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Who will be responsible for the maintenance of the new car in the 4s shop (who will pay for the accident in the 4s shop)

Original title: Who will pay for the vehicle maintenance test? Sichuan Consumer Council: If there is any dispute over the vehicle derogatory compensation, it is agreed in advance to avoid the dispute.

Sichuan News Network-First Screen News Chengdu June 28 th A traffic accident occurred during the vehicle maintenance and test run due to third-party reasons, resulting in damage to the vehicle. Should the value be lost? Who will pay? Recently, consumer Li complained to the Sichuan Consumer Protection Committee that after a maintenance company replaced the tires of the vehicle, the workers had an accident during the test drive, which caused the vehicle to be damaged, and demanded compensation for the depreciation loss of 20,000 yuan. The two sides failed to negotiate many times.

Consumer: the maintenance company compensates for the depreciation fee for improper storage.

Maintenance company: the responsibility lies with the third party.

After investigation, after the maintenance company changed the tires for the consumer's car, the staff had a traffic accident during the test run, and the accident liability certificate presented by the traffic police determined that the other vehicle was responsible for the accident. Subsequently, the maintenance company assisted the consumer to repair the vehicle in the 4S shop. After consultation and evaluation, it was learned that the vehicle was depreciated not less than 20,000 yuan. Therefore, Li asked the maintenance company to compensate the vehicle depreciation fee caused by improper storage, but the maintenance company believed that the responsibility for the traffic accident was in the third party, and he should not compensate the money himself. After repeated mediation by Sichuan Consumer Council, the two sides reached a settlement, and the maintenance company exempted the tire replacement fee and compensated a certain loss totaling 5,000 yuan.

Consumers claim compensation for vehicle depreciation fees, who should pay for it? The controversial point of this consumer dispute lies in "whether the vehicle was hit and derogated, and who should pay for it".

In this regard, Huang Shaofei and Gong Jie, consultant lawyers of the Sichuan Consumer Protection Committee, believe that the consumer Li and the maintenance company are contractual liability, and the driver is tort liability. Consumers can choose who to blame. Lawyer Yuan Bing believes that if the third party infringes, that is, the accident party is fully responsible for the loss of automobile depreciation, consumers can choose to compensate for the loss according to the maintenance contract with the maintenance company, and then the maintenance company will recover from the accident party; Or directly demand compensation for losses from the party responsible for infringement. Lawyer Zhou Chengfei believes that consumers have the right to personal and property protection when they consume, and the maintenance company and its staff need to pay compensation if they fail to fulfill their security obligations. Even if the traffic accident is the full responsibility of a third party, consumers can claim compensation from the maintenance company according to the security terms. If the maintenance company has fulfilled its duty of care, consumers can claim compensation from the accident party, but the loss needs to be identified. Lawyer Cai Kaijian believes that the secondary sales price will be reduced after the vehicle is hit. The experience of consumer Li is obviously a breach of contract by the maintenance company, and all losses should be compensated.

"However, the traffic accident adjudication rules do not specify whether to support the depreciation loss of vehicles." Lawyer Xie Wenqiang said that in judicial practice, judges are free to decide. Lawyer Li Yan pointed out that if it is a new car within six months or one year, there are some cases in judicial practice that support the compensation for vehicle depreciation. Lawyer Peng Anbi also believes that for new cars or vehicles with higher value, the claim for compensation with obvious depreciation is easy to be supported, but the evaluation procedure is required.

Sichuan Consumer Protection Committee: It is suggested to clarify the compensation standard for vehicle depreciation.

Consumers can avoid disputes through prior agreement.

In 2016, the Supreme Law issued the "Reply on the Proposal on Compensation for Depreciation Loss of Vehicles in Traffic Accidents", which clearly stated: "We are cautious about the compensation for depreciation loss of vehicles and tend not to support it in principle. Of course, in a few special and extreme circumstances, appropriate compensation can also be considered, but it must be carefully considered and strictly grasped. " In view of the different judgments of local courts, the Sichuan Consumer Council suggested that the relevant departments further clarify the standards, scope and identification requirements of vehicle depreciation compensation to fully protect the rights and interests of the majority of car owners. Maintenance companies should actively buy accident insurance for property losses. Because depreciation losses are excluded from car damage insurance, insurance companies are obliged to inform consumers of underwriting and claim settlement services.

The Sichuan Consumers' Committee reminds the majority of car owners that the compensation for vehicle depreciation is controversial. Although the collision in the test run does not happen often, in order to avoid disputes, the liability for compensation for unexpected situations can be agreed with the maintenance company before repairing the car.

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