What to do if the car is scraped 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 Management 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: 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 absence of an agreement or an unclear agreement, according to Article 365 of the Contract Law, "a custody contract is a contract under which the custodian keeps the deposited goods delivered by the depositor and returns the goods", and Article 367 stipulates that "the custody contract shall be established upon the delivery of the depository, unless otherwise agreed by the parties", the custody contract is a practical contract, and its establishment requires not only the agreement of the parties. And most importantly, the owner of the vehicle must deliver the vehicle to the custodian and have the custodian actually control it.

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.

Find the property to strengthen the management of this area, so that the property can assess whether there is a need for more patrolling and guidance. 2.Call the police, wait for the traffic police to deal with it, and then take insurance. However, the general insurance company will only pay 70%, unless you buy it without deductible.

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 **.

If this happens and the property refuses to provide you with surveillance, you can call the police directly, as this is a civil dispute and the police can intervene.

It seems that you can only find a property, and the general property should be able to be monitored.

The car was scratched in the community. There is no way to deal with it. You can apply for paint insurance, but you don't seem to know if there is such insurance. Another thing is to be careful. Don't change parking lots too often, and don't park your car in places where other people tend to get clogged.

Call the police, the property will definitely cooperate with the police, if the property is not monitored, sue the property management problem.

If the car is scratched in the community, you should directly find the property to deal with it, and under normal circumstances, the property will be responsible for compensation.

Contact the property, and then call up the um, monitor to see which day the car was scraped down, find the person or owner of the trailer, and then contact the owner, and the two sides will make peace.

What kind of property, then keep complaining to him, teach him what to do with the property fee every day, and raise him in vain.

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1. Can the traffic police deal with the car being scraped in the community?

1. The car was scraped in the community, and the traffic police could not deal with it. Because the road in the community does not belong to the road, so for the scraping accident in the community, the police will generally not intervene, it is a civil dispute, which is resolved by the parties through negotiation, and if the negotiation fails, a civil lawsuit is filed, and the court will make a judgment in accordance with the law to resolve the dispute caused by the scraping.

2. Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law shall apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations on the basis of property and personal relationships.

Article 122.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

2. What are the responsibilities of the traffic police.

The duties of the traffic police are as follows:

1. Investigate and deal with road traffic violations and traffic accidents in accordance with the law;

2. Maintain urban and rural road traffic order and highway public security order;

3. Carry out motor vehicle safety inspection, license issuance and driver assessment and certification;

4. Carry out road traffic safety publicity and education activities.

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.

Legal Analysis: Won't be processed. Because the road in the community does not belong to the road, so for the scraping accident in the community, the police will generally not intervene, it is a civil dispute, which is resolved by the parties through negotiation, and if the negotiation fails, a civil lawsuit is filed, and the court will make a judgment in accordance with the law to resolve the dispute caused by the scraping.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

The car was scraped in the community, and the traffic police were able to deal with it. If the car is found to be scratched, but the vehicle that caused the accident cannot be found, the owner should call the police as soon as possible, and the traffic police will find the person responsible. If the traffic police Biyou finds the person responsible, it is very simple, and the other party will compensate for it.