What should I do if my car is hit by a falling object in the community?

The car was hit by a falling object in the community. The treatment method is as follows:

1, in this case, the first and most important thing is to call the police, let the police come and deal with it, then see if there is monitoring near the community, and then check the monitoring at the community property. If someone is photographed in surveillance, the police can directly find the person involved and compensate for the subsequent related expenses.

2. If the monitoring of the property is not photographed and no one can be found, it can't be handled. Owners can choose to sue the residential property, put pressure on the property, and then ask the property to investigate and see who threw the object at high altitude. If the property doesn't want to take responsibility, then pursue it one by one.

3. If the owner thinks it is too troublesome to sue, he can also choose to take out insurance, provided that the owner has purchased car damage insurance. Parabolic objects at high altitude are protected by car damage insurance, and the owner can claim compensation from the insurance company, but they cannot be insured without buying car damage insurance.

The filing standards for the crime of throwing objects at high altitude are as follows:

1. The standard for filing a high-altitude parabolic object is that if the victim is seriously injured or killed, the public security organ will file a criminal case;

2. If no one is seriously injured, throwing objects at high altitude only needs to bear civil liability for compensation, and the specific infringer must be determined in the civil liability. If it is difficult to identify the infringer, the whole household may be jointly and severally liable for compensation.

Details of the constitutive elements of the crime of throwing objects at high altitude;

1. Object elements: The object of the high-altitude parabolic crime is the management of public order;

2. Objectively, objects are thrown from buildings or other high altitude, and the circumstances are serious;

3, the main elements: the general subject, the actor has reached the age of criminal responsibility;

4. Subjective aspect: it is intentional, that is, the actor deliberately throws objects from the air. Whoever throws objects from buildings or other heights, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or public surveillance, and shall also, or shall only, be fined.

The criminal punishment for throwing objects and falling objects from high altitude must follow the following three basic principles:

1, principle of legality; To use criminal law to regulate throwing objects at high altitude, we must evaluate them within the scope of the existing crime system, accurately analyze the legal nature of throwing objects at high altitude, and punish them in combination with existing related crimes. If the scope of regulation of existing crimes cannot cover specific parabolic objects and falling objects, it should not be included in the evaluation scope of criminal law and cannot be punished;

2. The principle of presumption of fault; The principle of accountability requires that "no guilt, no responsibility, no crime". That is to say, different from the principle of presumption of fault and the principle of fair liability in civil law, if the act of throwing or falling objects from high altitude is regulated by criminal law, the subjective guilty mentality of the actor must be considered, and it must be intentional or negligent before it can be called a criminal act. If it is caused by force majeure or accidents, even if there is serious damage, the perpetrator cannot be investigated for criminal responsibility;

3. Joint and several liability; Personal responsibility must be adhered to and joint liability is prohibited. This requires that the investigation of criminal responsibility for throwing objects at high altitude must be based on the identification of the responsible person, and the investigation of the case must be intensified to find out the relevant responsible person in time and accurately.

To sum up, throwing objects at high altitude is extremely dangerous, seriously endangering public safety and violating public morality. At the same time, it may also cause environmental damage, destroy the image of the city and destroy the social atmosphere. When punishing parabolic behavior at high altitude, we should follow the principle of legally prescribed punishment for a crime, adhere to the principle of accountability, and adhere to the principle of individual responsibility.

Legal basis:

Article 1254 of the Civil Code of People's Republic of China (PRC).

It is forbidden to throw objects from buildings. If an object thrown from a building or an object falling from a building causes damage to others, the infringer shall bear tort liability according to law; If it is difficult to determine the specific infringer after investigation, in addition to being able to prove that he is not an infringer, the user of the building who may cause harm shall be compensated. After compensation, the user of the building who may cause damage has the right to recover from the infringer.

Property service enterprises and other building managers shall take necessary safety measures to prevent the occurrence of the situations mentioned in the preceding paragraph; Those who fail to take necessary security measures shall bear the tort liability for failing to fulfill their security obligations according to law.

In case of the circumstances specified in the first paragraph of this article, the public security organ and other organs shall promptly investigate and find out the responsible person according to law.