Who pays the vehicle maintenance test car?Sichuan Provincial Consumer Consumer Commission: In advance, disputes are agreed

Due to a traffic accident in the trial process of vehicle maintenance, the vehicle is damaged. Should the value damage be lost? Who compensate? Recently, Li complained to the Sichuan Provincial Consumer Council that after a repair company replaced the vehicle tires, an accident occurred during the trial of the worker, causing the vehicle to be damaged, requiring compensation for depreciation and loss of 20,000 yuan.

Consumer: Improper storage of maintenance companies compensation and derogation fees

Maintenance company: responsibility in third parties

After investigation, after the maintenance company replaced the tires for consumers, the staff had a traffic accident in the trial process. Subsequently, the maintenance company assisted consumers to repair vehicle repair at the 4S shop. After the consultation and evaluation, they learned that the vehicle degraded was not less than 20,000 yuan. The liability of the accident lies in the third party and should not compensate the money. After repeated mediation of the Provincial Consumer Commission, the two parties reached a settlement. The maintenance company exempt tires for replacement costs and compensated certain losses, totaling 5,000 yuan.

Consumers advocate compensation for vehicles derogation, who compensate?

The dispute over the consumer dispute lies in "the crash of the vehicle caused whether it should be degraded and who should pay." In this regard, Huang Shaoji and Gong Jie, consultants of the Provincial Consumer Commission, believe that consumers Li and the maintenance company are the responsibility of the contract, and the driver of the accident is the liability for infringement. Consumers can choose to hold their responsibility to who. Attorney Yuan Bing believes that if a third party's infringement is a full responsibility for the perpetrator to cause the car depreciation loss, consumers can choose to compensate the losses in accordance with the maintenance contract with the maintenance company, and then the maintenance company will be recovered to the perpetrator; Directly ask the accident to compensate for losses. Lawyer Zhou Chengfei believes that when consumers consume, they enjoy the right of people and property that they are not infringed. The maintenance company and staff do not fulfill their obligations of safety and guarantee. The clause claims compensation to the maintenance company. If the maintenance company fulfills the obligation of attention, consumers can claim to the accident party, but the loss needs to be identified. Attorney Cai Kaijian believes that after the vehicle is hit, the secondary sales price will be reduced. The encounter of consumers Li is obviously a default of the maintenance company and should compensate all the loss. "But the rules of the traffic accident referee did not specify whether the vehicle depreciation loss was supported." Attorney Xie Wenqiang said that the judicial practice was freely tailored by the judge. Lawyer Li Yan pointed out that if it is a new car within half a year or within one year, some cases in judicial practice support the depreciation compensation of the vehicle. Lawyer Peng Anbi also believes that for new vehicles or high -value vehicles, the demands of more obvious depreciation of the depreciation are easy to be supported, but the evaluation procedure must be taken.

Provincial Consumer Commission: It is recommended to clarify the standard of compensation for vehicles derogation

Consumers can avoid disputes by agreed in advance

In 2016, the Supreme Law issued the "Proposal on the" Proposal on the Declaration of the Declaration of the vehicle "in the Supreme Law, which stated that" with caution of the compensation for the depreciation of the vehicle depreciation of the vehicle and tend to support it in principle. In extreme cases, you can also consider appropriate compensation, but you must consider it carefully and grasp it strictly. "In response to the different judgments of various local courts, the Provincial Consumer Commission suggested that the relevant departments further clarify the compensation standards, scope and identification requirements of vehicle derogation, etc., and fully clarify the vehicle derogation standards, scope, and identification requirements. Guarantee the rights of the majority of car owners. The maintenance company shall actively purchase an accident insurance for property losses. Due to depreciation losses, the liability for vehicle loss insurance will be obliged to inform consumers and notify consumers.

The vehicle derogation compensation is controversial. Although the collision of the trial car occurs, in order to avoid disputes, the liability for compensation for unexpected situations with the maintenance company can be agreed with the maintenance company.

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