If the reservoir is flooded, should the owner claim compensation from the property management compan

This year has been a year of abundant rainy season, and in some areas there is a lot of rain that has not been seen in previous decades. Therefore, many communities have been flooded, so if the owner's car is flooded due to too much rainfall, should the owner claim compensation from the property management company? This question to express your opinion:

In the event of an irresistible natural disaster, the property can be exempted from liability <>

When the developer is building the community, it has done a good job of the drainage system in accordance with the national design regulations, and if the acceptance is qualified, in case of disastrous weather, although the arrival of heavy rain can be predicted in advance, but for the low-lying area, the force majeure factors lead to inundation, and the property has also entered the responsibility of reminding in advance, and actively arrange drainage and other work, and finally the vehicle is flooded, the property can be exempted from liability for the flooded car.

Common rainy weather, property negligence backing flooded reservoir, property responsibility <>

If the amount of precipitation is average, just a common rainy weather, and the property fails to inform the owner in advance, after the water has accumulated, the property fails to formulate a reasonable drainage plan in time, and fails to help the owner remove the vehicle that may be at risk of being flooded in time, in this case, the property is responsible. The landlord has reason to claim compensation for the financial loss caused by the negligence of the property work.

What should we do with vehicles that have been flooded? <>

First of all, after the vehicle is flooded, never start the car, but take photos on the spot as evidence of future claims. Then call the insurance company's **, tell the insurance company the location of the car, let the insurance company assess the damage, and then negotiate compensation according to the insurance regulations. After the insurance matters are negotiated, you can contact the rescue of the car 4S shop**, and let the professional maintenance personnel of the 4S shop deal with the problem of the car.

Have you ever had a garage flooded and your vehicle flooded? How the owner and the property negotiate to solve this kind of thing, let's talk about it, and let people who encounter this kind of situation have a reference in the future.

If the reservoir is flooded, the owner of the vehicle should claim compensation from the property management company. Heavy rain does not belong to the force majeure situation in law, although the heavy rain can not be avoided and prevented, but to a certain extent, preventive measures can be taken in advance to prevent or reduce the harm it brings, and the harmful consequences brought by it are not inevitable or completely avoidable. If the developer has problems in the design and construction of the garage and the property management company fails to fulfill its safety and security obligations, the insurance company can first compensate the owner for the maintenance costs, and then claim "subrogation compensation" from the developer and the property management company on behalf of the car owner.

If the owner of the car has not purchased car damage insurance, and it can be confirmed that the developer has problems in the design and construction of the garage, and the property management company has not fulfilled its safety and security obligations, it can claim compensation from the property and the developer.

Yes, the property management company has the responsibility to undertake and maintain the public facilities in the community, so the owner of the garage flooding vehicle can claim compensation from the property.

If it is a natural disaster that causes water in the garage, it is eligible for compensation, but if you try to start the car after the car is flooded, it is artificial damage and cannot be claimed.

Should. Because this is the mismanagement of the property, the owner of the car has suffered losses and should be compensated.

It should be applied to the property management company for compensation, as this is the responsibility of the property management company.

The owner of the car should ask the property company for compensation, because these factors must be taken into account when designing the garage, some precautions should be taken, and measures should be taken immediately when water is found.

1. Is the property responsible for the water in the garage?

1. The responsibility of the garage water property depends on the following circumstances:

1) If the owner's vehicle is flooded or invaded by water due to water leakage and other reasons in the garage, the property shall be responsible for compensation;

2) The property will not compensate for rainwater or other external water sources poured into the underground garage due to natural disasters, such as typhoons, rains and other extremely bad weather.

2. Legal basis: Article 35 of the Property Management Regulations.

Property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Article 36.

When a property management service enterprise undertakes a property, it shall go through the property acceptance procedures with the owners' committee.

The owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management service enterprises.

Second, how to apply for the property right certificate in the garage.

1. Hold the contract for the purchase of the garage, invoices and ID cards and other materials to the trading center;

2. Submit an application for real estate certificate to the trading center; The property owner must fill in the application form, and submit the relevant certificates and certificates for inspection, and if the registration conditions are met after review, it shall be received. That is, to accept the application form, and to store the relevant certificates and certificates that need to be further examined;

3. Pay deed tax, stamp duty, production cost and other taxes and fees according to local standards;

4. After examination and confirmation, the property right certificate can be issued.

Claims are made for the water ingress of the vehicle in the garage. The insurance company shall be responsible for compensating for the loss of the insured motor vehicle caused by natural disasters as agreed. However, if the owner of the flooded vehicle tries to start the engine and causes damage, the insurance company is not responsible for the loss of the engine part.

At the same time, the property company should be liable for damages to the car owner. In addition, the flooding of the garage is also related to the drainage system, and the developer can be required to bear the legal responsibility in the event of a flood.

Article 5 of the Insurance Clause for Motor Vehicle Loss Insurance.

During the insurance period of this contract, the Company shall be responsible for compensation for the loss of the insured vehicle (hereinafter referred to as the insured vehicle loss) caused by an accident in accordance with the provisions of this contract.

Article 13. The total loss sum insured shall be determined by the policyholder and the company through negotiation and shall be stated in the insurance policy, but the total loss sum insured shall not exceed the actual value of the insured vehicle at the time of insurance.

In accordance with Article 897 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021.

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 custodian proves that he or she is not intentional or grossly negligent, he shall not be liable for compensation.

If the garage is flooded or soaked due to a ruptured and leaking water pipe, and the property management company does not notify the owner in time and does not take effective measures to avoid losses, then the property management company needs to be responsible for compensation. If it is caused by force majeure factors such as natural disasters, then the property is not responsible for compensation.