The relevant regulations are imperfect

Following Guangzhou, Shenzhen and Dongguan, Foshan was the fourth city in Guangdong Province to enter the “million car city”. As the number of car ownership increased, the related consumer complaints also increased significantly. According to statistics, in 2011, Foshan Center 12315 received a total of 556 motor vehicle consumer complaints, up 89.8% year-on-year. However, it is not easy for cars to protect their rights.

In the cases announced by the industry and commerce department, almost all aspects of automobile consumption from sales to maintenance to auto insurance claims were involved. However, repeatedly seeking opinions and undergoing many revisions, the highly-respected laws related to the “three guarantees” of automobiles and car recalls are still hard to come by; despite the efforts of the management department, many efforts have been made in recent years. More and more auto insurance claims caused disputes There are still many bully terms that have yet to be eradicated. The laws and regulations are not perfect. Consumers are more likely to encounter difficulties when they want to protect their rights. In the absence of a perfect legal protection system, consumers need to “pay more attention” to their own rights and interests.

Sales segment: deposit, but also the case of the deposit is to blame: Mr. Li in Nanhai District in Guilin City in November 2011 4S shop paid a deposit of 2,000 yuan to order a car. 4S shop did not deliver the car on schedule according to the contract, Mr. Li asked to return the deposit but has been delayed, the 4S shop returned the deposit to Mr. Li.

Consumer Warning: The 12315 Center of the Trade and Industry Bureau of Foshan City pointed out that the signing of the order car contract must be meticulous. Must carefully check the contents of the contract, such as the model, color, factory batch, delivery time, the two sides dealt with breach of contract and other content is consistent with their choice. If you need to pay the deposit first, besides agreeing on when to deliver the car, you have to agree on how to handle it if you cannot deliver the car on time.

Reporter's investigation: The reporter visited a large number of 4S stores and discovered that whenever a new car is put on the market, tight car shortages, etc., have become the reasons for the deposit. If the dealers are in default and the parties do not negotiate well, consumers can generally get back the deposits they have delivered, but they basically cannot get the “double return deposit” as stipulated in the contract law. If the consumer changes his mind and defaults, it is almost impossible to get back the deposit.

Maintenance section: Warranty terms hidden mystery Case: Mr. Wu of Nanhai bought a car in the business in April 2011, with a warranty of 60,000 kilometers. In October of the same year, when the car broke down to the merchant's request for warranty, the merchant did not warrant that he would not be responsible for the maintenance of the store. Mr. Wu was not responsible for the economic losses due to lack of understanding of the warranty.

Consumer Warning: The 12315 Center of Foshan Industrial and Commercial Bureau reminds consumers that they should pay attention to the specific contents of the warranty terms. Usually 4S shops and consumers agreed to go to the 4S shop for maintenance during the warranty period. Consumers should pay attention to this clause when signing the agreement and carry out daily maintenance of the car according to the agreement, so as to avoid the merchants from refusing to perform the warranty. At the same time, it is also necessary to understand in detail the scope of the warranty promised by the merchant on the contract.

Survey by the reporter: Unlike the sales process, after-sales repairs are more prone to hidden pitfalls because of their professionalism and complexity. A 4S shop is responsible for sales of senior technical personnel to the reporter frankly, although the manufacturers of the after-sale maintenance parts prices and working hours fees generally have unified regulations, but 4S shop can still be through minor repair, over maintenance, extension of working hours, recycling of old parts And other ways to earn more profits. The more varied quality repair shops may have lower prices, but the consumption traps are more common and the quality of maintenance is not as good as that of 4S stores.

Claims link: carefully selected insurance agent Case: Consumer Chen bought a car in a car shop in January this year, and commissioned the store to purchase a car insurance. In February, a car accident was damaged, and Mr. Chen asked the merchant to follow up with the problem of car insurance payment. However, the business has been delaying the issue of car claims.

Consumer Warning: The 12315 Business Center of Foshan Industrial and Commercial Bureau reminds consumers that when they choose an insurance agent, they must review their agency qualifications, understand their reputations clearly, and prevent individual agents from privately violating the policyholder’s promises and finally failing to honor them. occur.

Reporter's investigation: The auto insurance industry is fiercely competitive. In order to win customers, many individuals and auto beauty, maintenance and other stores operate agents to purchase insurance and other businesses. Many agents claim that they can obtain lower discounts for car owners. Many car owners are looking for convenience. Car insurance directly to these agents once. The agent's non-insurance company staff, the promised things including car insurance price discounts, guarantee claims success, etc., are often not very reliable, which led to many disputes.

According to the introduction of professional insurance personnel, at present, among several major insurance companies, the telephone auto insurance business has gradually become the main channel for the purchase of auto insurance. From the perspective of price and discount, the cost of telephone insurance is not as high as the cost of finding an insurance agent or even the lowest cost because of factors such as cost savings. As to whether the claims are successful or not, they are mainly implemented according to the accident liability determination and the related provisions of the insurance clause. The agent's promise cannot further guarantee the success of the claims. From the situation reflected by the owner, the chaotic situation of the insurance agent is only the tip of the iceberg where the auto insurance claims encounter problems, and it is still the overlord clause in auto insurance that causes more controversy.

problem:

The imperfect laws and regulations have led to difficulties in protecting rights, and cars that are increasingly becoming complaint hotspots. Improvement of industry-related legislation will help solve many problems. However, the relevant legislation, such as the recall of cars, the automobile three packs, etc., is very difficult.

Among them, the legislation concerning the “Three Guarantees” of automobiles, which had been drafted since the end of 2004, has been unavailable for about 7 years. Until the October 26 last year, the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ) conducted a legislative hearing on the "Three Guarantees" vehicle, and it seems that the "Three Guarantees" vehicle has already been issued. Later, after a few months of silence, until February of this year, the revised draft of the “Three Guarantees” of the car once again completed the open solicitation process. But when is it still unknown?

Regarding auto insurance, although the China Insurance Regulatory Commission has recently issued relevant regulations to solve the problems that have been criticized in the field of auto insurance claims, such as "no blame, no compensation," "high insurance, low compensation," and other issues, consumers' rights need to be better protected and they need insurance. Demonstration regulations and a series of supporting actions were introduced.

channel:

Five Ways to Solve Consumer Controversies Although the specific regulations in the automobile consumption sector are not yet perfect, consumers still use existing laws and regulations to maximize their own interests. According to lawyer He Wanlong of the Civil and Administrative Law Committee of the Foshan City Lawyers Association, consumers can defend their rights by solving five problems: (1) negotiating a settlement with the operator; (2) requesting consumer associations to mediate; (3) referring to the relevant administrative authorities. Departmental complaints; (4) According to the arbitration agreement reached with the operator, submit the case to the arbitration institution for arbitration; (5) File a lawsuit with the People's Court.

In addition, consumers should also pay attention to and master the statute of limitations. Among them, the period of limitation of action for civil compensation for damages to the body is one year, and the period of limitation for claims for damage due to defective products is two years. Accordingly, when the rights and interests of consumers are infringed upon, they must promptly file a lawsuit to the court. Otherwise, it is reasonable to lose the lawsuit.