I found that the second-hand car I bought killed the owner of the car and finally got one refund and one compensation

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 I found that the second-hand car I bought killed the owner of the car and finally got one refund and one compensation


Hyundai Express News happily bought a second-hand car, but accidentally found that the car had hit and killed people, and afterwards the car shop said it did not know it was an accident car and would not refund. Mr. Ji, a citizen of Nanjing, met with such a misfortune. He questioned the fraud of the car company and sued it in court. But in the face of Mr. Jis query, the head of the car company was also wronged, even claiming that he was also a victim. On January 2, 2020, modern express reporter learned that recently, Nanjing Intermediate Peoples court made a final judgment on the case.

u25b3 vehicles involved

Its very difficult to return a used accident car

In December 2018, Mr. Ji, who just got his driving license, was very excited, and finally he could drive on the road. But the new car is too expensive. Mr. Ji decided to buy a second-hand car. He is a novice and just can practice.

u25b3 purchase contract

In the afternoon of the same day, Mr. Ji signed a contract with Ma Mou, the person in charge of Ma zhiche, to purchase the car at the price of 88990 yuan. The contract signed by both parties also specifically states: to ensure that there is no major accident, no blister, no fire, no crash, if any, car return, refund and compensation for loss.

But it wasnt long after he picked up the car that Mr. Ji found that although the mileage of the car was not high, the driving feel was fleshy, the accelerator always failed to work hard, and the acceleration was much worse than that of the same type of car. What makes Mr. Ji more suspicious is that when he insures the car, he has to pay nearly 40% more insurance premium than other cars. Did he buy an accident car?

u25b3 insurance information shows that the car has had an accident

In order to confirm his conjecture, Mr. Ji called the insurance company on January 2, 2019 to find out the previous claim records of the car. He was surprised by the results: the seemingly brand-new Volkswagen sedan had a major traffic accident two years ago, which killed one person, and the owner of the car ran away.

This discovery is like a bucket of cold water pouring over Mr. Jis head. He immediately finds Ma Mou and hopes to return. However, Ma said he did not know that the car was an accident car, only to provide part of the compensation, and did not agree to refund the car. After more than ten unsuccessful negotiations between the two sides, Mr. Ji filed a lawsuit at the car dealership on February 22, 2019.

According to the indictment, Mr. Ji believed that there was fraud in Ma Daos car shop, and asked him to cancel the car purchase contract, return the purchase money and pay three times the compensation for the purchase money. And pay vehicle insurance premium, interest on car purchase loan, transfer fee, fuel charge, etc.

Losing in the first instance and winning in the second, responsibility distribution is the focus

On March 13, 2019, the peoples Court of Qixia District, Nanjing city held a court session to hear the case. Ma zhiches agent lawyer said in the court that the car was purchased by Ma zhiches from a used car dealer. Due to the good condition and low mileage of the vehicle involved, in order to pursue efficiency, the car dealer did not verify the specific situation and did not intentionally cheat.

Ding, as a witness, testified in the court that the vehicle involved was purchased from others on December 6, 2018 and transferred to Ma on that day. At the time of acquisition, he also did not check the maintenance record, when the normal car dealer receives the car, if there is structural damage to the car, it can be seen to the naked eye, but the vehicle involved is basically the original factory paint, so at that time, it was not checked.

Mr. Ji is not satisfied with this result. He believes that Ma Daos failure to fulfill its legal obligations and conceal the occurrence of a major accident involving the vehicle involved constitutes fraud. However, the decision of Qixia District Peoples court reduced the burden of proof of the car company, which was obviously wrong. Later, Mr. Ji appealed to Nanjing Intermediate Peoples court.

On October 25, 2019, Nanjing Intermediate Peoples Court (hereinafter referred to as Nanjing Intermediate Peoples court) held a court session to hear the case. The second instance of Nanjing Intermediate Peoples court held that the focus of the dispute in the case was the distribution of the burden of proof, the identification of facts and the substantive handling of whether the case involved in the sale of second-hand cars constituted fraud.

Nanjing Intermediate Peoples court also specially proposed that, as a professional used car economic center, Ma Zhi car company is familiar with this industry, compared with ordinary consumers, Ma Zhi car company has stronger ability of proof, so the burden of rebuttal proof for Ma Zhi car company should be greater than the burden of claim proof for consumers.

u25b3 according to the central court, the act of horse arriving at the car shop constitutes passive inaction

In view of the fraud in this case, Nanjing intermediate court believes that fraud can be divided into positive fraud and negative inaction. The vehicle involved in the case has had a major accident before, and the relevant accident records can be inquired at any time. However, the horse arriving vehicle bank has the ability to fulfill the notification obligation but has not been informed, which constitutes a negative omission.

On December 7, 2019, Nanjing Intermediate Court issued a judgment on this case: the first trial decision found that the facts were wrong, and the relevant judgment was revoked. Cancel the sales contract between Mr. Ji and Ma zhiche, and ask him to return the car involved to the dealer. At the same time, Ma was ordered to return Mr. Jis purchase price of 88990 yuan, transfer fee of 100 yuan, fuel charge of 400 yuan, and double the compensation of 88990 yuan.

Second hand car transactions need to be cautious, and lawyers say that car purchase contracts need to be watched carefully

On January 2, 2020, Ma said in an interview with a reporter from the modern express that he accepted the courts judgment. Ma told reporters that he has been engaged in the second-hand car industry for nearly 8 years. This is the first time he has encountered such incidents. He did not intentionally cheat. When the reporter asked whether he would pursue responsibility to Ding, Ma said, its all peers, not easy to talk about.

On the afternoon of January 2, Chen Jiuwen, Mr. Jis acting lawyer, told reporters that at present, online second-hand car trading is very popular, but the corresponding second-hand car trading market is very chaotic, and such encounters as Mr. Ji happen from time to time. According to Chen Jiuwen, according to the relevant regulations of the law of the peoples Republic of China on the protection of consumers rights and interests, consumers have the right to claim one refund and three compensation for similar situations, but the courts decisions are not uniform.

Its lucky for Mr. Ji to get compensation for one refund and one compensation . Many consumers cant even get one in the end. Chen Jiuwen called for that, although the current consumer rights protection law provides for one refund and three compensations, the standards of judges are not uniform in different regions, some of them do not pay for returning cars, some of them pay for one refund and some of them pay for three compensations, so now it is more important to unify the standards of judges.

In an interview with the reporter of modern express, Mr. Ji said that he could accept the relevant judgment results and the court helped him recover the losses. As long as the compensation is in place, he will not continue to pursue.

According to Mr. Ji, in order to protect his rights, he spent nearly a year before and after, consuming a lot of time and experience, and additional compensation can only guarantee that he will not suffer losses, not benefit from it.

Chen Jiuwen said that when people buy used cars, they must see clearly the ownership of the contract and whether there has been an accident. If there is no such content in the terms of the contract, they should supplement it completely. It is recommended that the public call the insurance company to see if there is an accident before buying a used car. If possible, they can also go to a professional to check the car.

(source of picture: provided by the party concerned)

(function() {(window. Slotbydup = window. Slotbydup| []). Push ({ID: u5811557, container: ssp_, async: true});}) ()); source of this article: responsible editor of Modern Express: Du Shuo