Who is responsible for being hit by a railing that is too close to the car?

Drivers should be mainly responsible for the smashing of vehicles caused by heel bars. If the property is warned and the driver ignores the warning, legally speaking, the driver is subjectively at fault. If he violates the warning because he knows the consequences of smashing the car, he should bear the consequences. The driver should also bear the loss of railings caused by heel bars. If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the actor is presumed to be at fault, but he cannot prove that he is not at fault, he shall bear tort liability.

Did you lose the insurance when the car was smashed?

1. If the owner or his relatives intentionally smash the car, it belongs to the scope of auto insurance exemption and will not be settled;

2. If the car was smashed because of an insurance accident, such as a typhoon blowing down a tree and hitting the car, you can use the car damage insurance to settle the claim. If the owner doesn't have car damage insurance, then you can't pay;

3. If the car is smashed because it was stolen, you can use the burglary to make a claim. Theft and rescue are bundled in car damage insurance and sold together. So as long as you buy car damage insurance, you can apply for compensation from the insurance company because the car was stolen and smashed.

Legal basis: Article 165 of the Civil Code of People's Republic of China (PRC).

If the actor infringes upon the civil rights and interests of others due to his fault, 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 166

If the actor causes damage to the civil rights and interests of others, regardless of whether the actor is at fault or not, if the law stipulates that he should bear tort liability, such provisions shall prevail.