DRIVERS could seek compensation from car park management companies if their cars are stolen from car parks, law experts have said.
Although many car parks deny liability for stolen cars in their terms and conditions, such statements constitute a one-sided agreement not supported in law, the Daily Sunshine reported.
Several drivers have won compensation from car park management companies after their cars were stolen, but compensation varies according to individual circumstances.
Drivers whose cars are stolen from car parks in commercial areas, such as shopping malls and hotels, could seek full compensation from the venue as they had established a contract relationship for storage and safekeeping, experts told the Daily.
Those whose cars are stolen from residential or commercial areas could seek compensation for the amount not covered by their insurance, while those whose cars are stolen from unlicensed car parks could seek full compensation from the car park management.
Libraries, hospitals and schools, which provide free parking, are not liable.
Not compensating drivers is unfair and illegal. Drivers can take legal action against the management according to the contract law, said Ou Xiangfu, a lawyer from Guangdong Xingchen Law Firm.
According to provincial regulations, car parks are responsible for the loss or damage to cars parked in their facilities. This includes stores providing free parking to attract customers, Ou said.
Drivers should compile evidence, such as parking receipts or parking cards, proof that they reported the theft to police, as well as the stolen car s certificates and receipts for the car, before seeking compensation, Ou said.
(Wang Yuanyuan)
