Is the car in the community responsible for being scratched?

Should the property be liable for compensation?

This may be the question of most owners.

Bian Xiao estimates that many owners have survived such a "Fei Huo"

I recently lived in a community on Shangba Road.

Such an unfortunate thing happened to Mr. Liu.

Reflects the scratches on his car.

soon

Bian Xiao came to a residential area on Shangba Road where Mr. Liu lived.

I saw the right front of Mr. Liu's car.

There is a scratch about 10 cm long and about 2 cm wide.

Careful observation shows that scratches are also found at the hub.

When Mr. Liu found his car "injured"

The first thing that comes to mind is monitoring, not looking for property compensation.

When he went to the duty room to adjust the monitoring.

Only then did I know that the location where I parked was a blind spot for monitoring.

(The picture comes from the Internet and has nothing to do with this article. )

According to Mr. Liu's inference

Scratches caused by vehicle collision

Then there should be traces on both cars.

He searched all the vehicles in the community, but found no useful information.

Mr. Liu believes that the owner pays the parking fee and the property has the responsibility to look after the vehicle.

If there are scratches and the responsible party cannot be found, the property shall be liable for compensation.

(Image from the Internet)

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Bian Xiao and Mr. Liu went to the residential property office together.

When Mr. Liu offered to compensate for the property, he was rejected.

The relevant person in charge of the property company said

The owner's car was scratched in the blind area, and they felt very sorry.

Monitoring equipment will be added in the future to ensure that there is no blind spot in the community.

But we really have no responsibility for compensation.

The parking fee paid by the owner is only the parking space rental fee, not the storage fee.

Since it is a parking space rental fee, it is not a custody fee.

Property companies have no obligation to look after vehicles.

Nor does it assume the liability for compensation for vehicle damage.

The vehicle rental fee is only used for the cleaning and order maintenance of the parking lot.

(Image from the Internet)

Mr. Liu and the property management company have their own words.

Should the property be compensated?

Let's see what the lawyer says.

"It depends on how the contract is agreed."

Guo Fenglin, a lawyer from Sichuan Asia Law Firm, told Bian Xiao that whether parking fees belong to "storage fees" has always been a big difference in theory and judicial practice. At present, there is no clear stipulation in our country's laws. In order for the parking lot to bear the compensation for car damage or theft, firstly, it is mainly to prove that the car was scratched or stolen in the parking lot, and secondly, it depends on whether there is a custody contract relationship between the two parties and whether the parking lot has charged a custody fee.

In the property management contract signed between the owner and the property, if there is a clear agreement on the rights and obligations of the vehicles parked in the community, both parties shall handle it in accordance with the agreement in the property management contract. If there is no agreement between the two parties, and the property management company does not indicate the nature of the charge in the remarks column of the charge publicity, the property management company shall bear the custody responsibility.

If the nature of the fee charged by the property management company is rental fee, the owner's vehicle is damaged by others, and the property is not at fault, the property will not be compensated. If the owner pays the lease fee and storage fee, the storage contract between the two parties has been established. In the event of an accident, the property should pay compensation.