Brief introduction of the case
Ms. Zhang told reporters that after nearly two years of long-term lottery, the god of luck finally took care of it at the beginning of this month. After various comparisons, Ms. Zhang and her family already have the intention to buy a certain car, and plan to book a car as soon as possible if they are satisfied with the test drive this month.
It is worth mentioning that before the test drive, Ms. Zhang repeatedly stressed to the 4S shop that she had no actual driving experience and belonged to the "notebook family". But the sales consultant took away her driver's license registration, and then took away a folded pink paper, leaving only one place for her to sign. Ms. Zhang didn't read this paper carefully either, and started the trial operation after signing it.
After everything was ready, the waiter in the 4S shop asked Ms. Zhang to fasten her seat belt first, see if the left and right rearview mirrors were suitable, feel the foot brakes and so on. As a result, the voice just fell, and Ms. Zhang became nervous. She stepped on the accelerator and ran into a concrete column on the roadside. There is a slight bump on the new car.
At this time, the problem came. Because Ms. Zhang signed the contract before the test run, it was only afterwards that it was clearly stated in the contract that "in case of traffic accidents such as casualties and vehicle damage caused by the test driver during the test run, the test driver shall bear all relevant responsibilities and corresponding compensation". Since she had already signed her name before the trial operation, Ms. Zhang could only admit that she was unlucky. Finally, after negotiation, I paid for this "new car" that needed to be repaired before going out.
However, the more Ms. Zhang thought about it afterwards, the more she felt that something was wrong. With so many people buying cars now, many "notebook owners" will inevitably have problems during the test drive. Is it because of a piece of paper signed by both parties that all the responsibilities should be borne by the test driver? Won't the 4S shop buy insurance for the test drive?
Lawyer's statement
A comprehensive liability agreement must be signed before the trial operation.
Ms. Zhang's case is typical, and she really belongs to the wrong side in the whole accident. But in fact, for all test drivers, one detail can not be ignored, that is, before the test drive, 4S stores must sign an agreement with consumers to avoid risks without exception. At the same time, before signing the agreement, 4S stores will also know some basic driving conditions of consumers, such as how long they have been driving and whether they are "nerdy".
On the one hand, this kind of audit is an audit of consumers' qualifications, which ensures the safety of life and property of both parties, and also avoids risks for 4S stores. During the test drive, the damage to the vehicle caused by inexperienced novices and the "professional test drivers" who only try and don't buy are all problems that 4S shops need to face. Therefore, although there will be qualification examination before the test drive, for example, the test driver must have more than one year's driving experience, there are often test drivers who have obtained a driver's license for three or four years, but they have never touched the car, and even the throttle and brakes are not clear. It is very difficult to really understand the driving level of test drivers.
Therefore, in order to avoid the risk of test drive, car dealers will require consumers to sign a "test drive agreement" before the test drive. Almost without exception, these test drive agreements stipulate that "if traffic accidents such as casualties and vehicle damage occur during the test drive, the test drive personnel shall bear all relevant responsibilities and corresponding compensation".