Is the community responsible for the damage to the vehicle property caused by the wind blowing down

Although the property has the responsibility to maintain the trees in the community, the wind is a natural disaster that is not within the control of the property, and it is not liable, and the vehicle can be compensated by insurance.

As long as you don't park illegally, the property is responsible, after all, you have paid the property fee, and it is legal to assume that your parking location is legal.

This is borne by the vehicle insurance company, if there is a loss, there is no deductible!

If the trees in the community fall down due to the wind, resulting in damage to the vehicle, the property of the community, as the management party of the trees, shall perform effective maintenance and management responsibilities for the trees. Therefore, the loss caused by the collapse of trees caused by wind blowing needs to bear the corresponding liability for compensation in accordance with the provisions of the law. According to the law, if a citizen's property is infringed, the right holder may claim damages.

If the owner or manager of the forest cannot prove that he is not at fault, he shall bear tort liability if he or she causes damage to others due to the breaking of the forest. Extended information: Article 37 of the Tort Liability Law of the People's Republic of China provides that managers of public places such as hotels, shopping malls, banks, stations, entertainment venues, etc., or organizers of mass activities, shall bear tort liability if they fail to fulfill their 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. References**:

The subject is not clear about this question.

1.Is the owner's vehicle parked in the designated parking space? If not, we will not be compensated in any of the following cases.

2.How strong is the wind? If it is a gale beyond the daily range, there will be a "gale warning" in the local area, and at least half of the owner's car is smashed and he is responsible for not paying attention to the gale warning prompt and then taking preventive measures.

3.Hit by what? Is it a falling object from a tall building or a green tree on both sides of the road? If the wind is not too strong and the vehicle is damaged by trees or other roadside objects, it means that the property is negligent in arboriculture or fixing the fixtures and should be held liable.

4.If the damage is caused by a strong wind, it is a force majeure factor, the property should not be held liable, and the owner should take insurance.

1. Is the property responsible for the fall of a tree in the community and the car smashing?

1. Whether the property is responsible for falling down a tree in the community and hitting the car depends on the specific situation, and the specific circumstances are as follows:

1) If the tree is blown by the wind, the tree is broken and smashed due to force majeure, and if the vehicle is insured, the insurance company shall bear the liability for compensation;

2) If there is no insurance, the car owner is responsible for it;

3) If the tree is broken and the vehicle is smashed due to maintenance and management errors, then the management of the tree shall compensate for it, and the owner of the tree shall be jointly and severally liable for compensation.

2. Legal basis: Article 17 of the Property Management Regulations.

The management agreement shall stipulate in accordance with the law the use, maintenance and management of the property, the common interests of the owners, the obligations that the owners should perform, and the responsibilities that should be borne in violation of the management regulations.

Management regulations shall respect social morality and must not violate laws or regulations or harm the public interest.

The Management Agreement is binding on all owners.

Second, how to apply for insurance if the tree falls and the car is smashed.

1. Do not move the vehicle, and report to the insurance company within 24 hours;

2. Open a meteorological certificate or leave a relevant ** report as proof of claim;

3. After receiving the report, the insurance company will arrange staff to investigate the scene and take pictures of the damage to the vehicle;

4. Provide the staff with ID cards, motor vehicle driving licenses, copies of motor vehicle driving licenses, and bank cards, and the staff need to take pictures for use;

5. The staff will notify the owner of the maintenance location, and the cost will be paid by the owner himself, and then the insurance company will transfer the cost to the owner's bank card;

6. Before the owner sends the vehicle to the maintenance agency or 4S shop for maintenance, the important items in the car are put away, and the car is handed over to the maintenance agency when the car is handed over to the documents.

Legal analysis: If the tree in the community smashed the car, if it is caused by improper property management, the property is responsible, but if it is caused by natural factors, such as tornadoes and other force majeure factors, the property is not responsible for the loss here.

Legal basis: Property Management Regulations

Article 55: When there are potential safety hazards in the property, endangering the public interest and the lawful rights and interests of others, the responsible person shall promptly repair and maintain it, and the relevant owners shall cooperate. If the responsible person does not perform the maintenance obligation, with the consent of the owners' general meeting, it can be repaired and maintained by the property service enterprise, and the cost shall be borne by the responsible person.

63rd in violation of the provisions of these Regulations, any of the following acts, by the local people's ** real estate administrative departments at or above the county level shall be ordered to rectify within a time limit, give a warning, and in accordance with the provisions of the second paragraph of this article shall be fined; The proceeds shall be used for the maintenance and maintenance of the common parts of the property and the common facilities and equipment in the property management area, and the remaining part shall be used in accordance with the decision of the owners' general meeting

A) unauthorized change in the property management area in accordance with the planning of the construction of public buildings and common facilities;

2) Unauthorized occupation or excavation of roads and sites in the property management area, harming the common interests of the owners;

3) Unauthorized use of common parts of the property, common facilities and equipment for business.

Where individuals have any of the conduct provided for in the preceding paragraph, a fine of between 1,000 and 10,000 RMB is to be given; Where units have any of the conduct provided for in the preceding paragraph, a fine of between 50,000 and 200,000 RMB is to be given.

Legal analysis: whether the car was smashed by a tree in the community and whether the property is liable depends on the situation. If it is because there is a mistake in the property management, then the property must bear the corresponding responsibility; However, if it is caused by natural factors, such as tornadoes and other phenomena, then the property is not responsible, and the owner must bear the corresponding losses.

Legal basis: Article 287 of the Civil Code of the People's Republic of China The owner has the right to request the construction unit, property management service enterprise or other managers and other owners to bear civil liability for the infringement of their legitimate rights and interests.

should bear the corresponding liability.

Responsibility should be taken.

Legal analysis: If the tree in the community smashed the car, if it is caused by improper property management, the property is responsible, but if it is caused by natural factors, such as tornadoes and other force majeure factors, the property is not responsible.

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

Article 942: Property service providers shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, and manage the common parts of the property management service area, maintain the basic order in the property management service area, and take reasonable measures to protect the personal and property safety of the property owners.

For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department and assist in handling it.

Article 943: Property service providers shall regularly disclose to the owners the matters of service, the persons in charge, the quality requirements, the items to be charged, the standards for fees, the performance conditions, as well as the use of maintenance funds, and the operation and income of the common part of the owners to the owners in a reasonable manner, and report to the owners' general meeting and the owners' committee.