Cartoons/gowe
"inquiry motive"
In recent days, mr. Liu of hunan changsha complained to journalists that he had encountered a vehicle repair trap - he accidentally hit the roadside fence, causing damage to the headlights - and then went to a car repair shop and changed the lights. Less than a month after the repairs, however, the new light broke。
When mr. Liu felt that he might be sick of it, he checked with an acquaintance working in a car 4s shop and found that the new lights that had previously been replaced were used and problematic. Mr. Liu immediately went to the auto shop theory, but the other side refused to admit it。
“there have been so many car repair traps before, i didn't think so.” mr. Liu lamented。
What are the traps for car maintenance and how are they regulated? With questions, the journalist conducted an interview。
Last august, mr. Hu of shanxi taihara discovered some anomalies in his car when it was activated and went to the local garage to inspect it. He was told that there was a problem with the spark plug and that the six spark plugs needed to be replaced in full, otherwise they would cause irreversible damage to the vehicle engine. Mr. Hu agreed to replace it and paid for it。
However, in a few days, the car started again with anomalies. Mr. Hu re-examined a car shop and was told that the spark plug was still a problem. The mechanic told mr. Hu that only three of the six spark plugs in the vehicle had been replaced the previous time and that three others had not been replaced。
"it's too dark for three to charge me six." mr. Hu said。
In recent years, as our vehicle holdings have increased, the maintenance of cars has been fraught with problems, of which they have become more numerous and more prominent in old times, leading not only to increased consumer spending, but also to a range of safety hazards for vehicles. In the interviews, the owner called for the cleaning of the car maintenance market and for the legitimate rights and interests of consumers。
Fill the old generation with more
Car maintenance
On one of the complaint platforms, a search by a journalist for the daily rule of law newspaper using the keyword “car maintenance” revealed that dozens of related complaints had recently been filed, mainly concerning the replacement of spare parts, which had been filled and replaced with old ones。
In october last year, when ms. Zhao of guangdong chuhai drove her private car from the east new highway in the direction of pearl sea, there was an anomaly in the tire tire pressure and a slight leak was observed in the back left. Ms. Zhao immediately found on one of the platforms a commercial company called “xx-x car built an electric tire repairer (gay city shop)” and, after calling the merchant, requested that their social accounts be added and the precise location sent to the merchant。
“the merchant, having a brief overview of the failure, states that `the high-speed rescue will require $800, with a down payment of $500, and the rest, depending on the circumstances'.” ms. Zhao said that after she had paid the $500 deposit, the merchants had said that they had called the trailer and would be dragged to the next high-speed gate for inspection and repair。
The shopkeeper had said that she had arrived in about 20 minutes, but nearly an hour on the highway, ms. Zhao had waited, and the maintenance master had only driven a small car, without a trailer. When she arrived at the next high-speed exit and arrived at the south stop of guangzhou, the master checked her tires and found that a nail had been placed on the left rear tire, stating that it was impossible to repair the tires and that only new tyres could be replaced。
In the event that ms. Zhao had to consult on the price of the tire exchange, she was told that it was too expensive to do so. Ms. Zhao agreed to replace the tires after the teacher had asked her to contact the merchant, who said it would cost $200 and to install new tyres for repair and maintenance services once。
After that, ms. Zhao waited 1. 5 hours at the high-speed entrance before the master came back and said she had found the same brand of tyres. After the installation, ms. Zhao transferred $3300 to master。
The following day, ms. Zhao, who had doubts, found a local car repair shop and told the mechanic what had happened. The master said that she could see the date of manufacture of the tyres, which she found to be in reverse and could not see the date of production. Ms. Zhao was shocked by the fact that the mechanic then helped her to remove the tyres from her yesterday, and that she found signs of repairing the tyres and, as with the other three wheels, the date of production, it was clear that the tyres were old tyres that ms. Zhao had replaced before, and that the merchant had not replaced them。
“it was a total fraud, and i drove more than 100 kilometres with old tyres. In order to make money, the repair plant took the consumer's safety seriously. Subsequently, ms. Zhao sought compensation from a businessman and was refused。
Journalists search multiple platforms and find that similar complaints are not uncommon, mostly due to the fraud of accessories and the concealment of critical vehicle information during car maintenance。
In response, one of the practitioners at a car repair shop in tianjin bridge told journalists that most of the owners left the car at the shop while it was being repaired, and the merchant informed them that the car would be picked up after repair. Some car repair shops have used this period to remove their own better-quality car parts and to replace them with old ones, which are difficult for the owner to detect as long as the car does not have a significant malfunction。
“even if the owner was not afraid to look at the scene, there were lots of lines and parts in the car, and the maintenance master pointed the good parts at them as bad. In fact, most of the owners are also unaware of the spare parts.” according to the above-mentioned practitioners, “although a car repair shop provides consumers with maintenance orders indicating maintenance projects, materials required, costs, etc., this is not sufficient to inform the owner of the vehicle about the real cause of the vehicle's failure and the specific maintenance process”
What should be the responsibility of the business community if the car repair shop is filled and replaced by the old generation, thereby creating security risks
Professor liu junhai of the law school of the people's university of china believes that there is a contractual relationship between the shop and the consumer, and that the consumer's right to information, choice, fair trade and security should be protected in accordance with the civil code contract code and consumer protection law。
According to the senior partner of peking deutsche & equivalent, marihong, the consumer interests protection act provides that the operator who fraudulently provides goods or services should, at the request of the consumer, be compensated for the loss incurred by paying three times more for the purchase price of the goods or the cost of receiving the services; and that the amount of compensation increased by less than $500 is $500. If otherwise provided by law, in accordance with its provisions. If the operator, knowing that the goods or services are defective, continues to provide them to the consumer, causing the death of the consumer or other victim or causing serious damage to his or her health, the victim has the right to seek compensation from the operator for the damage in accordance with legal provisions such as articles 49 and 51 of this act, and to claim punitive damages up to two times the damage suffered。
In marion's view, if a car repair shop is unable to perform maintenance in accordance with the actual needs of the consumer, leading to security risks, the business should be subject to a security obligation in respect of defects; if a loss to the consumer occurs, the consumer's loss should be compensated。
Submission of false documents
I'll take out the premiums
With the rapid increase in vehicle holdings, robust maintenance needs have led to the creation of a number of car repair shops。
Large, more environmentally friendly workshops are much more trusted by the car owners than by street workshops, many of whom prefer “to pay for peace” despite generally higher prices. In fact, however, this may be a mere wish of consumers。
Mr. Huang of tianjin, west of tianjin, told journalists that he had taken full insurance for his car, that there had been an accident in the previous period, that the insurance company was indeed responsible, but that it needed to be repaired by mr. Huang at the maintenance station they had designated, and that mr. Huang had accepted the advice of the insurance company. However, a few days after the car was opened from the car repair plant, there was a problem with the stoppage。
After that, mr. Huang went to the station several times and failed to solve the problem. Finally, when mr. Huang paid himself to repair the 4s shop, he found that the spare parts that should have been replaced at the time of the accident had not been replaced. He then immediately contacted the insurance company, the car repair plant, but the other party stated that the inspection was not problematic and that the maintenance costs were not insured。
A beijing businessman, mr. Zhang, told the journalist that many insurance companies had set up agreements with the 4s shop repair plant, the owner of the car damaged by the accident, to cover the cost of “recovery”. “when my colleague's bumper broke, it would cost about $1,500 to repair and replace it at the outside factory. After going to a 4s shop, the fixed-rater and him agreed to a flat-rate loss of $1,500, and the amount reported to the insurance company (the settlement amount) was $3,000, with an additional $1,500, the fixed-rater and him `share'.”
According to the industry, some of the mechanics had “cooperated” with the rater to collect the premium, and he had personally seen an accident car before breaking it down, and the shopkeeper had a hammer in his hand, smashed the original frame of the car water tank, and then ordered a photograph to be taken, which would cost the insurance company more money. The owner of the car became a “bullhead” and paid more without knowledge。
Marie hong states that if the car repair plant was designated by the insurance company “to be filled in second place, to be filled in the old” and caused losses to consumers, the insurance company and the car repair plant constituted a joint tort. The penal code and the insurance act provide for clear penalties for insurance fraud, and if the expert, assessor, certificate, etc. Of an insurance accident knowingly provides false documentation, commits an insurance fraud that constitutes an offence, he shall be held criminally liable in accordance with the law and shall be liable to administrative penalties in accordance with the law if it does not constitute an offence。
Increased regulatory capacity
Common regulation of the car repair market
In the survey, journalists found that some car repair shops encouraged employees to obtain a gain by selling more parts, while others increased their income by “doing more on” vehicles, increasing the number of repairs or expanding the scope of the repairs. Some of the failures were simple: replacement of fuses would solve the problem, but no money would be made, so that some car repair shops would be “small disease as a major healer” and parts that would have required only partial repair were replaced as a whole, while replacement of small parts was described as requiring major repairs. As a result, consumers tend to pay multiple or even dozens of times more for maintenance。
“as a result of the large number and variety of car parts and professional barriers, ordinary consumers are simply unable to judge whether their car is over-maintained, filled or even bound for consumption, and are often caught in a circle of increasingly problematic repairs.” marlet says。
In such cases, marion made a number of recommendations to consumers: before sending vehicles for repairs, they should first do some homework, know the scope of the repairs, have some basic knowledge of vehicle maintenance, and avoid being set up; when selecting the replacements, try to select the reputable, trusted and regular car repair shops, be careful that the vendor's credentials are complete and do not go to unlicensed maintenance points on the street; and keep relevant evidence, for example, to film miles before the inspection, check the spare parts list when replacing the spare parts, check again whether the repairs have been completed and keep a record of vehicle maintenance。
Marion believes that it is difficult for consumers to judge professionally whether there is a problem with the maintenance chain, and that there are additional costs and a long cycle for identifying institutions. A definitive solution to this problem will require greater regulation and self-regulation by industry authorities and self-regulatory organizations, with a view to bringing the problem to professional attention。
“the authorities of the industry should also strengthen the regulation and construction of insurance companies, accelerate the development of an information platform on vehicle insurance and establish industry standards for the price of spare parts, repair hours and hourly rates. Only if the market is open and transparent can child welfare be achieved, thus creating a legal, honest and credible market development environment.” marion says。
According to liu junhai, consumers need to protect themselves, and the car repair industry needs to develop a strict sense of self-regulation, and businesses need to press themselves to clean up their evils. At the same time, the regulatory authorities need to strengthen their regulation to protect the legitimate rights and interests of consumers。
