Can a car claims lawyer help win against a car importer?
A car claims lawyer is a lawyer who specializes in representing plaintiffs and defendants in court. Vehicle claimsThis is a niche legal area in which not many lawyers practice, and most lawyers are not familiar with all the relevant laws and rulings that may assist when conducting a case. Lawsuit against a vehicle importer.
In addition, you need to know how to manage the lawsuit against the car importers at a tactical level, and in which cases it is worth resorting to legal assistance.Expert opinion To increase the chances of success, convince the judge to accept the lawsuit.
Attempting to file a lawsuit against car importers can even lead to a situation where the court is impressed by the plaintiff's claims at the very beginning of the proceedings. and will propose a compromise that will end the proceedings quickly and in the plaintiff's favor..
Auto claims lawyer Eddie Blitstein succeeded in the framework Complex lawsuit against Smalt company Lead to financial compensation of 340 thousand shekels:
What remedies can a car claims lawyer help you obtain?
As part of a lawsuit against a vehicle importer or Lawsuit against a car dealership An auto claims lawyer will always focus on the following three remedies: Canceling a new car transaction, vehicle replacement (usually as an alternative remedy to canceling a transaction) and also financial compensation (and refund) Legal expenses).
Transaction cancellation
You usually contact an auto claims lawyer after Buying a new car with faults that do not allow the vehicle to be used at all or that the vehicle simply does not function normally or properly. Either way, the buyer is forced to take the vehicle to the garage, and sometimes the vehicle is forced to stay in the garage for a long period of time (usually because the importer does not have spare parts to repair the vehicle).
This situation can occur very close to the date of receipt of the vehicle, but also after several months, and sometimes even after years (as long as the vehicle is still under manufacturer's warranty).
In these situations, the vehicle owner may demand cancellation of the transaction, especially if the vehicle had to come to the garage very often, or if the vehicle was in the garage for a very long period of time (Lawyer Eddie Blitstein handles this).Lawsuit against Champion Motors After a luxury Audi spent about a year in a garage.
Replacing the vehicle with a new vehicle (usually an alternative remedy for canceling a transaction)
Another alternative remedy that can be claimed with the assistance of a car claims lawyer is the remedy of replacing the vehicle with a new vehicle. The difference between canceling a deal and replacing a vehicle is that in the remedy of canceling a deal, the car importer is required to take back the vehicle and return the money he paid in exchange for the vehicle to the car owner, while in the remedy of replacing the vehicle, the importer is required to take the old vehicle and give the customer a new, working vehicle.
את הדרישה להחלפת רכב ניתן לבסס על הגדרת "אחריות" הקבועה בחוק רישוי שירותים ומקצועות בענף הרכב, תשע"ו-2016This definition states as follows:
"אחריות" – מתן שירות, בלא תשלום, לאחר מכירת רכב או מוצר תעבורה, הכולל תיקון, טיפול or replacement of the vehicle or of a transport product, to ensure their integrity;
Car importers will always claim that they are only obligated to repair the vehicle within the terms of the warranty certificate, and anyone who is not an experienced car claims lawyer may not even know that this claim is simply not true.
ישנם מקרים שבהם נתקלים גם בשופטים לא מנוסים שאינם מכירים את כל פסקי הדין הרלוונטיים ועשויים "להתרשם" מטענת יבואני הרכב בעניין תוקפה של תעודת האחריות וחובתם רק לתקן את הרכבים ולא להחליפם. זאת אחת הסיבות מדוע חשוב להכיר את הוראות הדין והפסיקה הרלוונטיות, כדי שניתן יהיה "ללמד", במידת הצורך, את השופט הלא מנוסה, כדי שלא יקפח את בעל הרכב.
Financial compensation and reimbursement of legal expenses
Additional remedies that can be claimed within the framework Claim To be formulated correctly by Automotive Lawyer or an experienced auto claims lawyer, are monetary compensation and reimbursement of legal costs.
Monetary compensation is intended to compensate the client for monetary damages (damages that can be quantified in money) and non-monetary damages (damages that cannot be quantified in money, for example: Mental anguish) of the vehicle owner. These damages can be in the form of a decrease in the value of the vehicle, loss of enjoyment from not using a new vehicle and frequent visits to the garage, renting a replacement vehicle, etc.
In addition, a plaintiff is entitled to reimbursement of legal costs (Lawyer's fees, Court fee, payment for expert opinions, and any other expenses paid for the purpose of managing the claim).
In order to increase the chance that the court will reimburse the plaintiff for all or most of the expenses the plaintiff incurred in managing his claim, it is recommended to first contact the vehicle importer within the framework of Warning letter before taking legal action.
Every experienced auto claims lawyer knows that following a warning letter, no car importer will cancel the deal or compensate the customer with a significant amount of money, but the real purpose of this letter is to show the court that you tried to minimize your damages and also avoid a long and expensive legal process. Under these circumstances, it will be easier to explain why you deserve full or higher legal costs.
An auto claims lawyer explains how to prepare for filing a claim
Before contacting an auto claims lawyer, it is worth taking a number of preparatory steps so that you can better assess your chances of success in court, and also to prepare the claim more correctly and better.
Locate the purchase agreement and obtain the vehicle's maintenance history.
The purchase agreement and the vehicle's maintenance history are documents that are necessary in almost every lawsuit against a vehicle importer. Lawyer acting against a car importer Without examining these documents, he may be negligent in his duty.
These two documents are important so that it can be proven when and for what amount the vehicle was purchased. Also, how many times the vehicle visited the garage, for what reason, and what exactly was repaired or replaced in the vehicle.
The longer the treatment history and the more visits, malfunctions, and repairs it includes, the higher the chances of the claim being successful.
Correspondence or recordings with garage representatives
בחלק מהמקרים היסטוריית הטיפולים לא כוללת את כל הביקורים או תלונות בעל הרכב. לעיתים הדבר נעשה בצורה מכוונת כדי לא "לנפח" את היסטוריית הטיפולים כדי שהלקוח לא יוכל להסתמך עליה בשלב מאוחר יותר.
For this reason, it is important to locate and back up all correspondence and recorded conversations you had with garage representatives, so that you can better prove your claims.
Requests for compensation or cancellation of a transaction must be made in writing only.
If you decide to negotiate on your own before contacting an auto claims lawyer, it is important to know that all contact with the importer must be made in writing. The reason for this is for documentation and proof purposes at a later stage, should this be necessary.
Do not trust that the importer's representatives will come to testify in court and tell everything that really happened or support your claims. The importer's representatives have a clear interest in supporting the importer's claims so that their workplace is not harmed.
Don't waste time.
In order to increase the chances of success of a lawsuit against a car importer, you should act as soon as possible and not wait many months or years. Although it is possible to reach a situation where a transaction is canceled even after years, these are relatively exceptional situations.Generally, the sooner you file the claim within a relatively short period of time after receiving the vehicle, the greater your chances of success.
In conclusion
An auto claims lawyer is a lawyer who specializes in representing claims against car importers. A person considering filing a claim against car importers will significantly increase their chances of success if they decide to hire the services of an experienced auto claims lawyer over a lawyer who is not knowledgeable in this field, or a lawyer who has never handled a claim against car importers.
A car claims lawyer can assist you in managing a claim aimed at canceling a transaction, replacing the vehicle with another vehicle, and financial compensation. In relevant cases, you can also consider managing Class action lawsuit against a car importer.
Before contacting a car claims lawyer, it is very useful to locate all the documents relevant to the transaction with the car importer, the maintenance history, and all correspondence and call recordings (if any) so that your claims and the defects in the vehicle can be more easily proven.
