Who is responsible for the loss of vehicles caused by mechanical parking spaces?

Generally speaking, the attribution of legal responsibility is very clear. If the negligent person causes economic losses to the victim, it shall be borne by the negligent person. If the mechanical parking space is broken, who will bear the maintenance cost? Similarly, the negligent person should also bear the responsibility and compensation. According to Chinese laws, the management of mechanical parking spaces is responsible for compensation. Responsibility and compensation shall be borne by the negligent person. Generally speaking, parking spaces can be simply divided into two types, one is able to do property certificates, and the other is unable to do property certificates. According to your reflection, Xiao E contacted a netizen, who said that he now lives in the west area of Qinglinwan. On February 6, 65438, he just parked his car and opened the door to get off, when the mechanical parking space next door suddenly rose. He quickly called the owner of the parking space, but the owner did not stop operating immediately. Eventually the machine went up and the door was flattened because it was too late to close. Afterwards, the insurance company told him that he needed to be held accountable before he could make a claim, so the netizen found the traffic police, police station, street, property, safety supervision and other departments and units. , but they are not willing to be responsible for it. The other car owner is not willing to take full responsibility, so the two sides have been deadlocked.

Regarding the operation of mechanical parking spaces, the relevant person in charge of the special supervision department of the Municipal Market Supervision Bureau introduced to Xiao E: "At present, mechanical parking spaces do not need to be operated with certificates. In addition, if there are more than 50 devices, the relevant management units need to be equipped with special administrators. " Xiao E learned from Wangchun Street that the accident occurred in the fourth phase of Qinglinwan West District. There are 483 mechanical parking spaces in the community, the relevant equipment has passed the annual inspection, and the property is equipped with a safety administrator. After the accident, the property has been involved in coordination, but at present, the two sides have been unable to talk about the responsibility. How to identify the responsibility for the accident is deadlocked. In view of this accident, Xu Jingfang, a lawyer of Zhejiang Yongtai Law Firm, thinks: First of all, according to the General Rules of Safety Specification for Mechanical Parking Lot and General Safety Requirements for Mechanical Parking Equipment, there is no mandatory requirement that the parking equipment manager must operate the equipment for the owner, and there is no provision prohibiting the owner from operating and picking up the car by himself. Moreover, the relevant equipment in this case has passed the annual inspection, and the safety management personnel have not actively operated and entered and exited the vehicle. Property services companies set up safety signs and warning words in eye-catching positions, and the responsibility of property services companies is relatively light or no responsibility. Secondly, the owners of mechanical parking spaces should fully understand the use mode and safety care obligations of parking spaces. When working, people and vehicles in adjacent parking spaces should be observed in advance, and the operation can only be started after it is confirmed. He did not observe the surrounding parking spaces clearly, did not stop after the call, and did not take emergency remedial measures in time, resulting in damage to the vehicle next door, and should bear the main tort liability. Finally, the damaged car owner should pay attention to the surrounding situation after parking and before opening the door, and then open the door after confirming safety. But if he fails to fulfill his duty of care, he should also bear secondary responsibility.

According to the provisions of Article 182 of the Civil Law of People's Republic of China (PRC), if property losses are caused by infringement of the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed or the interests 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.