Property battery accident

Depending on the situation, in real life, to distinguish the nature of the community, we can not generally think that as long as the vehicle collision occurs in the community, it is not a traffic accident. Only car accidents in non-closed residential areas belong to the category of traffic accidents.

Legal analysis

We believe that in a closed residential area, social vehicles are not allowed to enter, or a car accident occurs in a residential area with strict registration system, which is not a road traffic accident, and the traffic police department has no right to handle it. It should be handled by the police station where the jurisdiction is located according to public security cases. Therefore, when the traffic police department receives a traffic accident report outside a residential area and other roads, it will handle it with reference to the traffic accident handling procedures inside the road. If there is a traffic accident in the community, can I claim compensation from the property? In the judicial field, this issue is still inconclusive. When judging whether the property bears the responsibility, the following factors need to be considered: whether the property service contract clearly stipulates the management responsibility of the property service company for parking and exercising vehicles in residential areas; whether there is evidence to prove that the property service company fails to perform the relevant management responsibilities as agreed; and whether the management fee charged by the property for car parking is parking fee (parking fee) or vehicle care fee depends on the fare, because the owner of the damaged car has evidence to prove that the property management charges vehicle care fee, so he can legally demand compensation from the other party. Therefore, when paying parking fees, car owners should pay attention to whether the back of the bill is a vehicle care fee. If the vehicle is damaged, it would be nice to have a certificate. Generally speaking, there are three ways to solve traffic accidents in residential areas. First, it can be settled through consultation, that is, the people say it is settled privately. Both parties should make detailed records of the time, place, accident form, car damage, car numbers and models of both parties. After both parties sign, it is best to find a security guard or a property manager as a witness, and then claim compensation from the insurance company according to the records of both parties and the testimony of the witness. Secondly, you can ask the community to invite the police who have participated in the survey site to be present, and cooperate with the community management Committee to deal with it according to the relevant road traffic regulations. Thirdly, if the above two methods fail to reach an agreement, or if an agreement is reached but the other party refuses to perform the agreement, it can bring a lawsuit to the people's court on the grounds of damages and solve it through litigation procedures.

legal ground

"Road Traffic Safety Law of the People's Republic of China" Article 77 If the traffic administrative department of the public security organ receives a report of an accident when a vehicle passes outside the road, it shall be handled with reference to the relevant provisions of this law.