129784668257241250_486Test drive vehicle crashed into waste 4S shop poster claims 1.28 million
Illustration sungkai miss Dr test drive millions of vehicle during driving ran into a wall, leading to disability. Accident responsibility determination, Miss Yang bear full responsibility. Today, the 4S shop will miss Dr to court
tera gold, demanding huge compensation $ 1.288 million. For 4S shop high claim, Miss Yang said it is difficult to accept. This reporter learned from the Chaoyang District Court this morning, the hospital hasFormally accepted the case. Test drive wall 1.28 million Feng Bao Chi 4S shop claims to court saying the company on February 4 this year, Lady Yang to their showroom, required after the test drive. Staff review of Miss young's driver's license, and tell her more about the vehicle's performance and usage. Zhihou, test drive agreement was signed between the two sides, and arranged for company salesmen accompanied driving。 During the test drive, Miss Yang due to error, driving ran into a wall, car scrappage. After the incident, confirmed by the Exchange Control Department, Miss Yang to take full responsibility for the accident. Now, Miss Yang Feng Baochi company sued the Court
tera gold, put forward higher claims $ 1.288 million. Feng Baochi company's agent told reporters, they are in accordance with the compensation requested by the cost of imported vehicles.In an interview with reporter learned that, Miss Yang import original Ford Mustang GT500 test drive is a model. Yang is not a newbie, have 5 years driving age.
For the cause of the accident, Miss Yang who declined to be named, but she thought it should all her money to pay for it. Miss Yang's lawyer told reporters that Yang test drive vehicles belong to the run of the car class, horsepower more, different from the ordinaryCars in foreign countries like the high-powered cars, special training should be carried out before driving, but the 4S shop directly driving miss Dr.
In addition, they found that this test drive 4 tread mill, turning easily slide, so they also questioned the performance of the car. Miss Yang's lawyer said that when representations, dealers telling them that on this car only hasStrong and dangerous, for which they need further verification. As far as he knows, on many 4S shops will try to drive business all risks insurance.
Miss Yang's lawyer also said that because the case had just complained to the Court, they are still collecting further evidence, to understand the situation. Who drives who bear responsibility in principle try driving car accident, Miss Yang is certainly not the first. Compensation for such largeIndeed is a bit shocking. Test drivers had an accident, and who will bear responsibility?
Many consumers are showroom will have such a question? Traffic Commission Director Zhang Jin-Peng told a press conference in Beijing Lawyers Association, recently was on the Supreme People's Court concerning the trial of cases of road traffic accident damages applicable law problems of interpretation (draft for soliciting opinions) to allRequest for comments.
Draft test procedure for motor vehicles in traffic accident liability for damage caused to a clearly defined, it should be up to the driver liable; provides test services for damages by a party at fault, liable for damages. Zhang Jinpeng lawyers told a press conference, loss of property damage both vehicles, including cars, vehiclesStaff of personal injury. Before the draft, incidents in China's laws while on a test drive of no clear provision on the responsibility, but according to the legal presumption, and should be held accountable by the test drive to.
4S stores only on the premise of one, to fault within the scope of liability. 4S shop only at fault at your scope of responsibility Zhang Jinpeng lawyer said,There are no special legal provisions for a test drive. As an adult, test drive first to be held accountable for their actions. 4S shop provides test services, as long as they meet the General legal provisions on road driving tests on the driving licence, subject to strong and dangerous, to drive people to the necessary review: if it's not the drive available to test without a driver's license, driver's license expired, obviously drunk, orPersonnel of the drug is not suitable for driving, such as driving, 4S shop meet the obligations. Unless the 4S shops provide test drive car has a serious quality problem.
If you are participating in the 4S shops or manufacturers to test drive events organized by accident, responsibility principle of active-site for a test drive and test drive the same, only for the organizers is to take responsibility for mistakes. According to the reporter's investigation,4S shop of qualification requirements are strict for a test drive, drive must be more than 2 years old
tera power leveling, and some of them are loose as long as there is a driver's license on the line, whatever is not just to hand.
4S stores audit standard tightness is different from that, once the car had an accident, 4S shop is responsible therefore differ? Analysis of Zhang Jinpeng lawyer believes that legal requirements if you have a license you can the road just driveAccording to hang after the first year practice logo. "4S shop, driving no more than one year of age had better not let his personal test drive. But this is not mandatory. As long as the test drive who has a driver's license, even though 4S shop for a test drive by driver's age or driving standards strictly reviewed, nor does it constitute a fault within the meaning of the law. "Beijing Guang Heng Law Office Director Zhao Sanping said4S stores if you do not meet the necessary duty of care, should bear some responsibility in the scope of oversight, so that in this case should be appropriate to reduce the responsibilities of test drive.
Zhao Sanping counsel, the necessary duty of care should include a test drive, get a driver's license shall be effective, non-drinking more than 1 year and a driver's license. Test drive lawyers advise caution for test driveInsurance, also consulted a premium brand car sales staff. The industry told journalists, mandatory insurance is mandatory provisions of law, so all the road running test drive will definitely turned stronger insurance. But, for security reasons, most of the 4S shops in addition to strong risk, also will try to drive business risk, but this is the business of personal behavior, is not strongCompulsory provisions. "Even if the insurance indemnity, test drive also has to bear the responsibility, because there's not only a vehicle costs, depreciation losses. But if the vehicle is full of risks, test drive and 4S shop consultations would have little room for manoeuvre. "Zhang Jinpeng lawyers told reporters, if you try to drive only on the high risk, high risk property damage limits within only 2000 dollars, and high risk personal injury compensation does not include personnel on board the vehicle.
Therefore, Zhang Jinpeng lawyer reminds consumers that test drive is a risk, not familiar with the vehicle not to easily test drive. Reporters investigate loose tight the threshold test drive car driving and uneven, especially just to take a driver's license test drive the risk is even greater in the near future. 4S shop for a test drive if there is aRequests? Successively on the identity of the reporter as a regular test drive 5 kinds of high, medium and low end brands models to investigate, find different brands 4S shop for a test drive of the vehicle requirements and there is no uniform standard.
But overall, more strict with more high-end models of the test drive, the cheaper the car lower requirements. Are all 4S shops require a test drive must have their driver's licence. Compared toXia, a high-end brand of the car on a test drive requires more stringent, journalists were told, to test drive driving must be at least two years old, there is no room for negotiation.
Sales personnel also took the initiative to inform journalists, to sign an agreement on the test drive before you test drive, test drive any loss risk. Two other midrange car brand told reporters, to test drive driving age shall be one year. Reporter tentatively with saleStaff bargaining, but they refused: "one year following certainly not, because the risk is too great.
"Sales also told reporters that even if the driving age for a year, but during the test drive, if accompanied driving people think journalists can't open, and will immediately abort the test drive. Journalist consulted two low-end car brands 4S shop, on the test drive was significantly reduced at the request of many. Journalists have been informedAs long as there is a driver's license to practice. "Can I just get my driver's license? "" As long as you own your heart spectrum, think they can drive on the line, there is no age requirement. "But both store staff also told reporters that the signed test agreement before, knocking themselves. Reporter Zhang Lei
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