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Who will pay for the car soaked in the underground parking lot?
1. The car in the underground parking lot was soaked by the insurance company and the property was compensated. The specific compensation methods are as follows:
(1) If the owner feels that the property and the developer have not fulfilled their responsibilities and the parking lot is flooded, they can bring a lawsuit to the court;
(2) The insurance company shall be responsible for the compensation for the losses caused by natural disasters of the insured motor vehicle;
(3) If the parking fee is paid to the property company, the legal relationship with the property company is paid custody;
(4) If the property management company neglects to take precautions and fails to fulfill the necessary care or management obligations, resulting in vehicle damage, the property management company shall be liable for damages to the owner.
2. Legal basis: Article 180 of People's Republic of China (PRC) Civil Code.
Those who fail to perform their civil obligations due to force majeure shall not bear civil liability. Where there are other provisions in the law, those provisions shall prevail.
Force majeure is an unforeseeable, unavoidable and insurmountable objective situation.
Second, how to sue the property company
1, determine the court of jurisdiction, and disputes over property service contracts shall be under the jurisdiction of the courts of the defendant's domicile and the place where the contract is performed;
2. The owner should prepare a complaint and bring a lawsuit to the court;
3. The owner should prepare evidence materials to support the litigation request;
4, in line with the conditions for filing, notify the parties to pay the legal fees within 7 days, and file the case after paying the fees;
5. If a court session is arranged, notify the parties of the time, place and undertaker of the court session three days in advance;
6, hearing, announcing the hearing, checking the identity of the parties, announcing the members of the collegial panel, and informing the parties of their rights and obligations;
7. When the judgment is declared and agreed, the parties will automatically perform their obligations as determined in the judgment document.
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