What to do if the car is scratched in the community

The car was scraped in the community and looked for property disposal.

1. The car is parked in the parking space purchased by the owner himself, and the parking space management fee is paid every month. Some owners purchase the right to use the parking space at one time for the convenience of parking. In addition to the investment in parking fees, there is also a monthly parking space management fee.

If the perpetrator cannot be found, should the property pay for the scrap that occurs in this case? There are many owners who believe that since they have paid the parking space management fee, the property should obviously have the obligation to take care of the vehicles on the parking space, and the property should be responsible for the negligence of the management of the vehicle and the vehicle. The "Detailed Rules for the Implementation of the Measures for the Administration of Property Service Charges in Wuhan" adopts the title of "vehicle parking service fee", which is commonly referred to as the parking space management fee, which is defined as "vehicle parking service fee".

It refers to the labor, raw and auxiliary material costs incurred in the maintenance of site equipment and facilities, related roads and management in the designated parking lot (including indoor garage). Obviously, the fee is only for the maintenance of the parking space, and does not include the obligation to ensure the safety of the vehicle. Of course, it also depends on whether the property service contract or parking space purchase contract signed between the owner and the property management company stipulates the obligation of custody and care for the parking, and if the custody obligation is agreed, the property management company shall be liable; Otherwise, the property management company only undertakes the daily maintenance obligation of the parking space, and is not responsible for the vehicle being scratched.

2. The car is parked in the fixed parking space of the community and the fixed parking fee is paid every month. In this case, it depends on whether the monthly parking fee to be paid in the agreement is a parking space rental fee or a storage fee, if it is a storage fee, the property management company should be liable for compensation, and if it is a rental fee, it is not liable for compensation. In the case of no agreement or unclear agreement, according to the Contract Law

Article 365 stipulates that "a custody contract is a contract under which the custodian takes custody of the deposited goods delivered by the depositor and returns the goods", and Article 367 stipulates that "the custody contract shall be concluded upon the delivery of the deposited goods, unless otherwise agreed by the parties", and the custody contract is a contract of practice.

Its establishment requires not only the agreement of the parties to express their intentions, but also the most important thing is that the vehicle owner delivers the vehicle to the custodian and is actually controlled by the custodian. In practice, the owner who pays a fixed parking fee every month can drive the car away at any time with the car key, and the actual control is still in the hands of the owner himself, and is not controlled by the property management company, so the property is not liable for the damage to the vehicle.

3. The car is temporarily parked in the community, and the parking fee is not paid or the fee is paid according to the duration. If the car is temporarily parked in the community and is scratched, if the parking fee is paid according to the time, whether the property needs to be liable. This is controversial in practice, and in this case a written agreement is generally not signed, only at the entrance of the community by a unified public sign, generally 2-5 yuan per hour.

The author believes that from the perspective of the equivalence of rights and obligations, a few dollars per hour is obviously not enough to bear the obligation to protect each vehicle from any damage. Therefore, the author prefers that the fee in this case is only a parking fee, not a storage fee. In addition, in the case of non-payment of parking fees, the property management company will not be liable for any damage to the vehicle.

In recent years, the development of automobiles is very rapid, many car owners are also equipped with their own cars, but there are many cars, the problem of parking spaces has become a difficult problem to solve, and even the vehicles are scratched in their own communities, which is how we should deal with it correctly?

The car is scratched in the community to deal with method 1: if it involves property and life safety issues, it is recommended to call the police first. Don't blindly think about the car being scratched and looking for insurance reimbursement, we can't let the offender easily evade responsibility, we need to use the whip of the law to give a profound lesson.

Of course, you can also apply for insurance, and you may have to bear 30% of the responsibility.

The car was scratched in the community treatment method two: access to the dash cam, the dash cam can not only prevent accidental contact with porcelain, but also find the car was scratched first-hand information, is a strong evidence of rights protection, so we buy a new car in the community is best to install a dash cam.

The car was scratched in the community to deal with the third method: to call up the monitoring around the community, now the more formal community will be equipped with a complete monitoring system. However, it is not possible to retrieve it if you want to, it is best to call the police first, so that it is more secure to call the monitoring of **.

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In accordance with Article 83 of the Regulations on Procedures for Handling Road Traffic Accidents, if an accident occurs when a vehicle passes outside the road, the traffic management department of the public security organ receives a report, and it shall be handled with reference to these provisions. Therefore, the rapid handling procedure for traffic accidents in the event of a vehicle scraping accident in the community is applicable.

1) Report the case in a timely manner.

In addition to reporting the incident to the traffic management department, it is also necessary to report the incident to the insurance company within 48 hours.

2) Assess the loss to the insurance company of the main responsible party.

For accidents between the two parties, it is necessary to call the traffic police station, and the traffic management department will determine the respective responsibilities of both parties and issue a relevant liability determination letter. After that, the main responsible party will report the case to the insurance company, and both parties will go to the insurance company to assess the loss.

3) Provide complete supporting documents.

After reporting the case, the insured company shall be provided with complete certificates or documents. Includes: the original policy in force; ID card of the insured; Insured vehicle driving license; The driver's license of the driver at the time of the accident; If it is a road traffic accident, the accident certificate issued by the traffic management department shall be provided; If it is a non-road traffic accident, the corresponding accident certificate shall be provided; A list of losses incurred as a result of the accident and related expense documents.

4) Submit claim documents in a timely manner.

After the accident is handled, the claim documents shall be submitted within the prescribed time limit. After the above procedures are completed, you can go to the insured's insurance company or an automobile repair factory with damage assessment qualifications to take pictures, assess damages, and make claims. Once the damage has been assessed, the damaged vehicle can be repaired.

After the accident is handled, the claim documents will be handed over to the insurance company within 10 days, and the insurance company will handle the claim procedures.

In short, dealing with traffic accident disputes is a complex process, and practice has proved that a lawyer with certain legal knowledge and work experience can not only prevent legal disputes, but also better resolve legal disputes, avoid or reduce economic losses to the greatest extent, and effectively protect the legitimate rights and interests of citizens and legal persons.

Legal analysis: If the scratch occurs in the community, it is generally handed over to the police station to crack the edge. According to the laws of our country, the property management company provides the corresponding services in accordance with the provisions of the service burial contract, and if the owner's car is scratched and the property is damaged, the property management company needs to bear the compensation.

However, as far as the current situation is concerned, most property companies will not bear this compensation.

Legal basisRegulations on the Implementation of the Road Traffic Safety Law of the People's Republic of China Article 91 The traffic management department of the public security organ shall determine the responsibility of the parties to the traffic accident according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault.

1. What should I do if the car parked in the community is scratched?

1. The treatment method for the car parked in the community is scraped as follows:

1) If the owner of the motor vehicle and the property management company sign a parking management service contract, and the vehicle is damaged or stolen due to the property company's failure to perform its obligations in accordance with the contract, the property management company shall bear the civil liability agreed in the contract;

2) If the injured party is found, the injured party shall compensate;

3) If the motor vehicle has scratch insurance, the insurance company will compensate if the damaged party is not found;

4) The owner and the property company have not signed a parking service management contract, and the vehicle owner is responsible for the damage.

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.

2. What are the responsibilities of the property?

1. Property maintenance management, management of housing safety and quality, management of housing maintenance technology and management of housing maintenance construction;

2. The management of property equipment, the property equipment that needs to be managed mainly includes water supply and drainage equipment, gas equipment, heating equipment and ventilation equipment, electrical equipment, etc.;

3. Property environmental management, the property management company has the obligation to manage the environment of the residential community;

4. For the safety of property management, the property management company shall take various measures to ensure the personal and property safety of owners and housing users;

5. Contact the relevant affairs of public municipal facilities and public utilities, and if the property management company does not fulfill its responsibilities, it can reflect the situation to the relevant departments.

Legal analysis: According to the relevant laws and regulations of our country, if the car is parked in the community, if the other car owner is at fault and causes damage to his vehicle, the other owner shall bear the corresponding tort liability and be liable for the damage to the vehicle.

Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.

If the car is scratched in the community, you can negotiate with the perpetrator to solve it first. For repairs, it is necessary to insure. If you can't find the perpetrator, you can call the police or call the squad leader to find it.

First, take the insurance process:

1.Do not move after finding that the vehicle is scratched, and then call the insurance company as soon as possible, and the staff of the insurance company will go to the scene to investigate.

2.After the insurance company employees go to the scene to investigate and collect evidence, they negotiate with the owner, the perpetrator, the repair shop, the insurance company, etc. to determine the damage.

3.The car owner and the insurance company collect the materials required for the claim according to the specific circumstances of the accident.

4.The insurance company will review the materials, and after the review is successful, the insurance company will directly transfer the money to the insurer's bank account.

Second, the acquisition of monitoring methods:

2.If there is no dash cam in the car, the perpetrator can be found through the public security monitoring in the community, the monitoring of the accessories store or the dash cam of other vehicles, and then collect evidence for police processing.

3. Precautions for parking in the community:

1.If there is a garage or parking space, try to park your car inside to prevent unnecessary trouble.

2.If you need to park your car outdoors for special reasons, be sure not to obstruct traffic and leave your mobile phone number.

4.How to repair a car after it is scratched:

1.If the car is slightly scratched and the sail is damaged, only the paint surface is damaged, you can directly treat it with a touch-up pen, and then wax and polish the vehicle.

2.If the car is badly scratched, you need to go to the garage or 4S shop, ask a professional to do sheet metal and repaint.

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Pacific Auto Network] Check the surveillance footage to find the perpetrator. If you can't find it, you will be covered by the insurance company, provided that you have scratch insurance and can park your car somewhere else.

The car was scratched by both parties, and it was necessary to call the police to deal with it, and the traffic police would issue a letter of responsibility when they arrived. Then, according to the liability determination, call the insurance company to report the case. (If only one party is fully liable, only the fully responsible party needs to report to the insurance company that the case is insured).

The surveyor sells the mountain to the scene to investigate and take pictures to assess the damage, and compensates for all maintenance costs according to the actual loss.

Accident report: call the insurance company ** to report the accident or call 110 to report the accident, and carry out the follow-up treatment of the accident according to the information of the insurer;

Accident investigation: The insurance company's surveyor assists the insurer in investigating the cause, nature, liability and loss of the accident;

Claim application: According to the type of loss in the case, collect the materials required for the claim and submit it to the insurer for the claim;

Compensation collection: After verifying the accident and claim materials, the reimburser will compensate the insured according to the insurance contract;

Photo by Lu Liting of Pacific Automobile Network).