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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: 27 days ago.Category: Legal
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Answered in 6 minutes by:
5/29/2018
Lawyer: Law Educator, Esq., Attorney replied 27 days ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,332
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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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.

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Customer reply replied 27 days 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 27 days 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.

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