Mercedes-Benz blocked the garage exit, causing the whole garage to be flooded. Does the owner have to bear legal responsibility?

For self-interest, the parties parked their vehicles at the only exit of the public parking lot, which made other vehicles in the garage impassable and eventually soaked in water. This is not only an infringement, but also a violation of the relevant provisions of the Road Traffic Safety Law of the People's Republic of China. At this time, the victim's rights protection can take the following two ways:

The way to file a civil lawsuit requires the infringer to bear the tort liability. However, it is recommended not to go through legal procedures. Any lawsuit is risky, even if the infringement dispute case wins, it may not be able to get money. Think about it, so many vehicles at the crime scene have been soaked. Although the infringer owns a luxury car, can he prove that the party concerned will have such strong economic strength to compensate?

It is suggested that after collecting the audio-visual materials (video, recorded evidence) at the time of the crime, the appraisal opinions related to vehicle loss and other valid evidence, the traffic police department will issue a traffic liability confirmation (the behavior of the parties parking their vehicles at the exit of public parking lots has violated the provisions of the second paragraph of Article 56 of the Road Traffic Safety Law), and then apply for the "subrogation recovery" procedure in their own insurance company. According to Article 60 of the Insurance Law of People's Republic of China (PRC) (Law), an insurance company shall pay the insured in advance according to the insurance contract or the law. Then, the insurance company will file a civil lawsuit with the people's court to recover from the parties. Even if the parties are discredited at that time, it will be between the insurance company and the parties.

The reference materials are as follows:

Law of the People's Republic of China on Road Traffic Safety

Fifty-sixth motor vehicles should be parked at the prescribed places. It is forbidden to park motor vehicles on the sidewalk; However, parking spaces designated in accordance with the provisions of Article 33 of this Law are excluded.

Temporary parking on roads shall not hinder the passage of other vehicles and pedestrians.

Article 119 The meanings of the following terms in this Law:

(1) "Road" refers to highways, urban roads and places that are under the jurisdiction of units but allow social motor vehicles to pass, including squares, public parking lots and other places for the public to pass.

People's Republic of China (PRC) Insurance Law (Law)

Article 60 If an insured accident is caused by damage to the subject matter insured by a third party, the insurer shall subrogate the insured's right to claim compensation from the third party within the scope of compensation from the date of compensation to the insured.

If the insured has obtained compensation from a third party after the occurrence of the insured accident specified in the preceding paragraph, the insurer may deduct the amount of compensation that the insured has obtained from the third party when compensating the insurance money.

The insurer's right to claim compensation by subrogation in accordance with the first paragraph of this article shall not affect the insured's right to claim compensation from a third party for the part that has not been compensated.

People's Republic of China (PRC) Civil Code (Law)

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear 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.

Article 166 Where an actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.

Article 167 Where an infringement endangers the personal and property safety of others, the infringed party has the right to demand the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger.