Just because "I'm a Mercedes and can't be flooded," the entire garage was left to be submerged.

Compiled from: Tencent News, Zhihu
 
Case review
On July 27, the underground parking garage of the Lvdu Yinjun residential community in Zhengzhou was flooded due to heavy rain. While vehicles in the garage were being urgently relocated, a Mercedes-Benz blocked the exit of the parking garage. The owners of the blocked vehicles contacted the owner of the Mercedes-Benz, but no matter how they negotiated, the other party refused to move the car, ultimately causing a large number of vehicles in the parking garage to be flooded.

 
 

According to a video posted by netizens, the Mercedes-Benz owner was present at the scene. The blocked car owners pleaded with her to move the car and clear the exit, but she argued that the vehicle could not be moved. When someone offered to help her move it, she refused. The reason the Mercedes-Benz owner was unwilling to move the car was simple: the parking lot exit was on higher ground, and after parking there, the front of the Mercedes-Benz was noticeably raised, preventing rainwater from overflowing the hood and thus protecting her own car from flooding. The residents at the scene watched helplessly as their cars were gradually submerged by the rising rainwater. The next day, after the rain stopped, all the cars except the Mercedes-Benz were covered in a thick layer of mud.

 
 

 
Civil Code of the People's Republic of China
Article 1165
A person who, through fault, infringes upon the civil rights and interests of another and causes damage shall bear tort liability.
If a person is presumed to be at fault in accordance with the law and cannot prove that he or she is not at fault, he or she shall bear tort liability.
 
Article 1167
If an infringement endangers the personal or property safety of another person, the infringed party has the right to request the infringer to bear tort liability such as cessation of infringement, removal of obstruction, and elimination of danger.

 

 
[1] The author's perspective
1、 Car owners with vehicle damage insurance can claim compensation from the insurance company.
There is an important date to note here: September 19, 2020. The Guiding Opinions on Implementing Comprehensive Reform of Auto Insurance, which officially took effect on September 19, 2020, explicitly states, “the industry shall be guided to add insurance liabilities including theft and robbery of the entire vehicle, separate glass breakage, spontaneous combustion, engine water damage, waiver of deductible, and special agreement for inability to find a third party to the main coverage clauses of the motor vehicle damage insurance under the model motor vehicle insurance products, on the basis of existing insurance liabilities.” In other words, if an auto insurance policy was purchased after September 19, 2020, water damage coverage has already been included and there is no need to purchase it separately; for policies purchased before that date, vehicle owners need to confirm whether they have purchased water damage coverage, otherwise insurance claims cannot be processed.
 
2. The owner of the damaged vehicle may claim compensation from the owner of the Mercedes-Benz S-Class that blocked the road.
Obviously, residents of the community have the right to freely pass through the garage exit. However, the involved Mercedes-Benz owner, to prevent their own car from being flooded, privately parked their vehicle at the community garage exit, preventing subsequent vehicles from exiting the garage. The blocked and flooded vehicles suffered severe damage, and the behavior of the involved Mercedes-Benz owner adversely affected the legal rights of others. This selfish act clearly violates the above legal provisions of the Civil Code.
 
Thus, the damage to the blocked and flooded vehicles was mainly caused by two factors: one is the heavy rainstorm, a natural disaster; the other is the blocking behavior of the involved Mercedes-Benz owner. At this critical moment of the flood, the involved Mercedes-Benz owner, knowing that their blocking behavior would prevent other vehicles from passing and even cause them to be submerged, still engaged in an act intolerable by law. This behavior not only affected others' travel but also caused property damage to others, and she will inevitably pay a heavy price for this reckless and selfish foolish act.