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Buy new car before New Year
Spend the New Year to come home
It is a particularly glad thing originally
But the car in journey breaks out spontaneous combustion however by burn down
And be destroyed because of accident scene
Car advocate claim for compensation encounters appraisal difficulty
Recently, the property damages dispute that Changshu court careful writtens guarantee spontaneous combustion of one origin car is caused, let Xiaosi take you to review details of a case!
On November 10, 2017, accuser Mr Lu is in Changshu inn of some car 4S buys a car, pay money paid for something purchased or received for something sold 187 thousand yuan in all.
Car will go up on November 15 at of the same age card. On Feburary 20, 2018 (during Spring Festival of the traditional Chinese calendar) , mr Lu drives native place of this car Hui Huaian spends the New Year, who knows the car in road spontaneous combustion of abrupt on fire, although rush to save life and property of classics fire control, but the car is complete already burn down, be Ied hope the car is in park condition at that time, did not cause personal casualty. Mr Lu thinks, car from before buying an accident only travel 3900 kilometers, suspect problem of quality of car of spontaneous combustion department is caused, satisfy one paper indictment to sell the car inn of 4S of Changshu of company, this brand to sue to Changshu court, ask two the accused compensate for car loss and goods loss to wait add up to RMB 200 thousand yuan.
Front courtyard careful
Two the accused rejoin say, accuser fails to offer evidence to prove experience case car fastens the on fire that product quality reason causes; No matter this case is qualitative for property damages dispute, still be case of product liability dispute, view tort one party ought to be mixed to existence tort behavior damage a fact, and the related concern between assumes quote responsibility; The according to accuser accredit after case hair, technical personnel in accuser and 4S inn the staff member's testimony fell to have technical collate test to experience case car, did not discover wired road is unusual. Technical personnel returns discovery, experience case car has many firecracker debris in ground debris, vent-pipe bottom and ground also have firecracker debris, also discover doubt is like firecracker debris inside gear-box housing, because this technology personnel decides,this the accident does not exclude foreign account.
But as a result of the car after the accident advocate already carried car debris too storehouse, caused difficulty to farther judicatory appraisal. The judge tells party, appraisal result bears immediate decision appraisal cost by who, accuser will destroy the behavior of trouble spot possibly to assume particular risk for its. Classics court organization talks things over after, former, the accused reachs intercessory agreement finally, inn of the accused 4S is one-time compensation accuser RMB 20 thousand yuan, RMB of accuser of one-time compensation of company of sale of the accused car 5000 yuan. Bilateral at this point case bear thing.
Xiaosi reminds
Once produce belongings to damage, party closes right increase to safeguard oneself, facilitate at the same time later period lawsuit, ought to withhold relevant and primitive data, protect good accident scene, the appraisal orgnaization that waits to have aptitude undertakes handling, cannot destroy at will, bring difficulty to judicatory appraisal not only otherwise, still will assume risk of law of judicatory appraisal incapable.
