The airbags have gone of on my car without hitting anything . my insurance company will not pay for the repairs , they have said they will not pay because it is a manufacture fault . i have taken the car back to the the dealership from which i bought it new (2009model elantra) they will not help as i have not had all of its servicing done. i need to know what my legal rights are as i believe that one of these parties should be respondsible for the repairs .
Spoken To all parties involved.
i need to know what my legal rights are as i believe that one of these parties should be respondsible for the repairs . In order to get the car dealership to pay for the repairs to the airbags, you will need to lodge a minor claim in the Magistrates Court of Western Australia.Simply call (08) 9425 2222 and ask them to send you a Form 4. Once you have filled it in you need to return it to the Court with the fee (you should call them on the number above to ask them what the fee is, they always seem to be increasing it).The Court will then stamp the Form 4, and return two copies to you. You must give the car dealership one of the copies. Your matter will then be set down before a judge and you can then tell the judge your side of this. I think you have a decent case for them to repair the vehicle. On top of that someone could have been seriously injured if the airbags had gone off whilst someone was in the vehicle.The car dealership also get to tell the judge their side of the story at the same hearing, and then the judge makes his decision.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
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