Notice!China Consumers Association reminds: these terms of automobiles and auto insurance related areas are "invalid"

Text/Yangcheng Evening News all -media reporter Ma Can

Through the format terms, the operator is responsible for the quality guarantee; it will reduce the responsibility of the insurance company by paying the format of the liability. On September 28, the Chinese Consumer Association (hereinafter referred to as the "China Consumer Association") released the comments of unfair formats in the automotive and auto insurance fields to remind consumers to prevent the above behavior.

With the popularity of cars, cars and auto insurance have become a popular area for consumers to complain. In the first half of 2022, in the specific commodity complaints accepted by the National Consumers Association, the top five complaints for car and components were complained.

Use the format terms to eliminate the responsibility of operators' warranty

Through the format terms, the operator is eliminated with the quality guarantee responsibility for concealed flaws. For example, the clause indicates that "the acceptance of the vehicle should be performed at the time of delivery at the time. Party A (consumer) should be carefully inspected and confirmed. After it was found, it was found that Party B was not responsible. "

In this regard, the China Consumers Association stated that the quality defects of vehicles are divided into appearance flaws and hidden defects. Regarding the appearance flaws, consumers pass carefully and meticulously during the delivery of the vehicle, and can be found with the naked eye observation. However, for the hidden flaws such as the performance and quality of the vehicle, the format clause stipulates that Party B shall not bear the responsibility. The guarantee responsibility is an unfair format. The operator has the liability for quality defects for the vehicle sold by it. Consumers have the obligation to inspect. They shall test the vehicle in a timely manner and notify the operator of the quality objection.

Use the format terms to eliminate the responsibility of the operator's default

Through the format terms, the responsibility of the operator shall bear the double deposit when breach of the contract. For example, it is agreed that consumers do not perform the contract without the right to request a deposit, but the operator does not perform the contract but does not need to double the deposit, and does not bear the liability for compensation for any default damage.

In this regard, China Consumers said that the deposit has a guarantee function and applies the deposit penalty to the breach of contract. This format clause is exempted from the responsibility of the operator's default and excludes the right of consumers' request for default damage compensation.

Use format terms to reduce the responsibility of insurance companies

In addition, in the compensation processing, according to the proportion of the accident responsibility of the driver of the insurance vehicle in the accident, the liability of the insurance company will be reduced according to the agreement to reduce the responsibility of the insurance company.

In this regard, the China Consumers Association specially reminded that the claims of vehicle loss insurance and third party liability insurance were confused in accordance with the terms of the liability format, and the legal rights of the insured requested compensation for compensation were excluded. responsibility.

According to the CIMC, within the period of insurance liability, if the two parties or various parties within the scope of insurance liability occurred in insurance vehicles, if the vehicle is lost, if the insurer is determined by the public security traffic management department, the insured person has the right to choose The right to claim to infringe damage compensation to the accident, and also have the right to choose to claim to the insurer the right to request the right to request the insurance contract.

Source | Yangcheng Evening News · Yangcheng School

Responsible editor | Liang Dongxian

School pair | Zhou Yong

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