[Legal Analysis].
Roads in residential areas do not fall within the scope of "roads" as defined in the Road Traffic Safety Law. If the vehicle is scratched in the community, it shall be liable for damages in accordance with the tort fault liability in the Civil Code.
According to Article 119 (1) and (5) of the Road Traffic Safety Law, the relevant provisions of the Road Traffic Safety Law and other relevant provisions cannot be applied because the vehicles in the community are scratched because they do not belong to the scope of "roads" stipulated in the Road Traffic Safety Law.
For the scraping accident of the vehicle in the community, it should be dealt with in accordance with the relevant provisions of the tort liability section of the Civil Code. In the event of a scratch on the vehicle, the liability shall be determined according to the degree of fault of both parties to the accident and the amount of compensation for the loss shall be calculated.
[Legal basis].
Article 119 of the Road Traffic Safety Law: "The meaning of the following terms in this Law: (1) "Road" refers to highways, urban roads and places where social motor vehicles are allowed to pass although they are within the jurisdiction of the unit, including squares, public parking lots and other places used for public traffic. (2) "Vehicle" refers to motor vehicles and non-motor vehicles. (3) "Motor vehicle" refers to a wheeled vehicle that is driven or towed by a power unit and driven on the road for passenger use or for transporting goods and carrying out special engineering operations. (4) "Non-motorized vehicles" refers to vehicles that are driven by human or animal power and driven on the road, as well as motorized wheelchairs, electric bicycles and other means of transportation for the disabled that are driven by power units but are designed to meet the relevant national standards in terms of maximum speed, empty mass and dimensions. (5) "Traffic accident" refers to the incident of personal or property damage caused by the fault or accident of the vehicle on the road. ”
Article 1165 of the Civil Code: "Where an actor infringes upon the civil rights and interests of others and causes harm due to his fault, he shall bear tort liability. "Where the perpetrator is presumed to be at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability." ”