I brought my 2007 Mazda Rx-8, less than 50,000, to the Annapolis Mazda dealership, after the catalytic convertor became so hot , it burned a 6" diameter hole in the interior carpet and burn parts of wiring harness. The dealership and Mazda has assumed responsibility for the failure of the catalytic convertor and has offered to replace it, but so far will not cover the other damage it cause to the car. They advised me to talk to my insurance (State Farm) company, which says does not cover this type of damage from equipment failure. The dealership has not given a damage estimate after having the car for 72 hours. What are my legal options ?
Country relating to Question: United States
State (if USA): Maryland
If you can demonstrate that the hole in the carpet and the damage to the wiring harness were caused by the overheated catalytic converter, then you are absolutely correct, and Mazda is required to reimburse you for said damage. What you need to do is to inform the dealership and Mazda corporate that you intend to file a lawsuit for reimbursement of those damages in small claims court based on their admission of liability in terms of the faulty catalytic converter. In addition to a telephone call, send them a letter via certified mail as well, stating that you incurred property damage attributable to their negligence in manufacturing and installing the faulty catalytic converter, and that they are required to reimburse you. Get an estimate for the cost of repair of the carpet and harness and include a copy with the letter. You should also contact the Maryland State Attorney General to lodge a complaint. You can call their Consumer Protection number at(NNN) NNN-NNNN If they are unsuccessful at resolving your complaint, then you can file a property damage negligence lawsuit against the dealer and Mazda in the small claims court of the county where the dealer is located.
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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