Volvo’s current sky-high maintenance fee： 280,000 yuan, 240,000 yuan.

　　A car with an original price of 285,000 yuan was sent to a 4S shop after a car accident. After nearly five months of maintenance, the maintenance fee of more than 240,000 yuan has caused the owner to launch a long tug-of-war with 4S shops and insurance companies.

　　　(The loss amount quoted by the loss adjuster of the insurance company is 243,670 yuan)

　　4S shop: informal list, the actual cost is subject to the fixed loss.

　　In May last year, Ms. Mei bought a car at a price of 285,000 yuan in a 4S shop in Chengdu. On the afternoon of September 18th last year, Ms. Mei and her party had a car accident while driving, and the front of the car was seriously damaged. Ms. Mei was fully responsible for the accident.

　　The next day, because the accident vehicle was in the extended warranty period, the 4S shop that received the notice sent someone to tow the car to Chengdu to prepare for disassembly and inspection. In order to facilitate the repair of the car, on September 22nd, Ms. Mei authorized the 4S shop to repair the damaged vehicle and signed the Power of Attorney. At this time, Ms. Mei was told by the 4S shop that the cost of repairing the car was estimated to be "more than 100,000 yuan".

　　The "Power of Attorney" printed with the seal and the date of payment obtained from Ms. Mei shows that once the accident vehicle is dismantled, it can no longer be assembled. "After dismantling, the accident maintenance is not carried out in our company, and the user needs to pay the relevant dismantling fee. If the maintenance plan has been determined, it will not be possible to cancel this maintenance if the order has been made. " According to the power of attorney, after the accident vehicle is dismantled and inspected, the owner decides whether to repair it in the 4S shop.

　　"After the car was sent for repair, in the past five months, I went to the 4S shop no less than 20 times, but I was told that it was not repaired for the time being." Ms. Mei said. Until January 29 this year, Ms. Mei received a phone call from the 4S shop, saying that the car had been repaired and asked to pick it up. "After reading the bill of the 4S shop, I was instantly angry, 330,584 yuan! Even the engine is not broken, how can it be so high? " Ms. Mei showed the retained image of this "bill". On the 10-page bill, the total price shows that the working hours are 85,826 yuan and the accessories are 244,758 yuan.

　　According to Ms. Mei, she questioned the price on the spot. "At the beginning, the staff of the 4S shop asked me to pay the expenses on the bill, and asked me to pay the excess expenses beyond the fixed loss amount. Seeing my tough attitude, they said that they only need to pay 243,000 yuan. " However, Ms. Mei’s statement was denied by the relevant person in charge of the 4S shop. The person in charge said that the repair time lasted for nearly five months because the vehicle was seriously damaged and imported, and many parts needed to be imported. The 330,000 yuan "settlement bill" is not a formal list of maintenance expenses, so it is not the final price that customers or insurance companies need to pay, but the total price of all parts and working hours in the manufacturer’s DMS system (automobile dealer management system). "The actual repair cost will not exceed the fixed loss amount."

　　The person in charge said that Ms. Mei had this so-called "bill" because she came to the 4S shop that day and asked to see the maintenance project first. "We just gave her this bill." According to the 4S shop, this is also why the amount of the settlement bill exceeds the price of the accident vehicle (calculated by depreciation, the price of the accident vehicle is about 278,000 yuan after 4 months), but the owner has not been notified to apply for scrapping. On the same day, Ms. Mei also asked the insurance loss adjuster to provide the loss amount. The loss adjuster sent a short message, showing that the loss amount was 243,670 yuan. Ms. Mei said that this is also the first time that she has learned the fixed loss amount from the insurance company.

　　　Have you been informed of the high cost before repairing the car?

　　The owner insisted that he did not know, and the insurance company 4S shop admitted that there was an omission.

　　In the whole incident, whether the insurance company and 4S shop informed the owner of the damage and the repair amount before repairing the car is the biggest focus. Ms. Mei insisted that she had never received any notice from the insurance company or the 4S shop about the fixed loss amount and the repair cost during the nearly five-month repair time before January 29, that is, before picking up the car, but she didn’t know about the "sky-high repair cost" until she picked up the car. She believes that this is suspected of "strong buying and selling".

　　In this regard, the relevant person in charge of the 4S shop admitted that there were omissions in the work, but said, "What we can be sure is that Ms. Mei has been informed of the maintenance costs before picking up the car. We also communicated by telephone before the maintenance, but we really can’t provide relevant evidence. " The relevant person in charge of the insurance company admitted that there was no direct communication with Ms. Mei during the maintenance period of nearly five months. "Because the customer (Mei) signed a power of attorney with the 4S store after arriving at the store, authorizing the maintenance station to repair the accident vehicle, and the loss of this vehicle did not reach a total loss, the staff of our company has been communicating with the 4S store to determine the accident loss."

　　According to the insiders of insurance companies, under normal circumstances, insurance companies are obliged to inform customers of the fixed loss amount in time. After the fixed loss amount comes out, most of them will be sent to customers’ mobile phones through computer systems.

　　Overinvoicing is a "insurance fraud"?

　　The owner’s legal adviser said that the car was used by the 4S shop, and the 4S shop said that it would defend its rights.

　　On April 26, the insurance loss adjuster sent a text message to Ms. Mei, asking her to go to the 4S store to talk about the claim dispute. On April 28th, the three parties negotiated the solution in the 4S shop.

　　Finally, after negotiation, the 4S shop agreed that Ms. Mei would take the car away after paying the maintenance fee of 160,000 ~ 170,000 yuan. However, Ms. Mei asked the 4S store to issue an invoice with a fixed loss amount of 247,000 yuan (note: it is different from the amount sent by the loss adjuster before), and then settle the final payment after she claimed from the insurance company. This proposal was rejected by the 4S store. The relevant person in charge of the 4S shop said that during the negotiation, she promised that Ms. Mei could pay 160,000 ~ 170,000 yuan to pick up the car on the premise of how much she paid and how much she invoiced, and the rest of the money needed Ms. Mei to make an iou. The relevant person in charge of the 4S shop said: "It is impossible to invoice more in the financial process, and it is absolutely impossible to defraud insurance." The relevant person in charge of the insurance company responded that the general process of auto insurance loss determination is that after the insured or its trustee determines the accident maintenance unit, it informs the insurance company to negotiate to determine the loss, and then the insurance company collects complete claims materials and pays the compensation to the insured. In addition, Ms. Mei’s premium next year will not rise because of this accident.

　　In addition, Ms. Mei’s legal adviser, Cheng Peng, suggested that the accident vehicle had been repaired in January. "It was used as a tool car by the 4S shop, and we have evidence." They are going to take legal proceedings. In this regard, the 4S shop firmly denied that it would safeguard its legitimate interests.

　　　Lawyer’s statement

　　The owner can refuse to pay the expenses beyond the fixed loss amount, if the 4S shop is really invoiced or suspected of insurance fraud.

　　Li Xianglan, a lawyer of Beijing Dacheng (Chengdu) Law Firm, believes that if the 4S shop did not inform the fixed loss amount, it would infringe on Ms. Mei’s right to know and choose. At the same time, the insurance company failed to fulfill its obligation to inform, resulting in disputes. "In the living habits, the owner of the car goes to the 4S shop for maintenance, and the amount of maintenance is determined within the scope of the insurance company’s fixed loss. The 4S shop and the insurance company are both professional institutions, and they have long-term cooperation (vehicle maintenance and insurance claims). This lifestyle and business rules should be more clear. In view of the infringement of the 4S shop and the default of the insurance company, Ms. Mei can refuse to pay the maintenance fee exceeding the fixed loss amount, and the excess should be shared by the 4S shop and the insurance company. "

　　At the same time, Li Xianglan believes that "Ms. Mei paid 170,000 yuan, let the 4S shop open an invoice of 240,000 yuan, and then find an insurance company to settle the claim", which has violated the insurance contract and the principle of loss compensation in the insurance law. If the insurance company doesn’t know, it may be suspected of insurance fraud. If it knows, it may be suspected of falsely issuing VAT invoices.

　　Li Xianglan introduced that the principle of loss compensation means that when an insured accident occurs, the compensation the insured receives from the insurer should just fill the losses within the insured amount caused by the insured accident. Through compensation, the insured’s subject matter is restored to the state before the damage economically, and the insured is not allowed to gain additional benefits due to the loss. This is because the role of insurance is to compensate for losses, and some people can’t make profits because of insurance, otherwise it will bring serious moral hazard and insurance fraud.

　　In addition, Zhang Xinnian, a famous lawyer in Beijing, thinks that Ms. Mei’s behavior of settling the balance of maintenance fees for the 4S shop after looking for an insurance company is not fraudulent insurance, but at most it is an improper way to deal with the problem. If Ms. Mei asks the 4S shop to issue an invoice larger than the fixed loss amount, it will generally be considered as an attempt to defraud insurance. (Note: Sichuan Tongfuxiang Automobile Trading Co., Ltd. is a Volvo 4S store)