How to identify the responsibility of the lifting rod for hitting the car

It should be the responsibility of the parking lot. According to the relevant laws and regulations, if the vehicle is hit by the lifting rod of the parking lot, causing damage to the vehicle, the manager of the parking lot should be liable for the loss of the vehicle. The "free parking" provided by shopping malls, restaurants and other consumer places should be the supporting services provided by merchants to customers, which belongs to paid commercial activities. In this case, the parking lot cannot be defined as a free parking lot, and it should bear the corresponding compensation responsibility for the loss of parked vehicles.

1. How does the parking lot system determine the responsibility of the brake landing rod for hitting the car?

Your car is under the brake lever. Did the pole hit your car actively, or did your car hit the brake lever actively? If you hit a telephone pole, it's your responsibility. If the pole hits you, it is the owner of the gate, that is, the responsibility of the property. It's best to have video surveillance or something to check the actual reason on the spot.

According to Article 6.2 of the Technical Requirements for Access Control System GA-T394-2002- Industry Standard, the safety requirements for access targets: any part of the system, any action of the system and any operation of the system should not endanger the safety of access targets, site managers and operators.

This means that no matter how you operate this system, it can't endanger the safety of your car when it passes.

In addition, according to the Technical Standard of Electric fender for Vehicle Entrance and Exit GA/T1132-2014, there are release status and prohibition status. As long as the pole is not broken, it is the responsibility of the property.

Second, who will bear the responsibility for the car being hit by a car?

The driver should bear the main responsibility for the vehicle being smashed by "following the pole". If the property has set a warning and the driver ignores the warning of "follow the telephone pole";

Legally speaking, the driver is subjectively at fault. If he violates the warning knowing that there will be consequences of the collision, he should bear the consequences himself. The loss of railings caused by "following the pole" should also be borne by the driver.

According to Article 165 of the Civil Law of People's Republic of China (PRC), if the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.

If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.

Legal basis: Article 1253 of the Civil Code of People's Republic of China (PRC). If buildings, structures or other facilities and their shelving and hanging objects fall off and cause damage to others, and the owner, manager or user cannot prove that he is not at fault, he shall bear tort liability. After compensation, the owner, manager or user, if there are other responsible persons, has the right to recover from other responsible persons.