Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I recently had a safety defect on my car that if it played…

Customer Question
I recently had a...

I recently had a safety defect on my car that if it played out differently could've injured me. It's an existing safety issue with my car manufacture but they won't recognize it as a recall issue even though there are multiple cases worldwide. Wanted to see what my options are taking legal matters into my own hands

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New York

Lawyer's Assistant: What steps have you taken so far?

Dropped my car off at my dealer where I originally purchased car to repair the defect. Its been 8 days and still have not heard any updates.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. I think that's it.

Submitted: 2 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
5/29/2018
Lawyer: Law Educator, Esq., Attorney replied 2 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,862
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the manufacturer will not make the repairs, which they would be obligated to do under product liability law and under warranty law if the car is still under warranty, then you can sue the manufacturer for the cost of repair. You can also file a complaint with the National Highway Transportation Safety Administration and ask them to investigate the safety issue and issue a recall. https://www-odi.nhtsa.dot.gov/VehicleComplaint/

If nobody was actually injured then the fact that someone could have been injured is not something you can sue over. You can only recover your actual damages such as cost of the repairs.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 2 months ago
As far as I know, the dealer said they would fix and repair the issue. However, I have no sustained scratches all over my vehicle as a result and when I asked the dealer if they could and how they can resolve the issue, they simply replied with "we need to call the manufacture." It's been 8 days since the incident and I have yet to hear back on any updates and still without my vehicle.
Lawyer: Law Educator, Esq., Attorney replied 2 months ago

Thank you for your reply.

That is all you are entitled to, repair of the defect and all damage it caused. So if the manufacturer does not repair the scratches caused by the defect, you can sue the manufacturer for the cost of those repairs and you can still report the claim to the Safety Board.

You can also sue for loss of use of the vehicle (rental vehicle costs if they are not providing one) as part of the damages from the manufacturer.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 126,862
126,862 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

126,862 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I run a small European auto repair business in NJ. I
Hello, I run a small European auto repair business in NJ. I recently had a customer with a BMW 335i break down while driving on the highway, under the conditions of all electrical power to the vehicle… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
I paid cash for a used car, $31,000. It had a 30 day, 3,000
I paid cash for a used car, $31,000. It had a 30 day, 3,000 mile warranty 2 days later there was an issue. I brought the truck in. The dealership told me they couldn't find the issue. And they'd call … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
I recently purchased a used car, 2010 GMC Terrain, looks
Hi. I recently purchased a used car, 2010 GMC Terrain, looks brand new, appeared in ver good shape, from DriveTime. Auto records were clean, all known rcalls were already addressed. Howeve, since its … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
I bought my car in the state of in 2012. The car is a 2010
I bought my car in the state of Washington in 2012. The car is a 2010 make. Now i live in Georgia. In a span of 2 months, I got multiple letters from the head quarters of the car company that both dri… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I live in Massachusetts, IN august of 2012, I purchased a new
I live in Massachusetts, IN august of 2012, I purchased a new 2013 ford Escape, this car has had 4 recalls, I oringinally brought it in for a broken vent switch at which time I was told there were 2 r… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,287 satisfied customers
I bought a truck from a auto dealer. The truck has a broken
I bought a truck from a auto dealer. The truck has a broken side mirror. I was told by the service manager that the dealership would replace the mirror. This did not happen and now I'm told that becau… read more
AttyKLG
AttyKLG
JD (law degree)
75 satisfied customers
My situation is as follows My 2005 Ford Mustang was purchased
My situation is as follows: My 2005 Ford Mustang was purchased brand new from the dealership. After a few years some symptoms of a problem started showing up periodically. Specifically, the passenger … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
126,862 satisfied customers
I purchased a 2006 Volkswagen Passat from CarMax on May 23,
I purchased a 2006 Volkswagen Passat from CarMax on May 23, 2009. Since May of 2010 I have had serious problems with the transmission. It has been in the CarMax shop more than it has been out. They ha… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
does a new car qualify for the lemon law if it has been in
does a new car qualify for the lemon law if it has been in for manufacturing defects 12 times in 12,000 miles? It now has the 4th radio in it. None of the issues have been safety related.… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
if an odometer on a vehecial works peroidically, off and on
if an odometer on a vehecial works peroidically, off and on more off than on and one can not get an accurate reading of the mileage, does this qualify as an odometer violation? especially under the le… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
ON JULY 13 WE PURCHASED A 2008 NRA camoflage KAWASAKI TERYX
ON JULY 13 WE PURCHASED A 2008 NRA camoflage KAWASAKI TERYX 4x4 SIDE BY SIDE RECREATIONAL VEHICLES. SINCE WE BOUGHT THIS WE HAVE HAD TO PUT IT IN THE SHOP FIVE TIMES LAST YEAR NOISES ARE COMING FROM T… read more
Legal Eagle
Legal Eagle
Attorney at Law
Doctoral Degree
381 satisfied customers
I have recently been having mechanical problems (the most recent
I have recently been having mechanical problems (the most recent being a cracked axle) with my 2000 Honda Accord. I was directed to the safercar.gov site to research "Recalls" for my model car. I foun… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
Lemon Law, Bought a 06 Equinox Has just over 40000 miles Have
Lemon Law, Bought a 06 Equinox Has just over 40000 miles Have had 3 wheel bearings replaced 1or both are going bad again, Had 3 daylight running resistors replaced it just burned out again. warrenty w… read more
LADYLAWYER
LADYLAWYER
Owner of my own law firm
Juris Doctor
6,438 satisfied customers
i signed papers for a new car but within 24 hours the car ...
i signed papers for a new car but within 24 hours the car does not run. The dealership has not recieved any money, can i cancel my purchase?… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
I recently took my vehicle to the dealership where I bought ...
I recently took my vehicle to the dealership where I bought it to have the transmission fixed. It was "slipping." The warranty that I bought through the dealership expired 7/23/07. I dropped off my ve… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
My wife recently bought a 2008 BMW 535XI. The cost was ...
My wife recently bought a 2008 BMW 535XI. The cost was nearly $70,000.00. She was able to drive the vehicle less than 160 miles prior to some malfunctions occuring with the vehicle. Thus far, the vehi… read more
Kelly Spurlock
Kelly Spurlock
Bachelor's Degree
304 satisfied customers
i want to know if i leased a car, and then found out that ...
i want to know if i leased a car, and then found out that the car was a lemon can they charge me agin for registration fee,s?… read more
Kelly Spurlock
Kelly Spurlock
Bachelor's Degree
304 satisfied customers
I just brought a car from a dealership that has ...
I just brought a car from a dealership that has transmission problems already. He had his mechanic remove the check engine bulb so that I wouldn't notice the problem until the warranty was up. Is ther… read more
Kelly Spurlock
Kelly Spurlock
Bachelor's Degree
304 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x