How to avoid those pits in vehicle maintenance
□ Our reporter Han Dandong
□ Our intern Guan Chuyu
This is a simple car repair, but I have no intention of "detecting" the inside story of the insurance repair car. Not long ago, Ms. Wu, who lives in Jizhou, Tianjin, was repairing a car in a car repair factory and found that due to a traffic accident last year, the damage order for the vehicle read "Replacement" Headlight (left) and bumper", the price is 2205 yuan, and the repair shop only repaired the headlight at that time.
Why would a repair shop do this?
According to the reply of the factory staff, the car had already started to be repaired before the damage order was reported. I wonder if the insurance company will approve the damage order, so it can only be repaired according to the experience of the repairman.
After the damage assessment order is approved, the car has been repaired and the headlights can be used, so there is no replacement.
However, the cost went to the repair shop's account.
Like Ms. Wu, there are not many people who encounter dark pits when repairing cars.
A reporter from the "Rules of Law Daily" recently investigated and found that some have been traded in for new ones, while others have been over-rated and over-repaired.
Mr. Li from Qingdao, Shandong also accidentally found that his vehicle was traded in by a repair shop.
At the end of February this year, Mr. Li went to the repair shop to paint after his private car was scratched, and found that the front bumper he replaced a year ago had scratches of putty.
He contacted the repair shop to inquire about the reason, and was told that "it was unclear whether the bumper was replaced at that time and could not be proved."
Mr. Peng, from Chenzhou, Hunan, suffered from over-maintenance of his vehicle.
At the end of March this year, Mr. Peng was driving his private car and was rear-ended by a vehicle behind him, resulting in the deformation of the tailgate and the deformation of the rear bumper anti-collision beam, and the vehicle behind was fully responsible.
Mr. Peng drove the car to the repair shop for maintenance. When he picked up the car, he was dumbfounded: the newly made paint surface was full of scratches and air bubbles; the taillights had large gaps and no tight seams; some of the buckles at the weatherboard were also broken. .
"I have asked many times whether it is a brand-new original and new parts, and the conclusion given by the repair shop is affirmative. However, the back skeleton is actually rusted, and the paint is peeled and scratched." Mr. Peng complained.
If the repair shop is in the process of repairing the vehicle, there is a situation in which parts should be replaced but not replaced, or replaced with old and bad parts as new and good parts, resulting in the inconsistency between the repair shop's repair order and the insurance company's damage order, etc. What legal issues?
Wu Xumeng, a lawyer from Guizhou Xinrui Linyang Law Firm, said that the above behavior violated the relevant provisions of the Consumer Rights Protection Law and the Civil Code.
"The maintenance situation of the repair shop is inconsistent with the damage order, and the old is replaced by the new. In fact, it is equivalent to missing a few pounds, or the measurement is inaccurate, resulting in damage to the owner's property. According to the fifty-fifth consumer protection law The article stipulates that if consumers have clear evidence, they can get up to three times the compensation." Wu Xumeng said.
Wu Xumeng also proposed that the beneficiaries of the above actions may be the staff of the insurance company in addition to the repair shop. For example, if the staff deliberately exaggerates the insurance loss of the car owner, then the beneficiary and the repair shop may become joint infringers.
Zhang Junyan, an associate professor at the School of Finance, Renmin University of China, analyzed that my country's Insurance Law has clear penalties for insurance fraud. The appraiser, appraiser, and witness of an insurance accident deliberately provides false certification documents to commit insurance fraud and constitutes a crime. criminal responsibility; if it does not constitute a crime, administrative punishment shall be imposed in accordance with the law.
"If the repair shop fails to repair as required, it can usually be dealt with according to the specific agreement in the maintenance contract. The written contract for motor vehicle maintenance shall be signed between the repair shop and the entrusting party according to law. At the same time, in order to reduce the use of shoddy, For violations such as replacement or not, the "Guidelines for the Management of Motor Vehicle Insurance Claims" stipulates that insurance companies should actively guide the insured or the driver of the accident to report the case directly to the insurance company. If the repair unit or other institutions or individuals report the case on behalf of the insured, The company should ask it to provide the insured’s real contact information and verify it with the insured. At the same time, the company should verify the case by checking the insured’s valid ID or meeting the insured in the follow-up claims process.” Zhang Junyan Say.
He suggested strict management of the "direct indemnity" repair shop. The direct indemnity factory should provide maintenance invoices, maintenance lists, original power of attorney issued by the insured, identity certificates and other materials when making claims on behalf of customers.
After the insurance company pays the insurance indemnity, it shall inform the insured by telephone or in writing.
For repair units that cannot provide the insured's real contact information and power of attorney, the company shall not sign or renew the "direct compensation" agreement.
For other units or individuals other than the direct indemnity factory to receive insurance indemnities on behalf of the insured or road traffic accident victims, the original valid identity certificate of the insured or road traffic accident victims must be provided, the original power of attorney and the indemnity recipient Original proof of identity.
"In addition, the relevant regulatory authorities also need to take active actions, and can require insurance companies to strengthen informatization construction and establish a claims information system database; the China Insurance Association must also accelerate the construction of an auto insurance information platform, and establish an industry for parts prices, repair hours, and working hour rates. Standards. Through openness and transparency and other forms, we will promote motor vehicle maintenance operators to operate in accordance with the law, honesty and credit, fair competition and high-quality services.” Zhang Junyan said.
From the point of view of the car owner, how should they protect their rights if they encounter the above problems?
Zhang Junyan suggested that the car owner, as the insured, should pay attention to negotiate with the insurance company's loss assessor in a timely manner to determine whether to repair or replace it, and determine the maintenance method; the repair amount determined by the loss assessor at the time of damage assessment may be different from the repair amount of the repair shop. , the insured should also maintain communication with the loss assessor, who will negotiate with the repair factory to reduce disputes over the repair price.
"After getting the maintenance list and damage order, the car owner must verify which part was replaced, and carefully check the photo records. If the repair shop has fraud and false behavior, the car owner can immediately fix the evidence to protect their rights." Wu Xumeng said.