New energy vehicles have frequently caught fire in recent times, and for users, it seems somewhat inappropriate to just attribute the cause unilaterally to the car companies. Recently, Cui Shuaishuai, a partner at Wanshang Tianqin (Shanghai) Law Firm, said in an interview,The determination of responsibility for new energy vehicles, especially battery fire accidents, is far from as simple as "whoever makes the battery is responsible". Its complexity stems from the interdisciplinary nature of technology and the diversification of responsibility chains.
The "thermal runaway" of a battery may be caused individually or jointly by multiple factors such as internal defects of the battery cell, battery management system (BMS) failure, external collision or abnormal charging management. Only through authoritative and professional third-party appraisal can we get close to the truth.
Cui Shuaishuai pointed out that the focus of disputes usually revolves around several levels: is it the design and manufacturing defects of the battery manufacturer, or the vehicle manufacturer's deficiencies in battery pack integration, thermal management system design or vehicle safety protection? At the same time, the owner's car usage history, such as whether there have been unauthorized modifications, improper charging, or accidental damage, may also be considered in liability allocation.
For users, if your tram catches fire and you want to protect your rights, you must first obtain official documents, including the "Fire Accident Determination" issued by the fire department. If a traffic accident is involved, the "Traffic Accident Responsibility Determination" issued by the traffic control department. These two are authoritative documents that define the cause and responsibility of the accident. Secondly, on-site videos that record the entire accident process, such as surveillance videos and driving recorder images, are the most intuitive evidence to restore the facts.
In addition, various bills and supporting documents related to damage to vehicles and property inside the vehicle, or even personal injuries, should also be systematically organized and preserved.
On the basis of complete evidence, consumers can adopt multi-path parallel rights protection strategies. The first is to file a lawsuit directly through legal channels. You can either claim infringement compensation against the manufacturer and/or seller of the product in accordance with the Civil Code, or you can pursue liability for breach of contract against the seller based on the sales contract and require it to repair, replace, return the product, and compensate for losses.
The second is to report the claim to the insurance company in a timely manner. In addition, filing complaints and reports to market supervision and management departments, consumer associations and other institutions is also one of the effective ways to promote problem resolution.
