Damaged car in the parking lot - what to do if the car is damaged?

Situations where cars are damaged while they are in the parking lot happen quite often. What should a driver do to get compensation for damage? Let's consider this issue in more detail.

Parking: definition

You can often hear that parking and parking are synonymous. In fact, a parking lot is a place where you can leave a vehicle for a short time, while there may be no charge. That is, if you go by car to a supermarket or a cinema, then leave it in the parking lot.

In such places, you can see signs stating that the administration of the institution or the distribution network is not responsible for the vehicles left by the owners. According to the legislation, only the territory itself is protected, and not the cars standing on it. No one is responsible for the safety of transport and for the contents of the cabin.

If we are talking about paid parking, which appeared in large numbers in Moscow and other cities, then the responsibility lies entirely with the guards, and a receipt or coupon for paying for a parking space is proof of the legal location of the car in this area.

Damage caused: what to do?

There are several types of material damage to the owner of the vehicle:

• force majeure: hurricane, flood;
• hooligan actions;
• traffic accident - a passing car scratched a fender or broke a headlight;
• mismanagement of utilities: a tree fell, a road sign, a pipeline burst.

If the car is damaged due to the action of natural factors that do not depend on anyone's carelessness, then only the owners of the CASCO policy will be able to receive compensation, provided that the Force Majeure clause is specified in the contract. OSAGO does not consider such insured events. If you have CASCO, act according to the instructions: fix the damage, do not remove anything, call the insurance agent. If there is any doubt that the damage assessment will be carried out adequately, please contact the independent expert, whom we recently wrote about.

If a layer of snow has slid down on the car from a neighboring roof or an old rotten tree has fallen, proceed as follows:

• call the police, as this is their area of ​​responsibility, not the traffic police;
• do not touch anything, leave everything as it is until the arrival of the outfit;
• police officers draw up a detailed report describing the damage and the nature of their application;
• You will also receive a certificate of damage.

Automotive portal vodi.su strongly recommends that when signing the protocol, do not agree with the clauses that indicate that you have no claims against anyone or that the damage is not significant for you. Reimbursement is possible only if there is CASCO. If you have only OSAGO, you need to find out which of the services is responsible for this area and require them to pay for repairs.

Public utilities, as a rule, do not admit their guilt. In this case, you need to contact an independent expert to obtain an act on the cost of restoring the vehicle. Then file a lawsuit with the support of a qualified lawyer. In case of victory in the trial, the responsible office will be obliged to pay the costs of repairs, the expert, and legal costs.

The same algorithm is used if the damage was caused by hooligans: the police record the fact and take up the search. In guarded paid parking lots, there is a chance to get compensation from the administration of the shopping center through the courts.

car accident

If the car is damaged by another vehicle entering or leaving, the incident is considered a traffic accident. Your actions will depend on whether you caught the culprit on the spot or whether he fled.

In the first case, the following options are possible:

• with minimal damage, you can disperse amicably without drawing up a European protocol - you just agree on a way to compensate for the damage;
• europrotocol - filled in with damage up to 50 thousand rubles and if both drivers have an OSAGO policy;
• call the traffic police inspector and registration of an accident in accordance with all the rules.

Next, you need to wait until the culprit's insurance company pays the amount of money due.

If the perpetrator fled, this is tantamount to leaving the scene of an accident - Art. 12.27 part 2 of the Code of Administrative Offenses (deprivation of rights for 12-18 months or arrest for 15 days). The injured party calls the traffic police, the inspector draws up an accident, the case is transferred to the police. It is also necessary to conduct your own investigation: interview people, view recordings from surveillance cameras or video recorders, if any.

If, as a result of all the actions of the police and you personally, the culprit was not found, it is very likely that no one will pay for the damage. That is why it is necessary to buy a CASCO policy, as it covers such cases and you are freed from a large number of problems.

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