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TOPIC: Car parked infront of our house scratch by minors

Car parked infront of our house scratch by minors 6 years 11 months ago #85

  • marchie
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Hi Atty Libayan,
Our car was parked in front of our house. It's a townhouse in which we don't have our own garage. we are allowed to park infront of our house.( communal parking ). 6 minors drove a tricycle without the tricycle owners knowledge and scratch our car ( deep and long scratch, 3 panels ). Our car alarmed and the kids run away and left the tricyle. We file a complain for damage of property in the Home Owners because instead of them apologizing of what their kids done and pay the damage, they reacted differently which i never expected. The parents don't want to pay the damage of their kids because its a common parking area/ street parking. We brought this up in the home owners Association but even the Home owners grievance officer is ignorant sa batas nang Pilipinas. and he thinks we are also liable for our car. And he want us to participate on the payment for repainting of the 3 panel scratch by the minor which i think is unreasonable not to pay us for the damage they have done to our property and i don't think It's fair that we participate on paying the damage of our own car. Please enlighten me if may habol po kami because i dont want to raise any conversation with them with out any legal basis. Anong Philippine Governments laws po maggovern sa case namin?

Hope you can help me. and I can also educate our elected officer ( Home Owners of Association ) ang right nang mga Car Owners sa subdivision namin.
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Car parked infront of our house scratch by minors 6 years 11 months ago #88

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Since the people who scratched your vehicle are minors, the ones who will be responsible if ever they are, are the parents.

Now, on who will be liable for the damage, it will depend a lot on what in the nature of the parking lot and your right in parking therein.

The laws that will apply are the laws on torts and damages and parental authority.
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Car parked infront of our house scratch by minors 6 years 10 months ago #238

  • marchie
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Good Evening po Atty. Salamat po sa reply. Yung sasakyan po properly parked po sa harap nang bahay namin in which we are all given the right po magpark sa harap.

Thanks for the help po Atty.
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Car parked infront of our house scratch by minors 6 years 10 months ago #246

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If you cannot agree on who has liability then you can go to the court for its determination.
"Excellence is our Standard..."
Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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