Fixed loss of 80 thousand yuan maintenance fee of 10 thousand Audi 4S shop profiteering car repair
[car home Information] Mr. Zhang’s Audi Q7 had a minor accident, and the insurance company later set a loss of more than 80,000 yuan. This price is really not cheap on an ordinary car, but as an imported car, the victim Mr. Zhang does not have much doubts. It’s just that a car lamp with a price of more than 50 thousand yuan appeared in the insurance loss list. In fact, the car lamp was not damaged in the accident. Although Mr. Zhang was puzzled, he still trusted the 4S shop and did not question it. After half a year, Mr. Zhang saw in the maintenance record that the last total maintenance cost was only more than 10 thousand yuan, and where did the remaining less than 70 thousand yuan go? Did it go into the pocket of a 4S shop?
● In the case of a minor accident, the staff of the 4S shop fixed the damage on their behalf, and the amount of fixed damage was as high as more than 80,000 yuan, and the undamaged headlights were fixed at 50,000 yuan.
The 2019 Audi Q7 55TFSI technology driven by Mr. Zhang was out of danger on February 3 this year. The time when Mr. Zhang was out of danger coincided with the Spring Festival, so he was dragged to work on February 7 after the holiday to go through the relevant loss determination procedures. It was the employees of the 4S shop who gave Mr. Zhang a loss determination.
"2019 Audi Q7 55TFSI technology type"
According to the vehicle inspection photos taken by the 4S shop, the right front face, the right front fender and the right front wheel of the vehicle are all bruised to varying degrees. The insurance company’s loss-fixing records show that the car’s loss-fixing replacement amount is 82,534 yuan, of which the most expensive accessory is the right front headlight assembly with a loss-fixing price of 50,254 yuan, followed by the front bumper with a loss-fixing price of 13,086 yuan, followed by the right front fender with a loss-fixing price of 6,220 yuan.
"Mr. Zhang’s Audi Q7 test photo"
In the inspection photos, the right fender was the most seriously damaged, basically all the fenders were deformed, and there were many scratches on the paint surface and the wheel eyebrows were damaged, so it was really necessary to replace them. The bumper only has scratches on the right front side, and obvious scratches can also be seen on the right wheel rim. However, the right front headlight of the vehicle is not damaged, and it can still be lit normally, and no visible scratches can be seen.
Mr. Zhang’s inspection photos of Audi Q7 right front headlight showed no obvious damage.
All the damage assessment procedures went smoothly. After the damage assessment documents came out, Mr. Zhang only had doubts about the damage assessment of the right front headlight. Mr. Zhang said that the right front headlight was inspected on the day of the accident, and there was no damage, but I don’t know why the damage was given. The after-sales staff of the 4S shop said that there was a hole behind the right front headlight, so it needed to be replaced. Although Mr. Zhang had doubts about this, he didn’t think much about it. He thought that the 4S shop should not be faked, so he didn’t pursue it again.
● Mr. Zhang accidentally found something fishy. 4S shop: The accessories are genuine, but they are not original parts. I hope to sum up for fear of being fined.
Mr. Zhang’s car was later repaired by the 4S shop. After half a year, a dramatic scene happened. Before preparing for a major maintenance, Mr. Zhang wanted to check the last maintenance record, so he downloaded an App from FAW Audi. Later, Mr. Zhang found the maintenance record entered by the 4S shop during the last Spring Festival, which showed that the maintenance amount was 13,863 yuan, which was 68,671 yuan lower than the previous loss amount of 82,534 yuan. So where did the 68,671 yuan go? In the 4S shop maintenance record provided by Mr. Zhang, the most expensive right front headlight assembly in the previous damage assessment document did not appear in the maintenance list.
"Mr. Zhang’s Audi Q7 has a fixed loss of 82,534 yuan. Click on the picture to see a bigger picture."
Mr. Zhang felt that the 4S shop was tricky, so he directly called the 400 customer service of FAW Audi manufacturer, and the complaint immediately took effect. The 4S shop then contacted Mr. Zhang to communicate. Mr. Zhang said that during the negotiation, the after-sales staff of the 4S shop said that the most expensive headlight group was genuine and had a customs declaration form, but it was not originally purchased by Audi, which means that the headlights were sub-factory parts. The explanation given by the after-sales staff of the 4S shop is that the original accessories of Audi are very expensive. This statement was subsequently confirmed in the 400 customer service of FAW Audi, saying that the 4S shop has two systems.
"The maintenance fee that Mr. Zhang found on Audi App is 13,863 yuan."
Mr. Zhang believes that it is naked fraud for 4S stores to replace the original parts with deputy factory parts. According to Article 55 of the Consumer Protection Law, fraud should be refunded for one and compensated for three. Mr. Zhang filed a claim for compensation with the 4S shop and hoped to get at least 2.5 times the compensation. 4S stores may face hundreds of thousands of penalties for fear of fines from manufacturers, so they seek reconciliation from Mr. Zhang, and hope that Mr. Zhang can cancel the complaints from manufacturers and agree with Mr. Zhang’s demands, saying that it will satisfy Mr. Zhang.
Ten days after Mr. Zhang withdrew the lawsuit, the 4S shop changed its tone again, saying that Mr. Zhang’s car was a bus, so it was not suitable for the relevant laws of returning one and losing three. Mr. Zhang said that his car is a personal car, only bought in the name of the company, not a business car.
"Statement given by Mr. Zhang"
Later, Mr. Zhang complained to the manufacturer’s 400 customer service again. However, after this complaint, the 4S shop ignored Mr. Zhang’s appeal, and neither the manufacturer’s customer service nor the 4S shop gave any follow-up compensation plan, only saying that the relevant accessories could be replaced. Mr. Zhang said, "In the follow-up, more than a dozen complaint calls were made. The manufacturer was more like a microphone. At first, there was a reply. Later, even the reply was gone, and no substantive problem was solved."
Two weeks ago, Mr. Zhang complained about this matter to the Changsha municipal hotline. On November 21, a market supervision administration in Changsha called Mr. Zhang and said that the 4S shop had a requisition, which could prove that the parts replaced for Mr. Zhang were not sub-factory parts. Mr. Zhang said that the regulatory authorities have never called themselves before and have not communicated accordingly. But last Friday, Mr. Zhang received WeChat from the after-sales staff of 4S shop. "The industrial and commercial department has stepped in and will talk to both parties later. Please know!" Mr. Zhang has doubts about the relevant investigation links, because no one has inquired about the victims.
At present, the 4S shop only promises to replace the parts that Mr. Zhang has doubts about, but does not give any compensation. Mr. Zhang’s own appeal is that the accessories can be replaced according to the insurance loss. At the same time, the 4S shop should make a refund for fraud.
● Related practitioners: 4S stores do have hidden rules for purchasing accessories through non-original channels, and consumers will not be informed.
Practitioners of relevant 4S stores said that the maintenance of 4S stores must use the original authorized accessories, but at present, some 4S stores do have hidden rules in the industry, that is, one is to order authorized original accessories from formal channels, and the other is to buy accessories from non-original channels. Although the manufacturer explicitly requires that the 4S store must purchase accessories from the manufacturer, the 4S store has accessories purchasing indicators every year, and some indicators are almost the same, or the ordering cycle of the original accessories is too long, the 4S store will consider purchasing from outside, and the 4S store will have a fixed cooperation channel for outsourcing. However, 4S stores usually don’t take the initiative to tell consumers which are original accessories and which are not. In fact, these are all non-compliant. Consumers usually think that 4S stores provide original accessories.
"The picture is only a sign, and has nothing to do with the case."
At the same time, when determining the damage, the insurance company will authorize the brand that the accessories and maintenance prices of 4S shops are higher than those of ordinary repair shops, in order to be able to pay the related expenses of original accessories. After all, the price of original accessories is higher, and the use of non-original accessories for 4S shops is nothing more than making more money. It is also non-compliant for a 4S shop to handle the loss-fixing business for an insurance company.
● Lawyer: In case of suspected consumer fraud, court proceedings will be the best way to obtain strong evidence.
Relevant lawyers said that there were many doubts about the operation of Audi 4S shop, and some accessories seen in the fixed loss were not seen in the maintenance list, which was directly suspected of consumer fraud. According to the 4S store, Mr. Zhang’s car is a bus, so the Consumer Protection Law is not applicable, but in fact, the Consumer Protection Law protects all citizens, regardless of public or private, and it does not affect the conclusion of consumer fraud. The company is also a consumer subject. Local legislatures almost unanimously believe that units are also the main body of legislative protection of consumer rights and interests, and the rhetoric of 4S stores obviously does not comply with relevant laws.
"The picture is only a sign, and has nothing to do with the case."
Lawyers suggest that if Mr. Zhang goes to relevant departments to obtain evidence, any link in the middle will be wrongly identified by unprofessional people, which will lead to Mr. Zhang’s failure to realize his claim. The shortest way for Mr. Zhang to solve this problem is to defend his rights through court proceedings and let the court intervene, so that the 4S shop as the defendant will have to bear the burden of proof. If the 4S shop continues to commit perjury, it can be directly identified as consumer fraud. According to the relevant provisions of the Consumer Protection Law, the court can directly punish the 4S shop according to law. If the evidence of the 4S shop is true, the court finds that there is no case of replacing the original parts with the deputy parts, and the items on the maintenance list are consistent with the actual risk assessment, then it can be judged that there is no fraud in the 4S shop.
According to the relevant provisions of Article 55 of the Law on the Protection of Consumers’ Rights and Interests, if a business operator commits fraud in providing goods or services, it shall increase the compensation for the losses it has suffered according to the requirements of consumers, and the amount of compensation shall be three times the price of the goods purchased by consumers or the cost of receiving services; If the amount of additional compensation is less than 500 yuan, it is 500 yuan. Where there are other provisions in the law, such provisions shall prevail.
"The picture is only a sign, and has nothing to do with the case."
Mr. Zhang previously said that there was evidence such as recordings of conversations with employees of 4S stores, but when the court made a judgment, it would combine other evidence to make a judgment in addition to the recorded evidence. Lawyers said that the court, as the main adjudication organ of disputes over civil legal relations, can achieve the most efficient and authoritative one-stop dispute settlement effect, especially when the time is relatively long and the two sides hold their own words, and court litigation is the most effective solution.
* Note:The cases selected in this paper are typical cases, which have no direct relationship with the number of complaints. For the sake of privacy protection, the owners in the real cases in this paper are all pseudonyms.
"car home Complaint Platform" takes the mission of "providing consumers with a high-quality environment for car consumption and car use", devotes itself to safeguarding the legitimate rights and interests of car owners, and builds an online information service and communication platform for consumers and businesses. Exclusive complaint hotline: 400-961-6666 to 5, and the answering time is 9: 00-18: 00.
● Write at the end:
Although insurance maintenance does not require consumers to pay any fees, it does not mean that it can be careless, and there are often hidden rules of profiteering in the middle. Before maintenance, consumers should confirm the relevant maintenance items, accessories and other information and ask for maintenance documents. Minor defects, major repairs, minor damage, direct replacement of new accessories, and use of non-original accessories may all occur. The quality of using non-original accessories cannot be guaranteed. If you are fully responsible, the cost of going out of danger may also affect the premium for the second year. Therefore, to remind consumers, we should still be vigilant and avoid mistakes in easy-to-neglect links. (Text/car home Qin Chao)