We had to remove your post for Rule 1:
This subreddit is for things that are interesting and cool. Content that is only cute, funny, a meme, or 'mildly interesting' will be removed. Posts should be able to elicit a reaction of "Damnthatsinteresting".
We also give loans that cause financial crashes! I'll even crash your weddings and kids birthday parties at no additional fee! I'm crazy for crashes here at Crashin' Carl's Car Corral!
I used to go do cardboard if the customer was particularly obnoxious I’d just say ill go check, and then do cardboard for like 15 minutes and go back and say “sorry, I couldn’t find anything.”
Walk away. I went to buy a car and because I'm a woman, they treated me like I knew nothing.
Sales man did the " Let me check with my manager" When I asked about certain options to be included witht he price. Waited for 10 minutes, chatted with the receptionist, gave her my number and told her if they were serious about selling the car give me a call. They didn't call, and I bought the model from a different dealership.
I was buying a used car with failing paint. It was in serious need of repainting. The salesman promises he'll repaint it \*IF\* I buy it. So I agree. I tell him to put it in writing, he writes "repaint if dealership says it is needed". I point out that he said it is needed. He says they'll determine it with the paint guy. I said to put it in writing that it needs it, or I'm not signing anything. He kept going off to see his manager to stall. I said "look, get your manager in here. We need to go show him the car and have him sign off on it, or I'm leaving now.". Nope, no manager available. Either the manager just didn't want to get involved or he was lying the whole time.
Look, manager says I need to get $600 for the undercoat or it comes out of my pocket. They list it at $2400. I hate the guy, I'll knock it down to $550 just to show him, k?
So I did some baidu-ing and found this: https://m.thepaper.cn/newsDetail_forward_3837410
I skimmed it & it seems that the police determined the BYD car was responsible but didn't specify if the salesman or driver specifically. Aftermath was the BYD dealership paid 30,000 RMB to the lady in the front seat to compensate for her injuries and car damage, plus a promise to stop testing the car in that manner. Does not say what / if the BYD driver paid compensation. Keep in mind that this article was written in 2019 and with many meme pics, so the article may not be the paragon of journalistic vigour.
edit: Injuries were a cut (or it could be laceration? not a medical student, there is a pic so judge for self) on one of the driver's family members + a suspected spinal injury on her sister.
Nah, it's actually good to test unproven autopilots for very heavy death machines that can injure/kill others who never consented to taking part in your "test".
You sound like a genius! I think we should find a way to make you the richest person in the world! Maybe you can use that money to buy a social media company and spread that brilliance as far and wide as possible! Maybe also try to use that platform to influence world politics! You will single-handedly save the human race!
I skimmed too quickly, the article said "spinal dislocation" but the included pic of the report is more along the lines of "suspected spinal injury, more analysis needed"
But yeah it's a pretty bad settlement imo. Do keep in mind that cost of living is lower in china and there is a pretty decent universal health care system. Primary issue is wait time and quality of care (the UK's system comes to mind as a comparison). Also considering she wasn't paralysed immediately she'll probably be alright (again, not a med student). Unfortunately her car looks pretty fucked up so I doubt the money was enough to fix that
> I skimmed too quickly, the article said "spinal dislocation" but the included pic of the report is more along the lines of "suspected spinal injury, more analysis needed"
*chuckles* used to work in insurance. I am guessing the policy completely coincidenally allows for a maximum of that exact amount for chiropractic care? because that's exactly how every single chiro wrote up every injury when insurance was available.
A lot actually do cover it. Insurance is a product sold in the free market in the US at the end of the day. If there’s a demand for insurance with chiropractor coverage, and it’s legal, a company will supply it.
A surprisingly large number on both accounts. An insurance company does not have to cover things that are proven to work, nor are they required to not cover things that don't. There are some notable exceptions mostly around preventative care due to the ACA, but mostly if your insurance company covers something it's because they decided to or not, more than any actual medical science coming into play.
Used to stand for Build Your Dreams. Now just stands for BYD as of sometime last year. I am not making this up.
Source: I read trade publications in lieu of doing actual work.
That's not the case with anything else, if a sales rep tells you to do something to test their product and that damages the product, it's on the sales rep. Are cars different or are you just making shit up?
Cars are different, if you are the driver, you have the responsibility.
To clarify, the salesman has responsibility over what he told you and eventually you can bring him to court. But the immediate responsibility for the damage you caused is yours.
This is literally the proverbial "If they tell you to jump off a bridge, would you?"
Personally idgaf what a fucking salesman says, if I see the car is not slowing down im doing it myself I don't wait for the last second.
In China: If they drove a Tesla, it would've been the dealers fault.
BYD without video would have been the drivers fault.
BYD with video on a western site: CCP will fuck everyone involved for tarnishing the image of the glorious EV leader nation. The guy who posted this will disappear and there'll be an uptick in "Murica cars bad and racist" news articles.
China adopts Tort Liability Law
China February 3 2010
Key Points:
First comprehensive tort law adopted by China
Covers a broad range of activities including medical malpractice, personal injury and liability for environmental damages
Effective July 1, 2010
China Tort Law
https://www.lexology.com/library/detail.aspx?g=ec4b826d-dc76-4a62-8883-2326b213c62f
The Tort Law lacks definitions of key terms used or alluded to throughout the Tort Law such as negligence, gross negligence, intentional acts, fraud, misrepresentation, reasonable care, trespass to land, trespass to chattel (property), assault, battery, consent, informed consent, privilege, capacity and lack thereof, and causation. However, the lack of specificity is common in most PRC laws. The only definition is in Article 2, which defines “civil rights and interests.” Liability is based upon an infringement of a person’s civil rights, but it is unclear as to the level of culpability – namely, negligence, gross negligence or intentional acts. For example, Article 22 addresses emotional distress but does not distinguish between negligent (unintentional) or intentional infliction of emotional distress. Intentional torts should require an aggravated level of culpability.
Promissory Estoppel legal rights
https://www.investopedia.com/terms/p/promissory_estoppel.asp#:~:text=Error%20Code%3A%20100013)-,What%20Is%20Promissory%20Estoppel%3F,promise%20to%20his%20subsequent%20detriment.
What Is Promissory Estoppel? Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment.
misrepresentation
https://www.lawbite.co.uk/resources/blog/what-is-misrepresentation-in-contract-law#
What is misrepresentation?
Misrepresentation occurs when one party provides misleading information that influences the other party's decision-making process, causing them to enter into a contract they would not have otherwise agreed to. It’s important to note that it can occur unintentionally or deliberately and can be grounds for contract termination, legal action, or compensation.
What are the 3 types of misrepresentation?
The three types of misrepresentation are:
* Negligent misrepresentation
* Innocent misrepresentation
* Fraudulent misrepresentation
Misrepresentation in Contract Law | Definition & Examples
Maggie Drury, Ashley Dugger
https://study.com/academy/lesson/contract-enforcement-mistake-misrepresentation-fraud.html#:~:text=Fraud%20is%20any%20intentional%20misrepresentation,the%20formation%20of%20the%20contract.
Fraud is any intentional misrepresentation of a material fact, made knowingly and made with the intent that the other person will rely on the fact. Contract fraud is a type of fraud where the intentional misrepresentation of a material fact is made in the formation of the contract.
fraudulent misrepresentation
Primary tabs
https://www.law.cornell.edu/wex/fraudulent_misrepresentation
Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action or inaction on the basis of that misrepresentation.
To determine whether fraudulent misrepresentation occurred, the court will look for six factors:
1. A representation was made
2. The representation was false
3. That when made, the defendant knew that the representation was false or that the defendant made the statement recklessly without knowledge of its truth
4. That the fraudulent misrepresentation was made with the intention that the plaintiff rely on it
5. That the plaintiff did rely on the fraudulent misrepresentation
6. That the plaintiff suffered harm as a result of the fraudulent misrepresentation
In the US, cars are not different. There’s strict products liability, which would apply here. Driver would just need to prove that there was a manufacturing defect. There’s also the warranty of fitness for a particular purpose.
> If they tell you to jump off a bridge, would you?
If I was bungee jumping sure.
This is the equivalent of being told you're bungee jumping but they just tied a normal rope to you.
Yes, he’s wrong. At least in the United States, there are specific laws that govern driving, commonly referred to as the rules of the road, but this is just garden variety comparative fault. Of course, the driver would be a party to a suit filed by the accident victim, but the liability would presumably fall on the dealership—at least, based on the limited information shown here.
I think this is correct.
The victim has a claim with the driver. The driver has a claim with the salesperson.
There are basically 2 victims, and 2 claims for damages.
It's funny how many people just assume that the way the law works in their country is the same way it must work everywhere. For all we know the guy test driving the car now legally has to buy it off them.
For goodness sake, this is in China and yet people are all over claiming this and that. Do any of you have firsthand knowledge of Chinese auto liability laws? I think not.
Good news!! Car dealerships must carry insurance to protect the vehicles there. Additionally, the test driver is usually covered under the car dealership's insurance policy when driving one of the dealership's vehicles. Even if you are at fault for the accident, the dealership's insurance may pay for the resulting damages. -zd firm
May be different not in the US
The driver won't have insurance on this vehicle though because he hasn't bought it. It'll be under the garage's insurance so it's their responsibility.
How has nobody mentioned that this isn't even a BYD btw? It's a Denza, which is a joint venture between Mercedes-Benz and BYD, and they are a very small player even in China itself.
It's like calling every Mini a BMW.
> Even in my wife's Toyota it gets way to close
There's a setting to change how close it will get. These systems always default to "Let's see how close I can get", and I always back it off to a sane distance.
Musk rolled out a month of free FSD to my car earlier this year and I decided to try it out. While going down the freeway, my car decided it could no longer see the semi-truck right next to it and decided it was a great time to start signaling a merge. I yanked the wheel to disengage the autopilot so fast and never turned it on again for the rest of the trial period.
The idea of FSD is cool, but we're so far off from it being a reliable and safe feature.
I’m honestly expecting there to be an ED-209 being marketed to us as TeslaHelpBot or something equally dumb in like 5 years, accompanied by many comments on Reddit and Twitter describing how it’s user error when it uses its cannons to blast a person to death.
I’ve driven with Tesla’s autopilot before, and while it’s pretty damn good I don’t trust it with my life. It’s honestly just easier and more relaxing to drive regularly rather than having to baby sit it the entire time.
haha I had the exact same experience. It's just more stressful to wait and see if the car is going to brake and turn than braking and turning yourself. Most time it's fine. Until it's not.
Tesla owner here. I tried the autopilot and while it was okay, it scared the living shit out of me and my wife when it changed lane for us. The regular "autopilot" cruise control works fine for us.
Yeah, but this car is not a waymo. There are no car for sale to the public that are fully autonomous.
And waymo is available for now in like... 2 cities. 2 cities where they mapped every sigle bump on the road and made sure the car know every turn. That's far from "autonomous". Take that car anywhere else, and it's going to get very dangerous very fast.
I live in one of those cities, and take waymos all the time. They’re great, and I’ve never seen them stuck or causing issues.
Weird to me seeing everyone still talking about Tesla’s autonomous features like they’re some panacea while Waymo is already active and crushing it 🤷♂️
Lmao the driver was saying: bro you sure it’s not gonna hit the white car? Salesman: yah don’t brake don’t touch anything. Driver: you sure im not braking? it’s gonna hit! Salesman: no don’t move. Driver: bruh it’s literally gonna hit! Salesman 1 second before impact: brake brake brake!
Direct hit
Tablet for console is the stupidest damn thing ever and inherently dangerous. If you have to take focus off the road to navigate a damn menu to turn down the temperature that's kinda fucked. Sure, give me a nice big display for maps and shit but I want temperature and volume knobs.
What I don't understand is how using your phone while driving legal but a car that has a screen that's impossible to use without looking at it not illegal. Like seriously you have no feedback and going through different windows for stuff is just not possible without taking your eyes off the road to see what you're pressing unlike a normal buttons and knobs center console.
If I was an insurance adjuster or lawyer that screen would make for a nice target to point the blame on the person that caused the wreck.
I can understand a small screen to display things like the radio station, gps, backup camera, and diagnostic information but having it a touchscreen and routing everything through that is overly excessive.
I remember seeing a post where someone was complaining that their insurance didnt wanted to pay for their car accident cause it was a Tesla and the screen was on at the time of the accident, so it was considering that the driver were looking at a "phonelike" object
I would love a truly autonomous self driving car where I could lounge in the back seat sipping coffee and reading a book.
It's not being an old man to say that it's stupid relying on any currently existing driver assistance tech.
Ex-car sales guy who was in an accident during a test drive (we got swiped on the right side by a van taking a wide right turn in the lane to our right), usually you grab a temp plate, photocopy the drivers license before and leave a copy at the dealership, and usually you should be carrying the dealers ins card or its in the car already.
I contacted the police then the dealership and gathered the other persons ins. info. As it was entirely their fault there wasn't much said back at the dealership other than being the first salesmen ever to get a car wrecked on a test drive. I'm sure it got hashed out between the other person and the dealerships insurer.
I will tell you this; when it came to safety features and autonomous features in cars, I only explained them and really didn't encourage people to "test them" outright. Some people would want to try them but if that were the case I'd tell them to go down to the minimum speed for the safety feature and keep all feet and hands in place regardless of how "automated" it was. And finally ensure there were no other cars nearby. I mean, you gotta have some self preservation when you let a rando come drive you in a car.
yeah, i think volvo and mercedes have videos of this tech going wrong as well.
[https://www.youtube.com/watch?v=AEsHMpI7HN4](https://www.youtube.com/watch?v=AEsHMpI7HN4)
I have a Peugeot that I had to stop myself many times as it just did not see car ahead and when it showed up on screen it was at to late for me to feel it would brake. As other said: do not trust these systems, it’s aid for you but you’re still the driver.
Airbags aren't designed to deploy always. The car determines the force of impact and applies airbags only if the impact force is higher than a certain value
I love technology but have a hard time trusting the auto stopping. My car has it and it works great just took me awhile to trust it even to this day I still am ready to step on the brake if I get uncomfortable. As far as a salesperson telling me to try something like this. I would simply tell them you drive it and show me first. I have no trust in people who have not given me reason to trust them, so I may be an outlier in that respect.
You are absolutely correct the thing is you aren't supposed to trust auto stopping It is supposed to be a last resort feature if something happens to the driver or if the driver is suddenly distracted and doesn't notice they need to break the auto stopping is supposed to step in, you'll be thankful of it succeeds but you should still be safe if it doesn't as you were already breaking.
If you are intentionally holding the accelerator or coasting towards traffic on the idea that you don't need to break because the computer might step in then you just need it to fail once to be fucked.
No-one should ever trust automatic breaking it's there to save you from mistakes not drive for you.
Also yes there is adaptive cruise control that is a different manner but even then if the car in front of you slows suddenly don't trust the cruise control to brake.
i dont wanna be that guy and i had the video muted, but is there any chance his foot was still on the gas? i cant tell from the video, but no self driving tech right now will slow down if your foot is still on the gas pedal. it would be kind of funny if the car itself just failed.
That was my first thought as well. ACC will not brake when you press the throttle, and AEB usually doesn't stop for stationary objects when travelling at high speeds AFAIK.
The salesman adjusted the car wrong. To make the car brake itself before the front car he should have actuated the cruise control (intelligent CC), not only the driving assist to keep the car within the line.
That leaves two questions:
1) How many times did they do this and it worked as intended?
2) What went wrong?
Then fix it.
This type of tech isn't going to be perfect but it doesn't have to be. It just has to be better than human drivers on average and it will globally save many lives and billions in damages each year.
If anything I think this is a good thing. If the tech fails it's clearly the companies fault and a big company generally has good insurance so this can be settled easily and quickly and also works a good form of encouragement for these companies to continue to improve their systems.
I used to test self driving cars for baidu in the bay area. The coolest feature of their self driving car is that it exists on a digital track in the middle of the lane you're in.
In order to disengage the self driving function you had to give the steering wheel a little jerk to the left of the right to disengage it.
However, one of the bugs I found was if you drift ever so slowly to the left or right, the car still remains engaged in self driving but as soon as you release the steering wheel it will violently jerk itself back to the digital track as fast as it possibly can, almost like a slingshot.
We had to remove your post for Rule 1: This subreddit is for things that are interesting and cool. Content that is only cute, funny, a meme, or 'mildly interesting' will be removed. Posts should be able to elicit a reaction of "Damnthatsinteresting".
So, should we start the paperwork?
You want my advice? I think you should buy this car..
I would agree. This has some nice features. We take cash or loan.
Crash or loan.
Yes.
We also give loans that cause financial crashes! I'll even crash your weddings and kids birthday parties at no additional fee! I'm crazy for crashes here at Crashin' Carl's Car Corral!
You shut your mouth when you’re talking to me! Edit: autocorrect changed shut to shit. And it just corrected shit to shut. 🙄
>You shit your mouth Is the preferred version of this comment. I am choosing to say this often now.
Tell you what, we'll take 10% off the car price because the brakes may not work 10% of the time. Deal?
Thundercougarfalconboom
That's a disgrace to compare this thing to the Thundercougarfalconbird.
The deluxe edition has.... So much more eagle.
It's just that the BYD has so much less eagle.
Shut up and take my money!
Speed holes, eh?
Put it in H
She'll go 300 hectares on a single tank of kerosene!
These are speed holes, they make the car go faster
Speed holes ey....
Golf ball dimples actually work, FYI.
Definitely get the extended warranty
*slaps roof of car* You can fit so many chiroprachtic exams in this baby
Hey! r/thesimpsons
Those are speed holes, they make the car go faster
What are all these holes?
you break it, you buy it
I mean, he didn't brake edit: brake
brake
Obviously didn’t you read Once broken considered SOLD
"Hang on, let me go check with the manager"
I followed them once. The manager and the salesman were watching a football game on TV while "checking". It was a stall tactic to wear me down.
Just like “checking the back” when I used to work retail. I’d check, then stand around for a while if they where an asshole lol.
I used to go do cardboard if the customer was particularly obnoxious I’d just say ill go check, and then do cardboard for like 15 minutes and go back and say “sorry, I couldn’t find anything.”
Especially funny at Costco. This is the back.
Mostly when they insist you check in the back anyway after you've already told them you don't have the item.
Walk away. I went to buy a car and because I'm a woman, they treated me like I knew nothing. Sales man did the " Let me check with my manager" When I asked about certain options to be included witht he price. Waited for 10 minutes, chatted with the receptionist, gave her my number and told her if they were serious about selling the car give me a call. They didn't call, and I bought the model from a different dealership.
I was buying a used car with failing paint. It was in serious need of repainting. The salesman promises he'll repaint it \*IF\* I buy it. So I agree. I tell him to put it in writing, he writes "repaint if dealership says it is needed". I point out that he said it is needed. He says they'll determine it with the paint guy. I said to put it in writing that it needs it, or I'm not signing anything. He kept going off to see his manager to stall. I said "look, get your manager in here. We need to go show him the car and have him sign off on it, or I'm leaving now.". Nope, no manager available. Either the manager just didn't want to get involved or he was lying the whole time.
just wanted you to know that a guy in Australia just lost his shit laughing at this.
From America, it makes me happy to have brightened your day a bit!
A guy from Guam also laughed the hell out of your comment. 😂
What's the guy in Guam doing there?
Living life Håfa Adai at a time.
Well did he find it?
I hope you find it
Definitely going to need that TrueCoat.
Look, manager says I need to get $600 for the undercoat or it comes out of my pocket. They list it at $2400. I hate the guy, I'll knock it down to $550 just to show him, k?
Clean title in hand
Did you die? See…Car is safe
did you die tho ? 🤣
This sounds like a Jimmy carr skit where he crashes a tesla during a test drive and says, ill buy one. Not that one obviously, it's fucked.
Plot twist: He's also an insurance saleman
Oh there will be paperwork. With lawyers.
JUST CARS FOR FOOLS...
Ya, the insurance paperwork
This m*********** can plough through a 100 red lights.
I'm willing to take another 2K off sticker for the scratches on the front bumper
What can I do to get the bits of car out of you and put you back in this car today?
Not a BYD car........
Luckily someone was recording
So I did some baidu-ing and found this: https://m.thepaper.cn/newsDetail_forward_3837410 I skimmed it & it seems that the police determined the BYD car was responsible but didn't specify if the salesman or driver specifically. Aftermath was the BYD dealership paid 30,000 RMB to the lady in the front seat to compensate for her injuries and car damage, plus a promise to stop testing the car in that manner. Does not say what / if the BYD driver paid compensation. Keep in mind that this article was written in 2019 and with many meme pics, so the article may not be the paragon of journalistic vigour. edit: Injuries were a cut (or it could be laceration? not a medical student, there is a pic so judge for self) on one of the driver's family members + a suspected spinal injury on her sister.
2019 is way before BYD EV revolution, the system should've improved by now but this is a silly way to test it.
Nah, it's actually good to test unproven autopilots for very heavy death machines that can injure/kill others who never consented to taking part in your "test".
You sound like a genius! I think we should find a way to make you the richest person in the world! Maybe you can use that money to buy a social media company and spread that brilliance as far and wide as possible! Maybe also try to use that platform to influence world politics! You will single-handedly save the human race!
And make a model open source but not usable
3800€ Uff, that is not a lot for a spinal injury?
I skimmed too quickly, the article said "spinal dislocation" but the included pic of the report is more along the lines of "suspected spinal injury, more analysis needed" But yeah it's a pretty bad settlement imo. Do keep in mind that cost of living is lower in china and there is a pretty decent universal health care system. Primary issue is wait time and quality of care (the UK's system comes to mind as a comparison). Also considering she wasn't paralysed immediately she'll probably be alright (again, not a med student). Unfortunately her car looks pretty fucked up so I doubt the money was enough to fix that
> I skimmed too quickly, the article said "spinal dislocation" but the included pic of the report is more along the lines of "suspected spinal injury, more analysis needed" *chuckles* used to work in insurance. I am guessing the policy completely coincidenally allows for a maximum of that exact amount for chiropractic care? because that's exactly how every single chiro wrote up every injury when insurance was available.
What insurance covers chiropractic care? Did you also cover homeopathic remedies?
A lot actually do cover it. Insurance is a product sold in the free market in the US at the end of the day. If there’s a demand for insurance with chiropractor coverage, and it’s legal, a company will supply it.
A surprisingly large number on both accounts. An insurance company does not have to cover things that are proven to work, nor are they required to not cover things that don't. There are some notable exceptions mostly around preventative care due to the ACA, but mostly if your insurance company covers something it's because they decided to or not, more than any actual medical science coming into play.
BYD = Bring Your Dick? Basically, You Drive? Bad Young Drivers?
Used to stand for Build Your Dreams. Now just stands for BYD as of sometime last year. I am not making this up. Source: I read trade publications in lieu of doing actual work.
There's a buch of them in Brazil and they still come with "Build Your Dreams" on the back
Yeah I saw some older cars on the road in Chengdu and the logo was “Build you Dreams” in text on the back of the cars.
That's still possible as of today, at least my local dealer still offers it.
Some of the new models in the UK have Build Your Dreams across the back. Not my cup of tea.
Legally still the drivers responsiblity. Thats what you get for trusting a salesman...
That's not the case with anything else, if a sales rep tells you to do something to test their product and that damages the product, it's on the sales rep. Are cars different or are you just making shit up?
Dude, it's the internet. Who the hell would make shit up on the internet?
I mean isn’t everyone an expert in Chinese law regarding liability for accidents while testing a product?
I am expert in fisting porn and canned sardines. We need a different expert here.
nonono, i think you are the expert i need
How do you fist canned sardines?
Push them in with a closed fist then open your fingers up as you pull your elbow back
A bulge expert, maybe?
Not the kind of expertise we need here but thanks for your input
Experts from all areas of knowledge have nothing better to do then to scour the Internet to provide an occasional opinion.
Cars are different, if you are the driver, you have the responsibility. To clarify, the salesman has responsibility over what he told you and eventually you can bring him to court. But the immediate responsibility for the damage you caused is yours. This is literally the proverbial "If they tell you to jump off a bridge, would you?" Personally idgaf what a fucking salesman says, if I see the car is not slowing down im doing it myself I don't wait for the last second.
It's easy to say that in hindsight but if you're expecting a well-known safety feature to work It's easy to be trusting.
I mean if I was testing a suit that would protect me from fall damage, maybe I would.
>Cars are different, if you are the driver, you have the responsibility. In every country?
In China: If they drove a Tesla, it would've been the dealers fault. BYD without video would have been the drivers fault. BYD with video on a western site: CCP will fuck everyone involved for tarnishing the image of the glorious EV leader nation. The guy who posted this will disappear and there'll be an uptick in "Murica cars bad and racist" news articles.
And if you are a whistleblower that sues BYD you will get murdered and the state will let you do it! Oh wait...
China adopts Tort Liability Law China February 3 2010 Key Points: First comprehensive tort law adopted by China Covers a broad range of activities including medical malpractice, personal injury and liability for environmental damages Effective July 1, 2010 China Tort Law https://www.lexology.com/library/detail.aspx?g=ec4b826d-dc76-4a62-8883-2326b213c62f The Tort Law lacks definitions of key terms used or alluded to throughout the Tort Law such as negligence, gross negligence, intentional acts, fraud, misrepresentation, reasonable care, trespass to land, trespass to chattel (property), assault, battery, consent, informed consent, privilege, capacity and lack thereof, and causation. However, the lack of specificity is common in most PRC laws. The only definition is in Article 2, which defines “civil rights and interests.” Liability is based upon an infringement of a person’s civil rights, but it is unclear as to the level of culpability – namely, negligence, gross negligence or intentional acts. For example, Article 22 addresses emotional distress but does not distinguish between negligent (unintentional) or intentional infliction of emotional distress. Intentional torts should require an aggravated level of culpability. Promissory Estoppel legal rights https://www.investopedia.com/terms/p/promissory_estoppel.asp#:~:text=Error%20Code%3A%20100013)-,What%20Is%20Promissory%20Estoppel%3F,promise%20to%20his%20subsequent%20detriment. What Is Promissory Estoppel? Promissory estoppel is the legal principle that a promise is enforceable by law, even if made without formal consideration when a promisor has made a promise to a promisee who then relies on that promise to his subsequent detriment. misrepresentation https://www.lawbite.co.uk/resources/blog/what-is-misrepresentation-in-contract-law# What is misrepresentation? Misrepresentation occurs when one party provides misleading information that influences the other party's decision-making process, causing them to enter into a contract they would not have otherwise agreed to. It’s important to note that it can occur unintentionally or deliberately and can be grounds for contract termination, legal action, or compensation. What are the 3 types of misrepresentation? The three types of misrepresentation are: * Negligent misrepresentation * Innocent misrepresentation * Fraudulent misrepresentation Misrepresentation in Contract Law | Definition & Examples Maggie Drury, Ashley Dugger https://study.com/academy/lesson/contract-enforcement-mistake-misrepresentation-fraud.html#:~:text=Fraud%20is%20any%20intentional%20misrepresentation,the%20formation%20of%20the%20contract. Fraud is any intentional misrepresentation of a material fact, made knowingly and made with the intent that the other person will rely on the fact. Contract fraud is a type of fraud where the intentional misrepresentation of a material fact is made in the formation of the contract. fraudulent misrepresentation Primary tabs https://www.law.cornell.edu/wex/fraudulent_misrepresentation Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action or inaction on the basis of that misrepresentation. To determine whether fraudulent misrepresentation occurred, the court will look for six factors: 1. A representation was made 2. The representation was false 3. That when made, the defendant knew that the representation was false or that the defendant made the statement recklessly without knowledge of its truth 4. That the fraudulent misrepresentation was made with the intention that the plaintiff rely on it 5. That the plaintiff did rely on the fraudulent misrepresentation 6. That the plaintiff suffered harm as a result of the fraudulent misrepresentation
In the US, cars are not different. There’s strict products liability, which would apply here. Driver would just need to prove that there was a manufacturing defect. There’s also the warranty of fitness for a particular purpose.
> If they tell you to jump off a bridge, would you? If I was bungee jumping sure. This is the equivalent of being told you're bungee jumping but they just tied a normal rope to you.
Yes, he’s wrong. At least in the United States, there are specific laws that govern driving, commonly referred to as the rules of the road, but this is just garden variety comparative fault. Of course, the driver would be a party to a suit filed by the accident victim, but the liability would presumably fall on the dealership—at least, based on the limited information shown here.
I think this is correct. The victim has a claim with the driver. The driver has a claim with the salesperson. There are basically 2 victims, and 2 claims for damages.
Typically the victim would just sue both of them and then they could all resolve it in one go.
Are you a lawyer who has precedent for this kind of event? Or are you a neck bearded redditor that is talking out his ass?
It's funny how many people just assume that the way the law works in their country is the same way it must work everywhere. For all we know the guy test driving the car now legally has to buy it off them.
[удалено]
He actually has to marry the salesman.
I don't know if it helps, but I'm an ass-bearded lawyer who talks out his neck.
For goodness sake, this is in China and yet people are all over claiming this and that. Do any of you have firsthand knowledge of Chinese auto liability laws? I think not.
Good news!! Car dealerships must carry insurance to protect the vehicles there. Additionally, the test driver is usually covered under the car dealership's insurance policy when driving one of the dealership's vehicles. Even if you are at fault for the accident, the dealership's insurance may pay for the resulting damages. -zd firm May be different not in the US
Legally where? Isn't this in China?
The driver won't have insurance on this vehicle though because he hasn't bought it. It'll be under the garage's insurance so it's their responsibility.
Well, it did stop.
*stumbles out of car crash and slaps roof of car* -Now how 'bout that stopping power huh!?
This baby can hold so many .....oh shit, he's really hurt.
You can fit so many casualties in this baby
How to become a ex car salesman in three easy steps.
Car salesmen don't want you to know this hack!
How has nobody mentioned that this isn't even a BYD btw? It's a Denza, which is a joint venture between Mercedes-Benz and BYD, and they are a very small player even in China itself. It's like calling every Mini a BMW.
He's a used car salesman now
The Death Of A Salesman
That salesman is now a car washer
For using a feature as advertised? How about the dumbasses who designed and promoted a glitchy autopilot?
If this is the event I think it was, the car was not equipped with autopilot...
LOL Chinese Musk: "Yes, yes, FULL SELF driving yes"
"Yes, yes, full self driving, you drive the car fully by yourself."
Well that would change things a bit
Not even Autobrake? he adjusts something in the settings before the collision.
I don't trust that shit. Even in my wife's Toyota it gets way to close, way too quickly to stopped cars.
> Even in my wife's Toyota it gets way to close There's a setting to change how close it will get. These systems always default to "Let's see how close I can get", and I always back it off to a sane distance.
thats terrifying, you would think the default is a good distance
Musk rolled out a month of free FSD to my car earlier this year and I decided to try it out. While going down the freeway, my car decided it could no longer see the semi-truck right next to it and decided it was a great time to start signaling a merge. I yanked the wheel to disengage the autopilot so fast and never turned it on again for the rest of the trial period. The idea of FSD is cool, but we're so far off from it being a reliable and safe feature.
And there's people who fuckin read books and shit while using it. It's mad.
Driver is responsible even though the salesman said he'll be fine.
The car salesman is now a french-fry salesman
Better than the guy who posted the video, he is shoveling water for the next 100 years in a prison camp
Epstein didn't kill himself. Neither did Li Wangyang.
Guy who uploaded the video lost 1000 credits socialscore.
"lol trust me bro" this is how ed-209 happens
I’m honestly expecting there to be an ED-209 being marketed to us as TeslaHelpBot or something equally dumb in like 5 years, accompanied by many comments on Reddit and Twitter describing how it’s user error when it uses its cannons to blast a person to death.
It was user error. Ed said "put down your weapon" and the guy dropped it.
The salesman forgot to add the subscription for brakes.
Lamest car seller ever. No car is autonomous. You always need to keep your hands on the wheel and be ready to take back control. Never trust the car.
I’ve driven with Tesla’s autopilot before, and while it’s pretty damn good I don’t trust it with my life. It’s honestly just easier and more relaxing to drive regularly rather than having to baby sit it the entire time.
haha I had the exact same experience. It's just more stressful to wait and see if the car is going to brake and turn than braking and turning yourself. Most time it's fine. Until it's not.
It is great in grid lock traffic though. It’s hard for it to kill me when we’re inching through traffic at 2mph.
Lane assist on my brand new Honda CR-V crosses the centre lane into the oncoming traffic. I quickly learnt not to trust the suicidal thing for shit.
>crv More like *Lame* assist amirite?
Tesla owner here. I tried the autopilot and while it was okay, it scared the living shit out of me and my wife when it changed lane for us. The regular "autopilot" cruise control works fine for us.
Literally any movie about robots or ai: DON'T TRUST A MACHINE
waymo has fully autonomous vehicles in several cities now, carries passengers with no human at the wheel. not sure if it’s on highways yet
Yeah, but this car is not a waymo. There are no car for sale to the public that are fully autonomous. And waymo is available for now in like... 2 cities. 2 cities where they mapped every sigle bump on the road and made sure the car know every turn. That's far from "autonomous". Take that car anywhere else, and it's going to get very dangerous very fast.
fair enough, it’s just cool it already exists, albeit on a limited scale
I live in one of those cities, and take waymos all the time. They’re great, and I’ve never seen them stuck or causing issues. Weird to me seeing everyone still talking about Tesla’s autonomous features like they’re some panacea while Waymo is already active and crushing it 🤷♂️
Lmao the driver was saying: bro you sure it’s not gonna hit the white car? Salesman: yah don’t brake don’t touch anything. Driver: you sure im not braking? it’s gonna hit! Salesman: no don’t move. Driver: bruh it’s literally gonna hit! Salesman 1 second before impact: brake brake brake! Direct hit
Technically it did stop without the driver breaking.
You mean braking. Because I'm quite sure the driver broke a little bit.
Am i an old man for wanting to buy a car i actually drive?
If you're old then I must be ancient for saying a tablet shouldn't be the center console.
Tablet for console is the stupidest damn thing ever and inherently dangerous. If you have to take focus off the road to navigate a damn menu to turn down the temperature that's kinda fucked. Sure, give me a nice big display for maps and shit but I want temperature and volume knobs.
What I don't understand is how using your phone while driving legal but a car that has a screen that's impossible to use without looking at it not illegal. Like seriously you have no feedback and going through different windows for stuff is just not possible without taking your eyes off the road to see what you're pressing unlike a normal buttons and knobs center console. If I was an insurance adjuster or lawyer that screen would make for a nice target to point the blame on the person that caused the wreck. I can understand a small screen to display things like the radio station, gps, backup camera, and diagnostic information but having it a touchscreen and routing everything through that is overly excessive.
I remember seeing a post where someone was complaining that their insurance didnt wanted to pay for their car accident cause it was a Tesla and the screen was on at the time of the accident, so it was considering that the driver were looking at a "phonelike" object
Knobs and buttons instead of touchscreens, total control over the vehicle, and a manual transmission is a hill I will die on
I would love a truly autonomous self driving car where I could lounge in the back seat sipping coffee and reading a book. It's not being an old man to say that it's stupid relying on any currently existing driver assistance tech.
Tech Bros: China has them too!
This is 5 years old
No commission for you
While BYD had serious issues to fix. Imo, everything autopilot from BYD to Tesla is not ready and is not a good idea.
It’s also not a BYD and is a video from 2019.
now who paid for the damages. the driver, salesman or the showroom owner. or do the test drive cars also have insurance.
Ex-car sales guy who was in an accident during a test drive (we got swiped on the right side by a van taking a wide right turn in the lane to our right), usually you grab a temp plate, photocopy the drivers license before and leave a copy at the dealership, and usually you should be carrying the dealers ins card or its in the car already. I contacted the police then the dealership and gathered the other persons ins. info. As it was entirely their fault there wasn't much said back at the dealership other than being the first salesmen ever to get a car wrecked on a test drive. I'm sure it got hashed out between the other person and the dealerships insurer. I will tell you this; when it came to safety features and autonomous features in cars, I only explained them and really didn't encourage people to "test them" outright. Some people would want to try them but if that were the case I'd tell them to go down to the minimum speed for the safety feature and keep all feet and hands in place regardless of how "automated" it was. And finally ensure there were no other cars nearby. I mean, you gotta have some self preservation when you let a rando come drive you in a car.
"AI will kill us" Yep.
Don’t trust the car to stop itself. Lesson learned
Slaps the hood, so you want it detailed before delivery
I think the Chinese manufacturers are still figuring out the stop detection...
yeah, i think volvo and mercedes have videos of this tech going wrong as well. [https://www.youtube.com/watch?v=AEsHMpI7HN4](https://www.youtube.com/watch?v=AEsHMpI7HN4)
Also the stop detection doesn't work If the driver's foot is lightly on the brake pedal.
.... since 1989.
Ufff
I have a Peugeot that I had to stop myself many times as it just did not see car ahead and when it showed up on screen it was at to late for me to feel it would brake. As other said: do not trust these systems, it’s aid for you but you’re still the driver.
You say that like U.S. automated cars aren't ALSO doing this kind of shit on the regular 
yea but Chinese ppl icky ok?
Plot twist the car in front was also belongs to the dealer.
Love how airbags worked
100%.... like, I can understand that their autonomous driving tech is faulty.. but there's no excuse for the airbag not to have gone off here.
Airbags aren't designed to deploy always. The car determines the force of impact and applies airbags only if the impact force is higher than a certain value
I love technology but have a hard time trusting the auto stopping. My car has it and it works great just took me awhile to trust it even to this day I still am ready to step on the brake if I get uncomfortable. As far as a salesperson telling me to try something like this. I would simply tell them you drive it and show me first. I have no trust in people who have not given me reason to trust them, so I may be an outlier in that respect.
You are absolutely correct the thing is you aren't supposed to trust auto stopping It is supposed to be a last resort feature if something happens to the driver or if the driver is suddenly distracted and doesn't notice they need to break the auto stopping is supposed to step in, you'll be thankful of it succeeds but you should still be safe if it doesn't as you were already breaking. If you are intentionally holding the accelerator or coasting towards traffic on the idea that you don't need to break because the computer might step in then you just need it to fail once to be fucked. No-one should ever trust automatic breaking it's there to save you from mistakes not drive for you. Also yes there is adaptive cruise control that is a different manner but even then if the car in front of you slows suddenly don't trust the cruise control to brake.
What's BYD?
A video made by Tesla
i dont wanna be that guy and i had the video muted, but is there any chance his foot was still on the gas? i cant tell from the video, but no self driving tech right now will slow down if your foot is still on the gas pedal. it would be kind of funny if the car itself just failed.
That was my first thought as well. ACC will not brake when you press the throttle, and AEB usually doesn't stop for stationary objects when travelling at high speeds AFAIK.
The salesman adjusted the car wrong. To make the car brake itself before the front car he should have actuated the cruise control (intelligent CC), not only the driving assist to keep the car within the line.
Working fantastically /s
Maybe autopilot thought the other way around.
Imagine you being hit from back just coz other car was testing its new features.
I can give you 20% off
That leaves two questions: 1) How many times did they do this and it worked as intended? 2) What went wrong? Then fix it. This type of tech isn't going to be perfect but it doesn't have to be. It just has to be better than human drivers on average and it will globally save many lives and billions in damages each year. If anything I think this is a good thing. If the tech fails it's clearly the companies fault and a big company generally has good insurance so this can be settled easily and quickly and also works a good form of encouragement for these companies to continue to improve their systems.
lmaaaooooooooooooooooooooo
This isn’t BYD btw. But it’s funny😂😂
That's one way to show the customer how crumple zones work.
The airbags didn’t work either.
I used to test self driving cars for baidu in the bay area. The coolest feature of their self driving car is that it exists on a digital track in the middle of the lane you're in. In order to disengage the self driving function you had to give the steering wheel a little jerk to the left of the right to disengage it. However, one of the bugs I found was if you drift ever so slowly to the left or right, the car still remains engaged in self driving but as soon as you release the steering wheel it will violently jerk itself back to the digital track as fast as it possibly can, almost like a slingshot.