【线上云德】疫情期间律师说（五十）|汽车维权的法律问题

随着时代的变迁，科技的进步，人民生活水平的提高，汽车已经不是奢侈品，而是生活中的不可或缺代步工具。我国的汽车生产量和购买量大幅度的提升，同时也衍生出了很多的法律问题，维权问题，各种纠纷需要解决。今天就和大家聊聊汽车相关的维权和车险方面的问题。

With the change of The Times, the progress of science and technology, the improvement of people's living standard, the car is not a luxury, but an indispensable means of transportation in life. China's automobile production and purchase volume have been greatly increased, and many legal problems, rights protection problems and various disputes have also arisen. Today and we will talk about the rights and auto insurance related issues.

发生维权纠纷的新车或者接受维修后的汽车是否存在质量问题？如果存在质量问题的话，是瑕疵还是不具有使用性能的缺陷？这两个问题是实际中依法处理汽车纠纷需要明确的两个关键问题。《中华人民共和国消费者权益保护法》（简称消保法）第23条第3款规定“经营者提供的机动车、计算机、电视机、电冰箱、空调器、洗衣机等耐用商品或者装饰装修等服务，消费者自接受商品或者服务之日起六个月内发现瑕疵，发生争议的，由经营者承担有关瑕疵的举证责任。”因此，在汽车质量维权纠纷中，落实消法23条举证责任倒置的必然要求，既是维护消费者权利，也是消费者在使用汽车过程中约束经营者的重要手段。

Does the new car that produces safeguard dispute or the car after accepting repair have quality problem? If there is a quality problem, is it a defect or a non-functional defect? These two issues are two key issues that need to be clarified in dealing with automobile disputes according to law in practice. "Consumer rights and interests protection law of the People's Republic of China" (hereinafter referred to as insurance law) elimination as prescribed in paragraph 3 of article 23 "operators to provide the motor vehicle, computer, TV, refrigerator, air conditioner, washing machines and other durable goods or services, such as decoration, and consumers of the goods or services within six months from the date of the found defective, there is a dispute, shall be borne by the operator about the flaws of burden of proof." Therefore, in the disputes of automobile quality rights protection, it is necessary to implement article 23 of the elimination law to reverse the burden of proof, which is not only to safeguard the rights of consumers, but also an important means for consumers to restrain the operators in the process of using automobiles.

购买汽车保险也是网友们非常关心的问题，那么都需要购买哪些商业保险呢？陈律师给大家一些建议。

Buy car insurance also is the problem that the netizen CARES very much, so all need to buy what business insurance? Lawyer Chen gives some advice.

首先，新车加新手的情况下，建议使用第一年购买全险。

First of all, under the circumstance of new car plus novice, it is recommended to buy full insurance in the first year.

然后，是平常购买保险，有几样时必须购买，交强险就不用说，不买不让上路；然后是基本险，第三人责任险（建议保额200W，防止碰到豪车，倾家荡产），车上人员险（一万一个座可以配上车上人员意外保险），车损险（发生事故后修自己的车，也是提起保险代位求偿权的基础），附加险不计免赔险（不买保险公司在赔偿的时候会根据责任进行免赔，比如车损险的免赔率是全责15%，主责10%，同责8%，次责5%，购买后不在计算免赔率全部赔偿）。

Next, it is to buy insurance normally, have when a few kinds must buy, hand over strong insurance needless to say, do not buy do not let on the road; Then the basic insurance, liability for third parties (suggest 200 w, prevent run into luxury cars, ruin), the car personnel risks (eleven thousand can deserve to go up the car personnel accident insurance), coverage (repairing his car after an accident, but also brought the basis of the right of insurance subrogation), additional risks regardless of the franchise in risks (don't buy when compensating for, insurance company will according to responsibility for franchise, the franchise is charge of coverage 15%, for example, the main responsibility for 10%, 8%, with a 5%, after the purchase is not calculated franchise all compensation).

最后，裸奔车辆，就是只购买了交强险的车辆。(一)当有责任时，三方财产损失最高赔偿2000元，三方医疗费最高赔偿10000元，三方死亡伤残最高赔偿110000(二)当无责任时，三方财产损失最高赔偿100元，三方医疗费最高赔偿1000元，三方死亡伤残最高赔偿11000元。(三)医疗费包括:医药费、诊疗费、住院费、住院伙食补助费、必要合理的后续治疗费、整容费、营养费。(四)死亡伤残费包括:丧葬费、死亡补偿费、办理丧葬事宜的交通费、残疾赔偿金、残疾辅助器具费、护理费、康复费、交通费、被扶养人生活费、住宿费、误工费、通过判决或调解产生的精神损害抚慰金。

Finally, streaking vehicles, that is, only bought the vehicle of the strong insurance. (1) When there is liability, the maximum compensation for property loss of the three parties is 2,000 yuan, the maximum compensation for medical expenses of the three parties is 10,000 yuan, and the maximum compensation for death and disability of the three parties is 110,000 yuan. (2) When there is no liability, the maximum compensation for property loss of the three parties is 100 yuan, the maximum compensation for medical expenses of the three parties is 1,000 yuan, and the maximum compensation for death and disability of the three parties is 11,000 yuan. (3) Medical expenses include: medical expenses, consultation expenses, hospitalization expenses, in-hospital food subsidies, necessary and reasonable follow-up treatment expenses, cosmetic surgery expenses, and nutrition expenses. (4) Expenses for death and disability include: funeral expenses, compensation for death, transportation expenses for handling funeral affairs, compensation for disability, expenses for disabled auxiliary equipment, nursing expenses, rehabilitation expenses, transportation expenses, living expenses of the dependants, accommodation expenses, lost work expenses, and compensation for mental damage caused by judgment or mediation.