On 15 march, the hunan province centre for the mediation and mediation of the quality of automobile repairs and disputes (hereinafter referred to as the hunan mediation centre) officially published the “ten typical cases of 2022”, with new car quality, car maintenance, etc. Becoming more frequent。
Typical example one: why does the hood start smoking after repairing
On 13 april 2022, the complainant, mr. Zhang, made paint noodles at the maintenance shop and waxed his car. At the time of the handover, smoke began to smoke under the hood of the engine, and the vehicle's itinerary chart showed that it travelled 10 kilometres during the period. Mr. Zhang did not find it reasonable to consider that the repair shop had not operated properly during the maintenance process, resulting in a breakdown of the air conditioner, and hoped that the repair shop would provide a reasonable explanation。
The complainant hoped that the mediation centre would help to identify the reasons for the smoke in the vehicles. Following numerous communications and mediations by the mediator and expert on-site surveys, the air compressor rate was considered to be natural wear and tear, and the owner agreed with the option of replacing compressor, pipe cleaning and dry bottle replacement。
Recommendations:
1. When the owner enters the shop for maintenance, he/she can take a picture of the distance from the mileage table, pick up the car and determine whether the distance from the test is reasonable at the time of repair; confirm that the vehicle is fully repaired, that the test report is normal, and finally sign to confirm that, if it is not checked in time, the problem may cause a dispute
Automobile maintenance operators should perform thorough vehicle overhauls, markings and records to reduce risk and avoid disputes。
Typical case two: for almost two months, maintenance costs increased from 9,000 to $17,000
On 3 march 2022, mr. Sun sent the vehicle for repairs and, after inspection of the repair shop, indicated that the vehicle's floor module had been burned and that $1,500 could be repaired. However, a week later, mr. Sun was informed by the store that insurance had burned more than a dozen modules, that maintenance costs had increased from $1,500 to $9,000, and that the scheduled delivery date of 22 march had been repeatedly delayed until 23 april, and that the cost of repairs had increased to $17,000. While the vehicle was being repaired, the owner received high-speed charges and found that the vehicle had travelled more than 100 kilometres outside without his permission. In this regard, mr. Sun wonders why the insurance module burned a dozen bucks at once. How is the delay compensated? Why are the vehicles on the highway and driving over 100 kilometres? Why are maintenance costs increasing
The mediator investigated the follow-up to the maintenance shop, which indicated that the company had documents setting out a test route, that the test distance was perfectly reasonable and that mr. Sun had been consulted prior to the test. Following numerous communications checks conducted by the mediator, the original vehicle had its electric reverse, resulting in the burning of the module; secondly, the owner was unaware of the pilot route of the repair shop. After numerous mediations, the repair shop indicated that the module did need to be replaced and that it was eventually agreed between the parties that the maintenance shop would help the owner to complete the repairs and that the owner would be compensated。
Recommendations:
When the vehicle parts are replaced by the owner, the spare parts list is checked and, when the transfer is completed, the maintenance is checked again, and the final signature confirms that the receipt is completed without timely inspection, which may lead to a dispute。
Vehicle maintenance operators should perform a full overhaul of the vehicle prior to its repair, then prepare markings and records, verify with the owner the items requiring maintenance, as well as the spare parts that need to be replaced, and the price and cost of replacement spare parts, in order to mitigate risks and avoid disputes。
Typical case three: can the new car be replaced by a continuous failure
On 18 april 2022, the complainant, ms. Zhou, purchased a new car, and 12 days later the fuel was refuelled and the gas-mounted vehicle stopped. While shop 4s was considered to be a cam axis sensor malfunction, which could be used normally after free replacement, similar problems followed, and several repairs and disposals were unsuccessful. Ms. Zhou expressed concern about the quality of the vehicles and requested that they be returned or replaced; at the same time, she was dissatisfied with the $1,000 compensation granted to the 4s store。
Upon receipt of the complaint, the mediator of the centre investigated the fact that the shop technician considered the vehicle to be new, without any quality problems and without conditions of reversion. Following numerous communications and mediations between the mediator and the association's experts, it was suggested that the plant should be restored to its original plant, that the owner of the car should use it for a certain period of time, and that, in the event of failure of the cam sensor during the warranty period, both parties should report on the sale of the 4s store and the association for the maintenance and detection of vehicles in hunan province in time to determine the problem in time. At the same time, 4s agreed to compensate 1,000 yuan in cash and 1,000 yuan in vouchers。
Recommendations:
Under the relevant provisions, newly purchased vehicles are subject to the condition of a return or change of car for a three-pack period。
Typical case four: what happens when a vehicle loses control on the high speed after maintenance
In april 2021, the owner repaired the engine at the maintenance shop's nails, in october of that year at the maintenance shop's zero, and on 6 february 2022 the vehicle lost control at high speed. Subsequently, the vehicle was repaired free of charge by the maintenance shop armour, but it was not excluded that the engine screws were loose or the screws showed signs of loosening during the maintenance of the gearbox. The maintenance shop also denied it。
The mediator investigated and consulted with the repair shop, and the two repair shops indicated that they were not willing to undergo expert testing and the identification of the owner of the car by a single commission. Following numerous communications between the mediators, the two repair shops did not accept expert mediation and the owner withdrew the complaint, but commissioned experts to visit the vehicle on site to minimize the risk。
Recommendations:
1. In cases where the cause of a vehicle failure cannot be identified, expert assistance may be sought, or other formal accreditation body, to produce a more authoritative assessment for the defence of rights。
2. Even if the vehicle is better maintained and maintained, natural wear and tear of all types of accessories or parts is inevitable in a vehicle with a long journey, which should be expected by the owner, who can reasonably defend the vehicle in the context of mediation。
3. Upon completion of the warranty, the maintenance shop shall keep a photo album of the part of the undertaking, with care to test the vehicle and then deliver it, and at the time of delivery, retain the documentary evidence confirmed by the owner。
Typical case v: is the failure of a vehicle brake or is it a product quality problem
On 30 march 2022, mr. Sumi drove out of the garage of the ground, when the brakes failed and the lights were on, but the brakes did not stop and did not have the effect of brakes, resulting in a crash in front of the vehicle and nearing its demise. In early april of last year, he signed an agreement with the 4s store, which was only tested for non-maintenance, after which the car manufacturer conducted a remote inspection of the vehicle and issued a report stating that it was considered that the owner had mishandled the vehicle without any problems and that the 4s store had no responsibility. However, the owner's enquiries revealed that there had been too many similar accidents in the vehicle, that it was defective in its design, that it had requested a fair and impartial test, that it had a fair and just outcome and that it had been lawful and reasonable to pay the loss。
Following repeated communication and mediation by the mediator, the owner of the vehicle withdrew the complaint and did not apply to a third-party accreditation body。
Recommendations:
The owner and shop 4s should be aware of the relevant legal provisions relating to the three-pack policy for domestic vehicles, the vehicle extension process and the constituent elements of consumer fraud。
2. In the course of maintenance, the maintenance shop must determine the state of maintenance and the condition of the vehicle, and if the owner decides to suspend maintenance, the owner shall be clearly informed of the possible consequences and shall retain evidence confirmed by the owner's written signature。
3. When the owner is aware of possible malfunctioning of the vehicle, care should be taken to preserve the evidence and immediately reflect the failure in order to defend his rights。
Classic case six: seven repairs back and forth. What if the problem is not solved
On 4 november 2021, mr. Shen's vehicle was unable to start with a failure light and, a week later, the vehicle was yellow, which was repaired seven times. The underlying problem was not resolved after the maintenance shop first replaced 360 images and subsequently replaced the screen, which remained unresolved. The owner is required to return the vehicle or, if the condition is not met, to confirm that the vehicle has no quality problems and to ensure that similar malfunctions do not follow。
Upon receipt of a complaint, the mediation centre mediator verified the situation with the 4s store, which offered to accept mediation. Ultimately, the parties agreed on a mediation formula: to dismantle 360 images and to distinguish between the problem of the vehicle itself and the problem of adding products. When the original plant was restored, the absence of problems with the vehicle indicated that it was a 360 image issue and that the full cost of the 360 image was refunded by 4s and the owner was properly compensated in good faith. If problems arise, the owner can still lodge a complaint after three months of probation or defend his rights in other forms。
Recommendations:
1. Car operators should conduct comprehensive vehicle testing prior to sale to ensure that vehicles are not of a quality and to mitigate risks in order to avoid disputes。
2. For the sake of legitimate rights, the owner shall keep a record of the maintenance of the vehicle and, in consultation, make a reasonable request, which is more conducive to a successful mediation between the parties。
Typical example seven: six months after the purchase of the car, the vehicle engine is in trouble
On 15 december 2021, the complainant, ms. Lee, purchased the car for less than half a year, after which the engine broke down in the course of the journey and then went to shop 4s to replace the engine. Ms. Lee complained about a claim for $3,000 in cash, arguing that the replacement engine and gearbox would have an impact on the quality of the follow-up, requiring a three-year extension of the vehicle; the replacement engine to provide a test certificate; and the vehicle maintenance for one month, with reimbursement of transportation costs in the shop。
Following numerous communications and mediation by the mediator, 4s was willing to offer the owner $3,000 in good faith compensation and to provide life-long security for engines and gearboxes。
Recommendations:
The owner or user of the motor vehicle must communicate in a timely manner to the maintenance enterprise after the maintenance of the vehicle has revealed maintenance failure or quality problems。
Typical case eight: what about rights protection without maintaining 4s
In march 2021, the owner of the car purchased the car and maintained it four times around 4s. In may and june 2022, respectively, claims were made against the shopkeepers for the lifting of the head of the pole. After inspection by the shop owner, the vehicle was not maintained or repaired at the shop and scratch marks were found on the chassis. However, the owner did not acknowledge that situation and asked the store to assume responsibility. 4s requested no approval of the owner but accepted mediation. As a result of communication with the mediator, 4s was willing to step back, repair its vehicles and reduce some maintenance costs。
Recommendations:
1. In defending their rights, the owner should have reasonable expectations, should not be overly ambitious, should be a solution that balances the interests of both parties and is more conducive to a successful mediation。
Stores 2, 4s should communicate with the owner in a timely manner and inform the decision-making leadership in a timely manner, so that each party can move back and resolve the dispute perfectly。
Classic case nine: 4 months of repair, not fixed
In january 2022, the complainant, mr. Yao, sent the vehicle to the maintenance shop for repairs owing to vehicle failure, which was not available at the end of april. Mr. Yao complained about the irresponsibility of the shopkeeper and the refusal to replace the repair plant. In response, mr. Yao had no trust in the shop and requested a vehicle inspection; the repairs were too long and he sought compensation for the loss; and the shopkeeper was asked to apologize publicly. After investigation and consultation by the mediation centre mediator, the parties reached agreement to resolve the issue peacefully。
Recommendations:
In the present case, the repair shop could not delay maintenance without just cause and, under the relevant legal provisions, if the maintenance time for quality reasons exceeds five days during the warranty period, a back-up vehicle should be provided or the cost of transportation should be reimbursed, with a reasonable amount to be determined on the basis of the relevant economic level in changsha locality。
2. The owner of the vehicle shall reasonably defend his rights and shall retain the loss of transportation costs arising from the absence of the vehicle and, in the absence of documentary evidence, determine the amount of compensation for transportation costs in accordance with the local economic level。
Typical case x: accident vehicle maintenance dispute
In september 2022, the complainant's vehicle, mr. Lee, was crushed from a stone, damaged the vehicle's water tank, its colder, etc. And drove it to the maintenance shop after the accident. On 5 december, while the vehicle was on its way, engine failure lights occurred, and an inspection at 4s found that the vehicle engine had two fault codes, static codes associated with turbine boosters. Following the inspection, it was found that there were foreign objects in the turbo that caused damage to the turbine, but it was unknown where the alien came from. Mr. Lee requested that the reasons for the presence of the alien be identified and that 4s provide quality assurance services。
Following numerous communications and mediation by the mediation centre mediator, the maintenance plant offered to pay the owner $6,000 in good faith, and the follow-up maintenance continued at the 4s store。
Recommendations:
1. During maintenance, the maintenance plant must determine the state of maintenance and the condition of the vehicle, the cause of the failure, and the maintenance programme and related costs should be communicated to the owner in a timely manner。
2. The maintenance plant must, in the course of its maintenance, be careful not to inadvertently cause foreign objects to enter the vehicle, and the owner, upon completion of the maintenance, should test the vehicle in the shop and confirm the accuracy of the confirmation。
3. In the case of such vehicles, the owner should be careful to preserve the evidence in order to defend his rights。
4. Modern networks and information technology are well developed and, in addition to on-site mediation, mediation centres can promote conflict resolution in more accessible and efficient ways, such as micro-credit, telephone communication, and even online mediation through some apps。
