of the Contract Law: During the period of custody, if the custodian causes damage or loss of the custodian due to the improper custody of the custodian, the custodian shall be liable for damages, but the custodian shall not be liable for damages if the custodian proves that he is not grossly negligent.

According to the law, if the parking lot is charged, it is responsible for compensation. If it is gratuitous, it is not responsible for compensation.

See if they charge the parking fee, and you can claim with a slip if you collect it. If it is confiscated, it will be gone.

For such a problem, it is not possible to simply cite contract law to judge. Under normal circumstances, it is impossible to charge fees for the company's parking lot, but it cannot be compared with the parking lot that is charged in the society, because you work in the company, and the company sets up the parking lot, which can be regarded as a benefit on the one hand, and on the other hand, it also includes the reward of your work. So, in my experience, you deserve compensation!

As property damage, the company must compensate.

First of all, it is certain that you have the right to claim compensation from the property, and the property management company in your area should be liable for compensation. There is a property management contract between you and the property management company. In this legal relationship, since the company charged you a property management fee, there is no separate vehicle storage fee, which means that the property management fee includes a vehicle storage fee.

And you also park your motorcycle in the underground garage of the community, indicating that you have formed a paid custody contract relationship with the property management company, and the company, as the custodian, should properly keep the motorcycle hall with the car. Article 374 of China's Contract Law provides that "during the custody period, if the custody is damaged or lost due to improper storage, 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." "Therefore, the property management company in the area where you live should be liable for damages for the theft of your motorcycle due to poor storage.

If you are not satisfied with the property service and refuse to pay the property fee, this is equivalent to saying that you have not paid the vehicle management fee, then the property will reject your claim for compensation on the grounds that you have not paid the fee and they are not responsible for taking care of it.

In addition, there is a principle in the law of "criminal first, then civil", since you have filed a case with the public security department, you can only wait until the public security bureau cracks the case, let the thief return and compensate for the loss.

Lawyer's professional answer:

First of all, it is necessary to find out whether the scrap yard knows that it is stolen goods, and if so, it needs to be held liable. Compensation can be claimed.

The thief is a direct infringer, of course, he is compensated, if he is not liable for compensation, he can enforce other property, for the responsibility of the acquisition station, through the public security to understand whether the acquisition station knows that it is stolen goods, if it is purchased knowing that it is stolen goods, should bear criminal or civil liability for compensation.

A motorcycle, forget it. If you really want to toss it through the law, not to mention the cost and effort, your heart is tired of tossing.

Hello, compensated by the thief. incapacity for compensation, application for enforcement of other property.