Civil Code on Residential Parking Charge

The person responsible for infringement is responsible for scraping the vehicles in the community. If the infringer infringes on the civil rights and interests of others and causes damage, he shall bear the tort liability. The main ways for the infringer to bear the tort liability are: restitution, compensation for losses, apology, etc. According to the relevant provisions of the Civil Code, if the behavior of a third party causes damage to others, the third party shall bear the tort liability. However, the managers of public places have failed to fulfill their security obligations and should bear corresponding supplementary responsibilities.

1. Is there any responsibility for the car being rubbed by the property in the community as follows:

1. towing an uninsured car in an accident will not get any compensation. If the owner drags a vehicle without third-party liability insurance on the road and collides with other vehicles and takes full responsibility, the insurance company will not make any compensation for this;

2. If you hit your own home, you won't lose money. The so-called first and second, refers to the insurer and the insured, in addition to these people, are regarded as a third person. In the insurance clauses, the family members or drivers of the insured are excluded from the scope of the third party. Therefore, if a vehicle hits its home, the insurance company will consider it exempt. Similarly, if vehicles under the same company name collide, they can't get compensation from the third party liability insurance;

3. Equipment installed without permission shall not be compensated. Many car owners will install their own stereo, radio, refrigerator, tail wing or luggage rack after buying a car. In the event of an accident, the insurance company will not compensate for the loss of privately installed equipment. Car owners need to insure their own installed equipment separately;

4. If the lamp or rearview mirror is damaged separately, no compensation will be paid; This clause is made to deal with insurance fraud in some repair shops. In the past, some repair shops often used the replaced broken lights or mirrors to install on other cars of the same model to defraud compensation. On the other hand, because of this exemption clause, many car owners will not get compensation even if they are not careful.

Second, the solution of vehicle scraping in the community is as follows:

1, report the case in time. In addition to reporting to the traffic management department, it is also necessary to report to the insurance company within 48 hours;

2, to determine the loss of the main liability insurance company. For the accidents of both parties, it is necessary to call the traffic alarm desk, and the traffic control department will determine the respective responsibilities of both parties and issue the relevant responsibility confirmation. After that, the main responsible person reported the case to the insurance company, and both parties went to the insurance company to determine the loss;

3. Provide complete supporting documents. After reporting the case, complete certificates or documents shall be provided to the insurance company of the insured. Including the original valid insurance policy, the insured's identity card, the insured vehicle driving license and the driver's license at the time of the accident. If it is a road traffic accident, it shall provide the accident certificate issued by the traffic control department, and if it is a non-road traffic accident, it shall provide the corresponding accident certificate, the list of losses caused by the accident and the relevant expense documents;

4. Submit the claim documents in time. After the accident is handled, the claim documents shall be submitted within the prescribed time limit. After the above procedures are completed, you can go to the insured's insurance company or a qualified automobile specialized factory to take photos, determine the damage and make claims. After the damage assessment is completed, the damaged vehicle can be repaired. After the accident is handled, the claim documents will be handed over to the insurance company within 10 days, and the insurance company will handle the claim procedures.

To sum up, the accident liability caused by vehicle parking in the community is divided according to the role played by the parties in road traffic accidents and the severity of the fault. If the non-parking car is in a stationary state, the driving car in this case should take full responsibility. The parties to the accident are subjectively negligent in the occurrence of the accident, and at least one party is at fault in the process of driving or pedestrians, causing certain personal injuries or property losses, otherwise it does not constitute a traffic accident.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 165 Where an actor infringes upon the civil rights and interests of others through fault and causes damage, he shall bear 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 184 If the property of another person is infringed, the property loss shall be calculated according to the market price at the time of the loss or other reasonable methods.

Article 939 The preliminary realty service contract concluded by the construction unit and the realty service provider according to law, and the realty service contract concluded by the owners' committee and the realty service provider selected by the owners' congress according to law are legally binding on the owners.