How to Handle Automobile Repair Disputes?
1 Answers
Automobile repair disputes can be handled through the following methods: 1. Negotiation: Negotiation is the preferred method as it saves time and costs for rights protection. Consumers can directly raise the issues with the repair shop and clearly request re-repair, part replacement, or compensation. During negotiation, consumers may inform or present the repair shop with relevant evidence or proof, but it is essential to keep the original documents and important physical evidence securely. 2. Mediation: According to the "Regulations on Motor Vehicle Maintenance," if disputes arise between the repair shop and the consumer regarding repair quality or contract fulfillment, and the repair shop is unwilling to negotiate or negotiation fails, either party may apply to the road transport authority for technical appraisal and mediation. Mediation involves the consumer applying to the local road transport authority for mediation. Both parties in the dispute have the obligation to maintain the original condition of the vehicle in question. If necessary, relevant parts of the vehicle may be disassembled for inspection, but both parties must be present and agree on the process. 3. Appraisal: If technical analysis or appraisal is required to determine responsibility for an automobile repair quality dispute, the technical analysis and appraisal shall be conducted by a qualified unit appointed by the automobile repair administrative authority. During the disassembly and inspection of relevant parts of the vehicle, both parties must be present to jointly verify the process. The costs of disassembly, technical analysis, and appraisal during the mediation process shall be borne by the responsible party according to the determined liability ratio after responsibility is established. 4. Litigation: Litigation involves the vehicle owner directly filing a lawsuit in court, which can be done without going through the appraisal process or after mediation fails. If the consumer is dissatisfied with the appraisal result, they may file a civil lawsuit in the People's Court. The consumer may also bypass the appraisal process and directly file a lawsuit in the People's Court after mediation fails. The vehicle owner may request the court to apply the "reverse burden of proof," meaning the repair shop bears the primary burden of proof. The repair shop must provide evidence to the court demonstrating that the repairs were conducted using correct techniques and processes and that the repair quality fully complies with national standards.
