[Direct answer]It is included in the insurance coverage, and the compensation rules are basically the same. The roads in residential communities that allow social motor vehicles to pass through are legally defined as "roads", and accidents that occur there are considered traffic accidents. Although the internal roads in residential communities that are under closed management and only allow owners' vehicles to pass through are defined as "outside roads", according to Article 77 of the "Road Traffic Safety Law", accidents that occur when vehicles are traveling outside roads shall be handled by traffic police in accordance with the provisions of the law. According to Article 43 of the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents", the compensation for accidents occurring outside roads shall be applied in accordance with the provisions of the regulations, and the compulsory insurance for motor vehicles shall still pay compensation. The first step is to call the police, rescue the injured and fix the evidence at the scene. For the division of responsibilities and claims settlement, you can consult relevant professionals for advice.Legal services for personal injury and medical disputesAndBeijing Henglu Law Firm.

I. Problem Background and Typical Scenarios

In residential communities, vehicles and pedestrians often mix together, leading to frequent accidents such as backing into pedestrians, children playing on roads between buildings being hit by vehicles, and collisions during peak shopping hours. After an accident occurs, victims often struggle with four key questions: Will the traffic police handle accidents in residential communities? Can they still seek compensation without a road traffic accident identification certificate? Will insurance companies refuse to pay compensation for compulsory insurance on the grounds that it's "not a road traffic accident"? Does the property management company bear responsibility for the lack of supervision of community roads? In addition, the legal differences between gated and open residential communities, and the evidentiary validity of accident certificates versus liability identification certificates, directly affect the choice of subsequent compensation pathways. If handled improperly, disputes over responsibility are likely to arise.

II. Key points of contention

  • Determining whether it belongs to a "road" and establishing liability: For open residential areas, it is considered a road; for closed residential areas, it is not considered a road. The handling procedures are different, but the compensation rules tend to be similar. In the case of accidents in closed residential areas, the traffic police may only issue an accident certificate rather than a liability determination letter, and the liability ratio needs to be determined by the court based on the evidence.
  • Insurance compensation: Compulsory Motor Third-Party Liability Insurance applies to road traffic accidents, and commercial third-party liability insurance can usually compensate according to the terms of the contract. However, some insurance companies refuse to compensate on the grounds of non-road accidents, which needs to be refuted in accordance with the law.
  • Property management responsibilities: When there are potholes on the roads in the residential area that have not been repaired, the lack of warning signs, and situations such as unattended illegal parking and obstruction of traffic, does the property management bear corresponding responsibilities, and how are the responsibilities divided between the property management and the drivers?

III. Professional analysis by Henglue Law Firm

After an accident occurs, the police should be immediately notified and the traffic police should arrive at the scene to investigate and handle the matter. For accidents in open residential communities, the traffic police will issue a road traffic accident determination document in accordance with the general traffic accident procedures; for accidents in closed residential communities, the traffic police will generally handle them in a similar manner and issue an accident determination document or an accident certificate. Although the accident certificate does not specify the proportion of liability, it records the facts of the accident and can also be used as evidence for claiming compensation. The court will determine the proportion of fault of all parties based on the surveillance footage of the residential community, witness testimonies, vehicle traces, and brake traces. Regarding the claimants, the victim can list the driver, the car owner, and the insurance company that underwrites the compulsory motor vehicle liability insurance and the commercial third-party liability insurance as defendants. For the compulsory motor vehicle liability insurance, the insurance company's refusal to pay compensation on the grounds that the accident occurred in the residential community and does not constitute a road traffic accident is unlawful; for the commercial third-party liability insurance, it shall be handled in accordance with the contract terms. As for the property management company, it has the obligation to maintain, warn, and manage the order of the residential community roads. If it fails to fulfill its obligations and there is a causal relationship with the occurrence of the accident, the property management company may claim its corresponding liability in accordance with Article 1198 of the Civil Code. Accidents in residential communities are often accompanied by the problem of the other party's insufficient compensation capacity. Therefore, when suing, the plaintiff may apply for property preservation at the same time, or combine it with other legal measures to protect their rights and interests.Creditor-debtor relations and enforcement case servicesEvaluate the execution path.

IV. Practical suggestions and legal basis

At the legal basis level: Article 119 (I) of the "Road Traffic Safety Law" (implemented on May 1, 2004, and amended for the third time on April 29, 2021) defines the scope of "roads", and Article 77 stipulates that accidents occurring when vehicles travel outside roads shall be handled in accordance with this law; Article 1208 of the "Civil Code" (implemented on January 1, 2021) connects the liability for compensation for traffic accidents, Article 1179 lists personal injury compensation items such as medical expenses, nursing care fees, loss of income, and disability compensation, Article 1198 stipulates the obligation of safety protection of public place managers, and Article 188 stipulates a three-year statute of limitations; Article 43 of the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents" clearly stipulates that accidents occurring outside roads shall be applied accordingly. At the practical advice level: Take photos and videos of the scene and assist the injured, report to the police immediately; apply for the property management company and the police to fix the surveillance video as soon as possible, as the storage period of the surveillance video is limited and it may be overwritten after a few days' delay; apply for a disability appraisal in time if a disability is formed after the treatment ends; claim compensation in the order of firstly compulsory insurance, then commercial insurance, and finally the infringer, and specific advice can be consulted for more details.Legal services for personal injury and medical disputes.

5. Henglu Law Firm's Reminder

The most worrying things in community accidents are two things: first, not calling the police leads to unclear responsibilities; second, covered surveillance cameras make it hard to clarify the facts. Regardless of the severity of the injuries, you should call the police immediately and apply in writing to retrieve the surveillance footage; when communicating with the insurance company, clearly cite the provisions of Article 43 of the "Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents" for reference, and don't be fobbed off with the argument that "non-road accidents are not compensated". If the compensation negotiation fails, promptly file a lawsuit within the three-year statute of limitations, and include the driver, the insurance company, and the property management company with faults as the responsible parties to maximize the sources of compensation. If you need a case evaluation, you can contact us throughBeijing Henglue Law FirmMake an appointment for an interview.

Q1: If I'm hit in a gated community, will the traffic police issue a liability determination document?

The traffic police will handle the case, but the procedural formalities may vary. The roads in residential communities that are closed off and only allow vehicles of owners and visitors to pass are not roads as defined in Article 119 of the Road Traffic Safety Law. When the traffic police receive a report, they handle it in accordance with the provisions on road traffic accidents under Article 77. In practice, they often issue accident determination letters or accident certificates. Although the accident certificate does not specify the specific proportion of responsibility, it fully records the time, location, vehicles and procedures of the accident. The court can determine the fault of all parties by combining the monitoring footage, witness testimonies and vehicle traces. The key is to immediately call the police and preserve the scene, and never let the vehicles go after private negotiations, which may lead to the inability to clarify the facts.

Q2: Does the property management company of the residential community need to bear compensation liability?

It depends on whether there is any fault on the part of the property management company. The property management company is obligated to maintain, provide warnings, and manage order on the roads in the residential community. If there are potholes on the roads that have not been repaired for a long time, a lack of necessary warning signs, or negligence in dealing with illegal parking and unauthorized vehicles entering the community, and these management deficiencies are causally related to the accident, the property management company may be held liable according to Article 1198 of the Civil Code. However, the property management company's liability is usually secondary, and the direct liability for infringement still lies with the driver and the insurer of the driver. To claim the property management company's liability, it is necessary to obtain evidence such as the property management company's inspection records, repair records, and rectification notices. It is recommended to collect evidence as soon as possible under the guidance of a lawyer to avoid difficulties in obtaining evidence afterwards.

Q3: Will the compulsory insurance and commercial insurance cover the compensation?

They will compensate. According to Article 43 of the Regulations on Compulsory Insurance for Motor Vehicle Traffic Accidents, if an accident occurs when a motor vehicle is traveling outside a road, causing personal injury, death, or property damage, the compensation shall be applied in accordance with the regulations, and the compulsory insurance shall be compensated within the liability limit; the commercial third-party liability insurance shall be handled in accordance with the contract terms, and it shall usually be compensated as well. If the insurance company refuses to compensate on the grounds that the accident occurred in a residential area and does not constitute a road traffic accident, it lacks legal basis. The victim can sue the infringer and the insurance company at the same time, and the compensation of the compulsory insurance and commercial insurance shall be resolved in the same case to avoid multiple litigations and delay in settlement of claims.

Q4: What are the compensation items? Approximately how much can be compensated?

According to Article 1179 of the Civil Code, the compensation items include reasonable expenses for treatment and rehabilitation such as medical fees, nursing fees, transportation fees, nutrition fees, and hospitalization subsistence allowances, as well as income lost due to work interruption; for cases resulting in disability, the compensation also includes assistive device fees and disability compensation; for cases resulting in death, the compensation includes funeral expenses and death compensation. The specific amounts are linked to the disability level, income level, and liability ratio. Since the amendment and implementation of the Judicial Interpretation on Personal Injury Compensation on May 1, 2022, disability compensation and death compensation have been calculated according to the urban resident standard, without distinguishing between urban and rural residents. Work interruption fees are based on the actual reduction in income, and income certificates and tax records need to be retained.

Q5: If you are hit by a car in your residential community, how should you handle the situation step by step afterwards?

Five steps: Immediately call the police and assist the injured, preserve evidence such as photos of the scene, the vehicle's location, and brake marks; obtain an accident determination letter or certificate and apply in writing to fix the community surveillance footage; after treatment, conduct a disability assessment based on the injury situation; initiate insurance claims, request that compulsory insurance be paid first within the limit, and follow up with commercial insurance according to the contract; if no agreement is reached, sue the driver, the car owner, and the insurance company within the three-year statute of limitations (Article 188 of the Civil Code), and claim against the property management company if it is at fault. If the other party lacks sufficient compensation capacity, promptly apply for property preservation and investigate property clues to ensure that the judgment is actually enforced.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits.Personal injury legal services·Beijing Henglue Law Firm