After the roll-over accidents caused by maintenance to prosecute the owner was d
Cheng sue automobile manufacturers and dealers, but not the court to support
Recall occurred on April 2 last year, early morning car accident, Mr Cheng and even "changed my life" to describe. Because he Drive The car plunged into ravine, killing one and injuring three, the painful consequences. Cheng, even though the driver was miraculously not injured, but then a series of follow-up to deal with matters, left him a headache.
2008 4 2 1 20 Xu, Cheng driving a Audi A6L cars from Xiamen to Pucheng bound, via State Road 205 line, the car suddenly plunged into a roadside ravine off the road, causing one death and injured more painful scenes.
After the accident, as the party drivers and car owners, Mr Cheng, the traffic police under the auspices of an agreement with the deceased, who died on the ride of common friends, paid compensation for death, a dependent living expenses, mental total of 330,000 yuan compensation for pain and so on. However, this aspect of Jianyang Cheng traffic police, if the vehicle can not prove a problem, Mr Cheng also criminal liability.
Subsequently, the traffic police brigade Jianyang Centre commissioned a forensic examination of the disintegration of vehicle accident, found that "before the vehicle around Brake Disk from the slots wear, severe wear over the use of technology requirements, brake disc and friction fit bad film, resulting in reduced braking traffic; front right wheel braking and driving the Chinese to the right side lag, especially in slippery roads easy to produce even when the direction of skid out of control, driving poor stability. "
2008 5 19, Jianyang traffic police unit made according to conclusions, "Traffic Accident", determined that the accident is an accident, Mr Cheng to exemption from criminal liability.
"Before the accident, my car just came in Xiamen, Audi dealer maintenance. Brake Problems, they should be able to check out. "Cheng said, so he Xiamen Audi dealers and car makers to court to require the other party to provide substandard services to bear the economic losses caused by Mr Cheng, a total of 396.68 thousand yuan, etc.. The case in this court of first instance on June 19 and Mr. Cheng has received court decision on his Shuliaoguansi.
Judgement, the Audi dealer Xiamen argue that they have specific performance of the vehicle detection and Service Service, there is no default. The appraisal report concluded that only after a traffic accident involving vehicle performance and status, did not state the reasons for causing such vehicle to a conclusion, can not prove that the system failed after the accident with their vehicle maintenance services provided by correlation between . The manufacturer is not a maintenance contract of the parties Zeyi the ground that should not be liable for damages. In the end, the court dismissed all the claims of Mr. Zheng.
Yesterday, Mr Cheng said he was sure of Appeal, will soon appeal to the Xiamen Intermediate People's Court.
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