Li Wenzhong, deputy director of the Insurance Department of capital university of economics and business, commented that from a legal point of view, although the 4S store is not the insured, the insured and the beneficiary, it does not meet the provisions of Article 174 of the Insurance Law and Article 198 of the Criminal Law on the crime of insurance fraud, but this behavior is obviously harmful to society. If the amount is relatively large, it conforms to the provisions of Article 260th of the Criminal Law on the crime of fraud.
"4S stores make profits from vehicle maintenance by destroying vehicles and increasing the amount of fixed losses, thus improving the payout ratio of insurance companies. The wool is on the sheep, and ultimately the owner has to pay the bill. " However, Xu Jianping, vice president of Cheche Technology, believes that malicious damage and premium fraud are individual phenomena, and most 4S stores are still operating in compliance.
In fact, the chaos in 4S stores has been frequent for a long time. In addition to car damage insurance fraud, Li Wenzhong said that part-time organizations (4S stores) also have fraudulent insurance practices that disrupt the market, such as falsely reporting maintenance items, shoddy maintenance parts (replacing old ones with new ones), colluding with claim adjusters, monopolizing customer resources, and asking for excessive commissions.
Xu Jianping also said that there are still some phenomena in the 4S online shop industry, such as car installation fees, loan fees and maintenance fees.
Lack of responsibility and difficulty in obtaining evidence provide a hotbed for chaos. Why are the chaos of auto insurance concurrent agencies repeatedly banned? Li Wenzhong analyzed that, on the one hand, because car repair involves third-party payment, like medical insurance, it is easy to induce insurance fraud; On the other hand, because China's insurance industry has been in a high-speed development stage and its management is relatively extensive, it provides more possibilities for fraudulent insurance.
The relevant person in charge of Beijing Banking Insurance Supervision Branch also bluntly said that there are three main reasons for the frequent chaos of auto insurance concurrent agencies: the number, variety and scale of insurance concurrent agencies are large, and the awareness and ability of small and scattered agencies to abide by the law are generally insufficient; Some insurance companies lack compliance management, their responsibilities are unclear, and the ability of insurance agencies is insufficient. There are problems that insurance companies dare not manage, can't manage and don't want to manage; The supervision system lags behind the development of the market, and the means and strength of supervision are relatively insufficient.
In addition, the "difficulty in obtaining evidence" of consumers is also the reason why some part-time institutions have nothing to fear. "Some practices of some 4S stores are hidden. For example, car owners pay a lot of money, but they are hard to find. Even if they find it, it is difficult to obtain evidence. " Chen Yinjiang, deputy secretary-general of china law society Consumer Protection Law Research Association, pointed out that objectively, due to strong professionalism and asymmetric information, car owners often don't know that their rights have been infringed during the maintenance process, and they can't defend their rights.
Have the responsibility to defend the chaos of land and part-time institutions where science and technology enter the market. The frequent occurrence of part-time auto insurance agents is related to supervision, insurance companies, automobile companies, 4S stores and even consumers. Therefore, in order to "strike hard" the chaos in the industry, people from many institutions need to take corresponding measures.
In fact, in terms of supervision, as early as May 28th, China Banking Regulatory Commission issued the Work Plan for the Regulation of Chaos in Insurance Intermediary Market in 2020, focusing on the regulation of compulsory tying insurance for automobile dealers.
In addition, some regions have also issued local laws and regulations to crack down on violations of 4S stores, such as the Notice on Strengthening Compliance Management of Non-financial Auto Insurance Agencies in Beijing issued in September, among which there are some highlights such as establishing the main reporting insurance company mechanism, guiding industry associations to establish industry information systems, and urging auto insurance agencies to establish auto insurance business information systems.
In terms of insurance companies, some insurance companies promote the transparency of processes such as maintenance and claims. Taking Ping An Property & Casualty Suzhou Branch as an example, the cooperative maintenance shop is equipped with transparent maintenance equipment, and relies on AI technology to cooperate with the camera installed in the store to push the information of all links after the vehicle enters the site through the "owner service report" to provide customers with diversified services such as visual information of the whole maintenance process.
"The best way to combat damage-fixing chaos is to increase technical investment and introduce technology to fix damage, so as to reduce human intervention, let car owners fix damage independently and quickly lock the damage range of vehicles." Xu Jianping suggested how to solve the confusion of fixed losses.
Xu Jianping said that some 4S stores have launched "transparent workshops", and some big brands such as Mercedes-Benz and BMW have also made such attempts: "The involvement of insurance technology can further strengthen the transparency and fairness of the industry and reduce management defects."
Li Wenzhong also made suggestions on how to crack down on chaos in 4S stores from various aspects. For insurance institutions, Li Wenzhong believes that the prevention of insurance fraud should start with strengthening company management, strengthening system construction, improving personnel's professional ethics and using new technical means. 4S stores also need to abide by the law, don't disturb the market order, and benefit from the healthy development of the industry in the long run, instead of seeking quick success and instant benefit and pursuing short-term interests.
At the same time, Li Wenzhong believes that from the perspective of regulators, on the one hand, it is necessary to strengthen the supervision of 4S stores and insurance companies, on the other hand, it is necessary to support insurance companies to improve their anti-fraud ability in terms of system and technology; From the consumer's point of view, we should also realize that ignoring, tolerating or even participating in the fraud of 4S stores will ultimately harm our own interests, so we must resolutely say no to insurance fraud.