Losing a Helmet in a Parking Lot: Who’s Responsible?

Legal Literacy – This article discusses the laws that apply in Indonesia in relation to losing a helmet in a parking lot, as well as the steps that can be taken if your helmet goes missing.

Question:

I just lost my helmet in the parking lot. I reported the loss to the parking lot manager, but they said that they were not responsible for the loss. Is this true? What can I do?

Jawaban:

Losing a helmet in a parking lot is a common occurrence and raises the question of who is responsible for the loss. This article will discuss the laws that apply in Indonesia in relation to losing a helmet in a parking lot, as well as the steps that can be taken if your helmet goes missing.

Previously, Legal Literacy had made a similar article with the title Loss or Damage to Goods in the Parking Lot: Whose Responsibility? Let’s look at the previous article first and then continue specifically in this article.

Parking Manager Responsibilities

The responsibilities of parking managers are regulated in several laws and regulations, among others:

• Article 1365 of the Civil Code (KUHPer)   about tort.
• Article 1706 of the Civil Code   on custody agreements.
• Minister of Transportation Regulation Number 15 of 2022   concerning the Implementation of Public Motor Vehicle Parking Lots.

Based on this regulation, parking managers are required:

• Provide a safe and secure parking lot.
• Maintain and take good care of visitors’ vehicles and belongings.
• Provide receipts to visitors who leave their vehicles.
• Compensate for loss or damage to vehicles and visitors’ belongings.

Furthermore, based on Article 1706 of the Civil Code (KUHPer), the parking lot manager as a trustee is obliged to maintain and return the entrusted goods (motorcycles) in their original state when they were entrusted. This includes helmets kept on the bike or in the helmet storage provided by the parking lot.

However, there are some exceptions:

• The parking manager is not responsible if the loss of the helmet occurs due to the owner’s negligence, such as not locking the motorcycle properly or not leaving the helmet in the place provided.
• The parking manager is also not responsible if the loss of a helmet occurs due to extraordinary events, such as natural disasters or riots.

Exception Case Example

• A motorcyclist parked his vehicle in a public parking lot. The rider did not leave his helmet in the helmet storage provided by the parking manager. When he returned, the rider found that his helmet was missing. The parking manager was not responsible for the loss of the helmet because the rider was negligent in keeping his helmet.
• A large storm hit an area and caused damage to many vehicles parked in a public parking lot. The parking manager is not responsible for the damage caused to the vehicles because the damage occurred due to an extraordinary event.

Steps you can take if you lose your helmet

If your helmet is lost in a parking lot, here are the steps you can take:

1. Report the loss of your helmet to the parking lotmanager. Request a proof of loss report from the parking lot manager.
2. Look for your helmet around the parking lot. Your helmet may have been dropped or moved elsewhere.
3. If not found, report the loss of the helmet to the nearest police station. Carry proof of loss report from the parking manager as evidence.
4. Contact your vehicle insurance company   (if applicable).

Tips to Avoid Losing Your Helmet in the Parking Lot:

• Use an additional safety lock for your helmet, such as a padlock or chain.
• Leave your helmet at the helmet storage area provided by the parking lot manager.
• Make sure your helmet is locked well when stored on the bike.
• Choose a parking lot that is safe and secure.

Conclusion

The parking lot manager is responsible for the loss of helmets in the parking lot, unless the loss occurs due to the owner’s negligence or extraordinary events. If your helmet is lost in a parking lot, you can report the loss to the parking lot manager, search for the helmet around the parking lot, report to the police station, and contact the insurance company. To avoid losing your helmet, use an additional safety lock, leave your helmet in a safe place, make sure it is locked, and choose a secure parking lot.

Share this article with your friends to make them aware of the laws related to losing helmets in parking lots.

Leave a comment below if you have any questions or would like to share your experience.

Disclaimer:

The information provided in this article is for general information purposes only and should not be considered as legal advice. It is important to consult a qualified lawyer for advice specific to your situation.