"Special heartache"!4 million Bentley was hit by a motorcycle in a parking garage in a community in Hangzhou!Who should the owner look for the property or the motorcycle practice?Lawyer: I can't run away!

Author:Daily Business Daily Time:2022.09.27

What should I do if the car is parked in the community underground garage?

#Men's underground garage practicing motorcycles hit 4 million Bentley#

Today I rushed to Weibo in the same city hot search second

A few days ago, Ms. Zhao from Beijing received a call from Hangzhou Binjiang Traffic Police, saying that her Bentley sports car was hit. This Bentley bought more than 4 million, only to buy strong insurance, driving less than 2,000 kilometers. The car was parked in the underground garage. At that time, someone practiced motorcycles in the garage, causing damage to the vehicle.

In the media interview with Ms. Zhao, you can clearly see that the door of the Bentley sports car was hit with a three or four centimeters long.

The car was bought in May this year. It cost more than 4 million and drove less than 2,000 kilometers. "The car love is destroyed at once, and it is particularly heartbroken." Ms. Zhao said, "Maybe you change me to a new car, so that I can balance it. If you think about maintenance, it takes 500,000 to 600,000."

In the chat records that Ms. Zhao showed and sold to reporters, it can be seen that it takes 250,000 to change the door and 150,000 replacement of the front leaf board.

Ms. Zhao said that the car was hit by a motorcycle of the community tenant, and the traffic police determined that the other party was responsible.

In the video, Manager Zhang of the community property said: "They practiced the motorcycle in the basement for about a few minutes, and they hit the owner's car directly."

The perpetrator said: "Motorcycles are borrowed. Help you repair the car well, you can compensate up to 20,000 yuan. I am not intentional, and there are not so much costs."

In this regard, Ms. Zhao was a bit helpless. She said, "The reason why the new car has not driven such a high price is in this position because of the trust and service of this property. The practice site of scooters and motorcycles has caused our cars to be damaged, so we think that this responsibility is 100 % property. "

物业则表示：“现在地下室只是提供（收取）车位的服务费，我们做日常的照明，还有就像这次交警过来调取，摄像头是完好的。还有一个就是清洁，然后就是巡查，但There is no obligation to keep. "

What should I do now what should I do now?

Lawyer: Responsibility should be determined like this

For the encounter of this Bentley car, netizens have discussed, and most of the netizens sympathize with the owners.

Some people think that the perpetrators and properties should be sued together to court; others believe that the property should first compensate the owner's loss and then find the permanent claim.

So, how is legal responsibility distinction? What should the owner do now? Just now, every reporter connected to Zhejiang Jindao Law Firm partner, Yuan Xinwei.

Attorney Yuan pointed out that in accordance with the Civil Code and the Property Management Law, Bentley owners may consider the objects of the prosecution claims include motorcycle users (tenants), owners (car owners) and property management enterprises.

An accident occurs in an underground garage, and it is also a category of traffic accidents. This case is a motorcycle borrowing person to practice in the underground garage and hit Bentley (has been identified by the traffic police as a full responsibility). However, if the motorcycle owner has a fault for damage, he will also bear the corresponding compensation liability.

As for property management enterprises, it should assist in the security prevention work in the property management area. If the property management enterprise fails to fulfill the agreement of the property service contract and causes damage to the owner's body and property security, it shall bear the corresponding legal responsibility in accordance with the law.

"In accordance with the standards of the province's file, the direct losses of public property or other people's property, all or main responsibilities of the accident, or the ability to compensate for more than 400,000 yuan may be suspected of a traffic accident." Lawyer Yuan specifically pointed out this.