The car was smashed in the community and the property shirked its responsibility. What should we do?

If a car is smashed in the residential area, you can sue the property management company, because the property management company has the responsibility to take care of the car parked in the residential area and should bear the liability for compensation commensurate with its fault within the scope of management responsibility.

Legal analysis

If the car is damaged by others, and a custody contract or a property service contract is signed with the property company, and the owner's vehicle is damaged within the service management scope of the property company, the property company shall bear the compensation clause (recover from the actual infringer afterwards), and the property company shall bear the liability for compensation.

If there is no such situation, if the owner's vehicle is damaged in the parking space and parking lot, and the property management company proves that it has no intention or gross negligence, it will not be liable for compensation. The property whose car was smashed in the community has the responsibility, and the property has the management responsibility under the following circumstances; 1, the vehicle was parked in the monitoring area, but due to the monitoring function, the property of the judicial organ was confirmed. 2. The vehicle is parked in the line of sight of the doorpost or the parking lot doorpost. If the parking place of the vehicle is not within the line of sight of the monitoring, doorpost and parking post, the property management company will not be liable for compensation in principle, because it is generally stipulated in the property service contract that property security is only to coordinate the order and is not responsible for vehicle management, loss, damage and storage. It sounds unreasonable, but in fact, in the distribution and use of property fees, there is no property trust, and property companies have no law enforcement power. Of course, in the case that the monitoring agreed in the contract is ineffective, the personnel are not fully deployed or the personnel are vacant, the property management company is responsible, but it is not fully responsible. To determine whether the property needs to be responsible, we must first understand what is agreed in the parking fee contract. Custody contract is a contract in which the depositor keeps the deposit delivered by the depositor and returns it. A lease contract is a contract in which the lessor delivers the lease item to the lessee for use and income, and the lessee pays the rent. Remind the owner that when signing a contract with the property, please read the terms of the contract carefully, clarify the rights and obligations of both parties, and avoid disputes arising from different understandings of the nature of the contract.

legal ground

Article 937 of the Civil Code of People's Republic of China (PRC) is a property service contract in which the property service provider provides the owners with property services such as the maintenance of buildings and their ancillary facilities, the management and maintenance of environmental sanitation and related order, and the owners pay the property fees. Property service providers include property service enterprises and other managers.