Job Recruitment Website - Property management - Is it responsible for the car being stolen in the parking lot?

Is it responsible for the car being stolen in the parking lot?

Legal analysis: 1. If the parking lot is a paid parking lot, and the vehicle storage fee is included in the charge, then the responsibility for vehicle theft should be borne by the property company. Of course, the owner can also claim compensation from the insurance company. After fulfilling the obligation of compensation, the insurance company will get the right of subrogation for stolen vehicles, that is, the insurance company can recover from the property company;

2. If the parking lot only charges parking space occupancy fee, then the parking lot has no obligation to ensure the safety of vehicles in the parking lot. Even if the vehicle is stolen, the property management company is not responsible;

3. If the parking lot is free, the property management company is not responsible for the theft of vehicles in the residential parking lot.

In the latter two cases, the insurance company has no right to recover from the property company after fulfilling its insurance liability. Parking occupancy fee usually refers to the fee charged by the owner for the road occupation in the residential area, and storage fee usually refers to the fee charged by the parking lot for keeping the vehicles in the parking lot and being responsible for vehicle safety. Whether the parking lot is charged with parking occupancy fee or storage fee can be comprehensively judged from whether the parking invoice is marked, whether the parking lot is marked, and whether a pass is required to enter and leave the parking lot.

Legal basis: Article 897 of the Civil Code of People's Republic of China (PRC). During the storage period, if the deposit is damaged or lost due to improper storage by the custodian, the custodian shall be liable for compensation. However, if the unpaid custodian proves that he has no intention or gross negligence, he shall not be liable for compensation.