Recently, Caijing.com, the operator, was exclusively informed of a judgment document, claiming that the Corolla smart version car produced by Tianjin FAW Toyota had quality defects. The owner spontaneously ignited in less than 3 months, causing surrounding vehicles and cables. Then, although the court found that the Corolla car had quality defects, the owner still had to compensate for the losses, and the owner was really wronged.
The certificate shows that the car spontaneously ignited.
According to legal documents, from 2065438 to May 2009, Xu bought a Toyota Corolla Smart Edition sedan in Tianjin FAW Toyota dealer Huai 'an Zhonghe Toyota Sales & Service Co., Ltd. (hereinafter referred to as Zhonghe Company). Two months after the purchase, the vehicle spontaneously ignited, causing damage to surrounding property. Xu believes that the manufacturer Tianjin FAW Toyota should be liable for compensation.
2065438+On August 26th, 2009, Qinghe District Brigade of Huai 'an Public Security Fire Brigade identified the accident as a fire accident, and determined that the fire was caused by the area near the right side of the rear seat of Toyota Corolla Smart Edition, which can eliminate the fire caused by lightning strike, external fire source and automobile electrical circuit failure.
Xu claimed that Tianjin FAW Toyota had to pay its own vehicle loss of139,474.36 yuan (vehicle value119,800 yuan, vehicle purchase tax 1060 1.77 yuan, material cost of 2,680 yuan and insurance premium of 6,392.59 yuan).
Tianjin FAW Toyota refused, insisting that the car was fine.
Tianjin FAW Toyota responded that the quality of the cars involved met the national standards and there were no quality defects. It pointed out that the fire accident certificate did not identify the quality problems of the cars involved and could not be used as effective evidence to claim the quality problems of the cars involved. The investigation report and appraisal submitted by Tianjin FAW Toyota can prove that there is no quality problem in the car involved.
At the same time, he questioned the amount of compensation he claimed and thought that so much compensation should not be paid. Tianjin FAW Toyota said that Xu's car had been used for some time at the time of the accident, and its value should be depreciated; At the same time, it is pointed out that there is no vehicle purchase tax and it should not be compensated. The material cost of 2680 yuan has no factual basis; The insurance premium of 6392.59 yuan does not belong to the scope of loss; Scrapped vans lost 20,000 yuan, neighbors lost property 1000 yuan, and kindergarten cables lost 5,000 yuan, which has nothing to do with this.
The court found that the car was defective, but the judgment made the owner feel wronged.
The focus of the dispute in this case is: 1. Whether Tianjin FAW Toyota should be liable for compensation; Two. If you should be liable for compensation, what is the specific amount?
The court held that producers can seek compensation for the damage caused by product defects. In this case, although the fire accident certificate does not specify that the vehicle is faulty, the vehicle is a special product, and the producers and consumers are completely unequal in mastering a large number of complex information such as the composition, performance and technical characteristics of the vehicle. Therefore, as long as Xu Can proves that the vehicle involved is not caused by external reasons, nor by improper maintenance, modification, driving or parking, it is very likely that the vehicle itself has defects.
After investigation, an accident occurred less than three months after Xu's vehicle was purchased. At that time, the vehicle was still in the warranty period of the whole vehicle and burned under normal parking conditions. The fire department has determined that the fire point is located in the right area of the rear seat of the vehicle, excluding external fire sources. Fire caused by vehicle circuit failure is not excluded. Considering the consumer's proof ability and professional knowledge, the court found that the evidence provided by Xu had reached the proof standard of high probability, and it could be concluded that the fire was caused by the defect of the vehicle itself.
Finally, the court ruled that Tianjin FAW Toyota compensated Xu for the vehicle loss of 139274.36 yuan (vehicle purchase fee1kloc-0/9800 yuan, vehicle purchase tax 1060 1.77 yuan, and insurance premium of 6 192.59).
However, because Xu failed to provide tangible evidence for the kindergarten to compensate the van, neighbors' property and cable losses, the court rejected this part of the lawsuit.
Does Chen Liming, the vice president in charge of production of Tianjin FAW Toyota, know?
This happened when Xu bought a car last year. It is really puzzling that Corolla spontaneously ignited within three months. And Corolla is a representative model of Toyota. Chen Liming, deputy general manager of Tianjin FAW Toyota Company, wondered if he knew about it.
It is understood that Chen Liming is a veteran of Tianjin FAW Toyota. Prior to this, he was the director of production management department of Tianjin FAW Toyota, directly responsible for production management. Later, he was transferred to assistant general manager of Tianjin FAW Toyota and deputy general manager of Tianjin FAW Toyota, in charge of production of Tianjin FAW Toyota.
Recently, Chen Liming often appeared in public to introduce the progress of anti-epidemic and resumption of production of Tianjin FAW Toyota, which is regarded as a stable distribution system by the industry. This is a good thing, but Chen Liming should pay more attention to the control of automobile quality problems.
Million car purchase subsidy