A client was ordered to pay R $ 7,417.79 in compensation to a concessionaire in Pouso Alegre, in the southern region of Minas Gerais, after having damaged the engine of a car during the test-drive. THE decided of the 18th Cmara Cvel of the Court of Justice of Minas Gerais, which determined the reimbursement of the amount spent by the company to repair the veculo.The judges answered last Tuesday, 22, to an appeal filed by the concessionaire and reformed the decision of first instncia that it had dismissed the thesis that the consumer was responsible for the damage to the car.
According to the process, the driver he drove to the city of Capitlio, also in the south of Minas Gerais, where he informed that the car stopped running after passing in a stream. In action, the company claims that the damage was due to misuse, due to lack of caution and recklessness, since the customer improperly entered the vehicle into the water. Therefore, several engine parts needed to be substituted.
In the appeal to the Court of Justice, the dealership he argued that the client, upon removing the vehicle, signed a term of commitment. In addition, the driver would be aware that there was a stipulated route, which does not include rivers, since the car was designed to run on roads terrestrial and not for crossing water courses.
The store also added the vehicle’s checklist to the workshop, which indicated the car didn’t work, it was wet, dirty and with the back cover wrinkled. The company completed the argument by stating that the insurance covers claims for normal use of the vehicle, which was not the case.
For the rapporteur, judge Srgio Andr da Fonseca Xavier, although the car is a vehicle for use on rural and urban land roads, the woman signed a term of responsibility when removing the vehicle from the dealership, forcing herself to responder for material damage caused to third parties.
“The appeal when receiving the vehicle for” test drive “, assumed the commitment to drive it responsibly. When trying to cross a stream, it extrapolated the normal attitude that is expected of the driver when driving the veculo“, wrote the judge.
Judges Jos Eustquio Lucas Pereira and Arnaldo accompanied the rapporteur Maciel.