Is it the responsibility of the property to be hit by a car parked in a residential parking space?

If the behavior of charging parking fees between the property management company and the owner in this case cannot be regarded as a custody contract, and the property management company can prove that it is not at fault for the owner's vehicle damage, it will not bear corresponding responsibilities.

Although the property has designated parking spaces and charged fees, it has formed a custody contract relationship with the property. But the parking fee ≠ storage fee.

China's "Detailed Rules for the Implementation of the Measures for the Administration of Property Service Charges" stipulates in the third paragraph of Article 7: "The vehicle parking service fee refers to the cost of labor, raw and auxiliary materials for the maintenance of site equipment and facilities, related roads and management in designated parking lots (including indoor garages)", and the charges of this nature do not include the storage fee of vehicles.

Custody contract is a contract in which the depositor keeps the deposit delivered by the depositor and returns it. In judicial practice, it is difficult to regard the parking fee without special agreement as a custody contract. If the behavior of charging parking fees between the property management company and the owner in this case cannot be regarded as a custody contract, and the property management company can prove that it is not at fault for the owner's vehicle damage, it will not bear corresponding responsibilities.

Secondly, because the loss of the owner's private car is caused by the collision of other vehicles, if the owner of the accident cannot be determined by the public security organ or other means, then according to the relevant regulations, the owner can claim compensation from the insurance company and get 30% compensation.

In the case, we should pay full attention to the fact that parking fees may not form a custody contract, and the relevant legal relationship must be clarified when paying fees to avoid difficulties in safeguarding rights in the event of disputes in the later period.

Extended data:

According to the "Property Management Regulations"

Forty-sixth property service enterprises should assist in the safety work within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work.

The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties in maintaining public order in the property management area and shall not infringe upon the legitimate rights and interests of citizens.

Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.

If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.

Baidu Encyclopedia-Measures for the Administration of Property Service Charges