Job Recruitment Website - Property management company - The car occupy that private parking space was crash.

The car occupy that private parking space was crash.

According to China's General Principles of Civil Law, if a car is smashed after being parked in someone else's parking space, the person who smashed the car shall be liable for compensation. If the person who smashed the car is the owner of the parking space, he should also bear the responsibility, but the responsibility can be reduced.

Private parking spaces are occupied for a long time to safeguard their own rights and interests;

The owner can first investigate the relevant responsibilities of the property company as the garage manager, and at the same time, after obtaining evidence, sue the infringing owner for compensation.

Private parking spaces are protected by property law. As the garage manager, the property company collects the property management fee of the parking space, which means that it has the management obligation to the parking space. If the property company fails to find and stop others from occupying the owner's parking space in time, and there is obvious negligence in the work, it shall bear relevant responsibilities. Owners can ask the property management company to organize forces to tow the vehicle away, and then try to find the owner who occupies the parking space and hold him accountable.

If the damage caused by smashing a car is large enough, it is a crime of intentionally destroying public and private property. If the amount is large or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years. If the circumstances are serious and reach 5,000 yuan, it constitutes the crime of intentionally destroying property and bears civil tort liability.

legal ground

People's Republic of China (PRC) Civil Code

Article 165 The principle of fault liability If the actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear the 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 182 Determination of the amount of compensation for property losses caused by infringement of personal rights and interests. If property losses are caused by infringement of other people's personal rights and interests, compensation shall be made according to the losses suffered by the infringer or the benefits obtained by the infringer. It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.