Liu Fengyang didn’t expect that a good car caught fire in the parking garage.
On June 1, Lu Fengyang received a phone call from the community security guard and was told that the vehicle was on fire. After going to the scene to investigate, the insurance company’s claim adjuster thought that the vehicle fire was spontaneous combustion, and Lu Fengyang did not buy self-ignition insurance and could not get insurance subsidies.
On June 19th, the public security fire department of Jing ‘an District detected that the fire point was the storage battery in the engine compartment of the vehicle, and the fire broke out due to the failure of the storage battery. "As soon as the certificate came out, I made representations with Mercedes-Benz manufacturers and the personnel of 4S shop Dongchi Company on June 20, and the other party proposed that the vehicle must be towed to the store for testing before talking about relevant rights and interests." Lu Fengyang said.
Vehicle shell damage. The Paper reporter Zhu Yitu
On July 13th, 4S shop Dongchi Company and Mercedes-Benz manufacturers towed the car for inspection. On September 20, the appraisal report of Mercedes-Benz manufacturer was delayed. When Lu Fengyang asked about the test results, the technicians of Mercedes-Benz manufacturer replied "basically the same as the public security fire appraisal results". On the same day, the relevant staff of Mercedes-Benz came to talk with Lu Fengyang about compensation. Lu Fengyang asked the Mercedes-Benz manufacturer to restore the damaged car to its original state. According to the quotation from the 4S shop to the Mercedes-Benz manufacturer, the cost of restoring the car consisted of 330,051 yuan for accessories and 28,600 yuan for total working hours, totaling 358,651 yuan.
The relevant staff of Mercedes-Benz said that they only agreed to compensate the residual value of this car, that is, the valuation of the same car on the used car website in the same year was 152,000 yuan and the purchase tax. 4S dongchi company said that it could not provide other negotiation schemes.
So far, Lu Fengyang’s car is still parked in the 4S shop. The Paper (www.thepaper.cn) reporter saw at the scene that the front of this black Mercedes-Benz car was seriously damaged, the battery of the car was basically burnt out, and the co-pilot and the front windshield were also burnt out. Lu Fengyang said that he will choose legal channels to safeguard his legitimate interests.
Insurance company: the owner is not responsible for not buying self-ignition insurance.
After the car caught fire, Liu Fengyang was very puzzled about it.
At about 7: 00 pm on June 1, Lu Fengyang, who lives near Jing ‘an Temple in Shanghai, received a phone call from the community security guard. "There was smoke in the underground garage. I think my car is parked in the corner, so it should be out of the way. Keep going, and call again after a few steps, saying that my car is on fire. "
According to him, although the fire vehicle was purchased five or six years ago, it only ran about 100,000 kilometers. One week before the incident, Lu Fengyang did not drive this car, and the car itself was not electrified. And the underground garage is relatively cool. It was not a hot day on June 1st, and it happened in the evening, and the temperature was not high.
Lu Fengyang confirmed that there were no flammable materials such as lighters and perfumes in the car before the incident, and there were not even paper towels. The car has never been modified, and the batteries are all original, and they are all maintained in the 4S shop in strict accordance with the deadline.
After the incident, Lu Fengyang called the insurance company. After going to the scene to investigate, the adjuster of the insurance company gave the answer that the fire of the vehicle was spontaneous combustion, and Lu Fengyang did not buy self-ignition insurance, so he could not get insurance subsidies.
Public security fire control: battery failure and fire.
On June 2nd, Lu Fengyang went to Jing ‘an Public Security Fire Department to apply for fire cause identification, hoping to further investigate the cause of the "spontaneous combustion" of Mercedes-Benz.
On June 7, the public security department sent professionals to the scene to detect the cause of the vehicle fire. During the inspection, the owner needs to provide all the maintenance records of the fire vehicle, so Lu Fengyang made an appointment with the 4S shop Dongchi Company, which is responsible for maintenance, and went to the store to get all the vehicle maintenance records on the 8 th. On the same day, the maintenance records were originally printed, but when the staff heard that the maintenance records were used for the identification of fire accidents, they took back the materials on the spot, no matter how begged by Lu Fengyang.
Lu Fengyang, who was rejected, repeatedly asked the 4S shop for vehicle maintenance records and was told: "The notice from the headquarters is not allowed." Lu Fengyang said that the practice of 4S stores is very unreasonable, because "vehicle maintenance records are originally part of my right to know as a consumer". In the end, Lu Fengyang could only get the vehicle maintenance records from other channels in another name.
Letter of confirmation issued by public security fire control. Yuan Yuanshe
According to the test results of the public security fire brigade’s six visits to the fire site and the maintenance records of the vehicle, the public security fire department of Jing ‘an District issued the "Certificate of Simple Investigation on the Fire Accident of the Public Security Fire Brigade of Jing ‘an District, Shanghai" on June 19, and determined that the fire point was the battery in the engine compartment of the vehicle, and the fire broke out due to the failure of the battery.
Mercedes-Benz manufacturer: agreed to compensate the residual value of the vehicle.
Lu Fengyang originally thought that this certificate could help him safeguard his rights and interests, but I didn’t expect Mercedes-Benz manufacturers not to recognize the certificate.
"As soon as the certificate came out, I made representations with Mercedes-Benz manufacturers and personnel of Shanghai Dongchi Company on June 20, and the other party proposed that the vehicle must be towed to the store for testing before talking about related rights and interests. I emphasize that in China, the certificate of public security fire control on the cause of fire is legal and authoritative, but the other party ignores it. "
Helpless, after Lu Fengyang signed the Power of Attorney on July 6, on the 13th, the 4S shop and Mercedes-Benz manufacturer towed the car away for inspection, and told Lu Fengyang that the inspection usually takes 4 to 6 weeks, because the car caught fire at the battery, so the results will be available soon.
Shanghai Dongchi, who is in charge of maintenance. The Paper reporter Zhu Yitu
Nearly two and a half months have passed, and the appraisal report of Mercedes-Benz manufacturers has not yet reached Lu Fengyang’s hands. Lu Fengyang said that in the past two and a half months, he never stopped asking for appraisal reports and asking for compensation. However, the Mercedes-Benz manufacturer verbally promised that the test results would be produced as soon as possible, but later it was delayed on the grounds that the technicians were sick. On September 20th, Lu Fengyang asked the technicians whether they were sick, but the technicians clearly answered "No". When asked about the test results, the technicians answered "basically the same as the results of public security fire identification".
On September 20th, when the appraisal certificate was not issued, the relevant staff of the Mercedes-Benz manufacturer came to talk with Lu Fengyang about compensation. Lu Fengyang asked the Mercedes-Benz manufacturer to restore the damaged car to its original state. The cost of restoring the original state was 330,051 yuan for accessories and 28,600 yuan for working hours, totaling 358,651 yuan. However, the Mercedes-Benz manufacturer refused this request and only agreed to compensate for the residual value of the car, that is, the same car price in the same year was valued at 152,000 yuan on the used car website and the purchase tax.
Car purchase invoice provided by Mr. Lu. The Paper reporter Zhu Yitu
Lu Fengyang expressed great dissatisfaction with this. First of all, according to the car purchase invoice presented by Lu Fengyang, the purchase price of this car was 510,000 yuan, which was purchased in 2011. In the middle, this model experienced a round of depreciation and inflation. Lu Fengyang said that it was very inappropriate to compensate with the residual value.
At the same time, according to the public security fire appraisal, the cause of the car’s spontaneous combustion was caused by the battery problem. Lu Fengyang himself was not at fault, but suffered heavy losses. Lu Fengyang himself is a criminal lawyer. "I often go to the detention center, and the location is generally remote. It is very inconvenient to travel without a scooter." .
4S shop: No other negotiation scheme can be provided.
On September 25th, The Paper reporter followed Lu Fengyang to the Mercedes-Benz 4S store on Zhaohua Road.
On September 25, inside the burning car in the garage. The Paper reporter Zhu Yitu
The vehicle involved stopped at the entrance of the repair shop, and the traces of fire deformation on the hood were still clear. The right side of the glass in front of the car was damaged in a large area, and the glass in the damaged area had been carbonized to black. Lu Fengyang opened the front cover of the car and showed the reporter the internal situation. The equipment inside the car had traces of fire, and the original battery had been taken out.
On the morning of September 30th, accompanied by reporters, Lu Fengyang once again called 4S shop Dongchi Company and Mercedes-Benz manufacturers to complain about customer service.
The contact person of Dongchi Company clearly stated on the phone that the appraisal report needs to be presented by the manufacturer, and it is impossible to provide the appraisal report to Mr. Lu when the manufacturer has not given it to the 4S shop. At the same time, he repeatedly persuaded Mr. Lu to accept the compensation plan provided by the current Mercedes-Benz manufacturer, that is, compensation of 152,000 yuan and purchase tax. Mr. Lu did not accept the compensation plan, and the customer service of Dongchi Company said that it could not provide other negotiation plans, and did not accept Mr. Lu’s request for restitution.
After that, Lu Fengyang called the customer service hotline of Mercedes-Benz manufacturer and transferred it to the complaint service. On the phone, Mr. Lu told the whole story. Mercedes-Benz complaint customer service said that it would contact the manufacturer to urge the communication of this incident, and then it would reply to Mr. Lu by phone. For Mr. Lu’s repeated questioning about the reply time and reply method, the customer service said that it was impossible to determine the reply time at present, but he would reply by phone and conduct an interview invitation on the phone.
However, the relevant staff of Mercedes-Benz manufacturers who had previously negotiated compensation with Lu Fengyang stopped answering any phone calls from Lu Fengyang and did not reply to text messages after the negotiation of the compensation agreement failed on September 20. On September 30th, Lu Fengyang called the contact again, but the contact still didn’t answer.
Lawyer: The letter of confirmation issued by the public security bureau has legal effect, so it is suggested to take judicial channels.
For the solution to this incident, the reporter consulted lawyer Chen of Shanghai Jianhu Law Firm.
Lawyer Chen said that, first of all, the fire accident investigation certificate issued by the public security fire department has legal effect and should be used as evidence in court. Although Mercedes-Benz manufacturers can not recognize and request re-appraisal, the company should not issue an appraisal report, but should entrust a qualified third party to issue an appraisal report.
Regarding the negotiation of compensation scheme, Mr. Chen suggested that Mercedes-Benz manufacturers should compensate Mr. Chen’s traffic inconvenience and other losses caused by vehicle problems in addition to the vehicle’s fault.
"The vehicle fire caused by battery failure may have a greater impact, which may lead to personal safety injury if it occurs during driving." Therefore, Mr. Chen also suggested that Mr. Lu take judicial channels to claim compensation and protect his legitimate rights and interests.
"My initial purchase of Mercedes-Benz was also based on my trust in international brands." Lu Fengyang told reporters that in the four months since the vehicle caught fire, he not only felt the difficulty of safeguarding rights, but also felt disappointed with the awareness and practices of international brands in serving customers. In the case that Mercedes-Benz manufacturers handled the problem with such an attitude, he would choose to take legal channels to safeguard his legitimate interests.
