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May 23, 2016 22 min

What To Do If Your Car Has A Defect

Car Accident Claim

In the olden days, you would buy a car and it would last you for a decade. Nowadays, however, we’re lucky if a car lasts us even a third of that time. If you find that your car seems to spend more time in the body shop than on the road, read further for advice on what to do.

Recall Alert: What to Do Next?

Has there been a recall? First and foremost, check to see if your car has been recalled. Many companies recall defective products in the hope of fixing the defect and preventing injuries or accidents, thereby limiting their own liability. If the problem with your car is a product defect that came out of its design or manufacture, then it is possible that your vehicle was recalled by the manufacturer for safety reasons. In such a case you would be entitled to take your car into the dealership and get the defective parts fixed or replaced for free.

Is your car a “Lemon”?

A lemon car is a brand new vehicle that has a defect that considerably impedes the owner’s ability to use it. This is a product defect that would have been present when you purchased your car and cannot be repaired easily or within a reasonable number of tries.

According to the California Department of Consumer Affairs (DCA), the reasonable number of repairs depend on many factors, such as:

  • Your vehicle is giving you hard time within 18 months of delivery or 18,000 miles
  • You have notifies the manufacturer about the problem multiple times
  • You have taken your vehicle to the manufacturer or its agents more than four times for the same problem and it is still not fixed.
  • Or more than two times for the same problem that can cause a severe injury or even death and the agents are not able to fix it.
  • Lastly, if your vehicle has been out of service for more than 30 days (no need to be in a row)

If your car is determined to be a lemon, then you are entitled to either a refund or a replacement. If you think you are dealing with a lemon product defect, you should speak with an attorney to discuss your options.

Is a Product Liability Suit an option?

Though it is hopeful that if your car has a defect, the defect is caught and fixed before it causes any accidents or injuries, this is not always the case. If you find yourself in the position where you or a loved one were injured due to a defective vehicle, you should consider a product liability suit as an option. In a product liability suit, you would seek to hold the manufacturer of the car liable for the defective product, your vehicle, which caused the injury or damages. If you are considering this route, you should consult with an attorney to review your case. A Defective Product Attorney would be helpful in determining whether you meet the requirements for a product liability suit; moreover, an attorney can help you navigate through the applicable law and put together a strong product liability claim if applicable.

Category: Product Liability