I went to the restaurant to eat, the car was parked in front of the hotel and was pried, how to clai

A new tort liability law was implemented just on July 1 this year.

According to it and the provisions of the Consumer Law, if you park your car at the door and go to the hotel to make a purchase, the hotel, as a security obligor, should bear some responsibility for the loss of your car, and he cannot be exempted from liability unless he proves that the loss of your car is due to your own responsibility.

You can first negotiate with the hotel according to this point of view, if not, you can file a complaint with the local consumer rights protection committee, and in the most serious case, you can file a civil lawsuit for compensation.

I don't know if the car is insured? Claims are possible!

You can also go to the relevant departments to sue and protect your rights and interests through legal means!

First, go to insurance, as long as it is within 24 hours, you can call the police, you can be insured, if you apply for this insurance, you may go to the local public security bureau to issue a certificate, or the insurance company people come directly to the scene, he said that he will pay as much as he wants.

No. 2 Sue it.

First of all, if your car is really damaged in the parking lot, the insurance company will not bear your repair costs, it is a matter between you and the store, if the store provides you with free parking lots, then you can consider yourself unlucky. Generally, free parking lots will have a disclaimer in place. It cost thousands of cars to repair a lock, so do you care about these one or two if you have money?

So... Take a lesson

It is necessary to clarify a fact and whether there is a property custody relationship between the two parties; secondly, whether there are fees for this custodial relationship; The law stipulates that if the custody is free of charge, the custodian shall not be liable for compensation if he proves that he or she is not grossly negligent. In fact, the indemnity obligor in this case was the thief.

During the period of custody, if the custodian causes damage or loss of the custodian due to improper custody, 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.

If the car is pried into and the property is lost while eating at the restaurant, the hotel shall be liable for compensation if the hotel keeps it for a fee; If the hotel keeps it free of charge, and there is gross negligence, the hotel shall be liable for compensation.

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

According to Article 37 of the Tort Liability Law, managers of public places such as hotels, shopping malls, banks, stations, and entertainment venues, or organizers of mass activities, shall bear tort liability if they fail to fulfill their safety and security obligations and cause damage to others.

Where damage to others is caused by the conduct of a third party, the third party shall bear tort liability; If the manager or organizer fails to fulfill the security obligations, they shall bear the corresponding supplementary responsibilities.

According to this article, the key depends on whether the area where you park is a public place or a parking lot managed by the hotel, even if it is a place managed by the hotel, the hotel only bears the corresponding supplementary liability, and the focus is to report the case and file a civil lawsuit attached to the criminal case.

Zongheng Legal Network-Shaanxi InBev Law Firm-Li Rui lawyer.

If the hotel doesn't charge you for the storage of your car, you can't claim compensation from them.

First of all, you have to urge the customer to report the case to the public security bureau and make it clear that this is a theft case. Secondly, we have to wait for the public security organs to solve the case and recover the losses for the customer. or rush.

If the customer asks for compensation, it depends on whether the customer and the hotel have formed a custody relationship, such as the hotel charges parking fees, hires personnel to take care of the car and sails, and advertises that the dining guests park for free, etc., may bear part of the responsibility for the hail, (the customer does not lock the car is the customer's major fault) The usual practice is that if the hotel can prove that it is not at fault, it can not be compensated. It is not excluded that individual customers are messing around, and they can reply to customers with the fact that the public security organs are investigating and that customers need to invite qualified third parties for confirmation. Of course, if your hotel pays attention to its image, it may not be necessary to compensate customers for the sake of calming things, but it must be required to sign a written document to avoid responsibility and make a one-time decision.

The above insights. Hope it helps.

The hotel is largely responsible.