In what cases can vehicle claims be filed (new vehicles)?
New car with faults
The most common cases of vehicle claims that come to our office are cases where vehicle importers sold to a customer A new car, and shortly after, problems were discovered in the carNaturally, customers who purchase new vehicles for significant sums do not want their new vehicle to be repaired repeatedly, because that is not what the vehicle was purchased for, and the repairs themselves may lead to a decrease in the value of the vehicle. It is also impossible to ignore the large amount of time that must be devoted to vehicle maintenance (arriving at the garage, waiting for repairs, etc.).
In one of the cases handled by our office, a client of our office purchased a new vehicle that broke down shortly after, During the trip, the part that connects the vehicle's chassis to the wheel. Miraculously, our firm's client was not injured. Of course, from the client's perspective, it is not reasonable to expect him to receive a repaired vehicle under these circumstances.
You can read an example on the website. Lawsuit against Champion Motors As part of this, it was required to replace a vehicle that suffered from numerous malfunctions that were not repaired in a new vehicle.
Lack of spare parts / extremely long repair times
Other cases in which we have filed automobile claims on behalf of our clients include: Lawsuits against car importers who are unable to repair the vehicle. In many cases, vehicles that are still under manufacturer warranty arrive at the importer's garage for repair, but the garage lacks spare parts or the importer's representatives at the garage do not know exactly what the fault is and do not know how to fix it. In these cases, the vehicle owner is sometimes required to wait months for the fault to be addressed (in one of the claims we filed, a client of our office was required to wait for his vehicle to be repaired for over six months). It is important to know that the vehicle owner does not have to wait such a long period, even if he receives a replacement vehicle. This is one of the reasons why it is worth consulting with Lawyer against a car importer.
Cases of this type may also be suitable for filing Class action lawsuit against a car importer.
Delivery of a vehicle with different specifications than what was ordered
Vehicle claims can also be filed in cases where you ordered a new vehicle of a certain model with specific specifications but were actually provided with a vehicle with different specifications. It is not always easy to discover that you were provided with a vehicle with different specifications because it is not always an external matter that can be discovered by a non-professional eye. In one of the cases handled by our office, our client was provided with a luxury vehicle that did not have all the safety systems that are available in that model.
Car lawsuits against used car dealers
Car lawsuits against car dealers are especially common because many car dealers do not follow instructions. Used Car Sales Law (People also refer to it as Due Disclosure Law) ואינם מפרטים את כל המידע הרלוונטי לגבי מצבו של הרכב המוצע ללקוח. הסיבה לכך ברורה, סוחרי הרכבים מעוניינים למכור את הרכב המשומש כמה שיותר מהר ובכמה שיותר כסף, ולשם כך, במקרים רבים מאוד, הם "מעגלים פינות" ולא מספרים הכל ללקוח בעניין מצבו האמיתי של הרכב.
It is important to know that in most cases, car lawsuits against used car dealers will last more than a year. Used car dealers are in no hurry to reach a settlement, among other things, because they want to exhaust the plaintiff, in order to get him to agree to a settlement that is not necessarily in his favor.
It is important to know how to prepare Complaint against a car dealer And when should the lawsuit be filed with the court?
Selling a legally lost vehicle
Our office receives many inquiries every week from clients who made transactions with car dealers, sometimes several years ago, and when they decided to sell the vehicle they discovered that they had been sold Legally lost vehicle. רכב אובדן להלכה זהו רכב שעבר תאונה קשה ושעלות התיקון שלו הייתה גבוהה מאוד. בחלק לא מבוטל מהמקרים רכבים אלה מתוקנים במוסכים שאינם מתמחים בתיקונם, במטרה לחסוך עלויות. מבחינה חיצונית הרכב עשוי להיראות חדש לחלוטין, אך אם בוחנים את הרכב בעין "מקצועית" ניתן לגלות בקלות פגמים לא מעטים.
There is no doubt that if the car dealer had revealed to the customer that he intended to sell him a legally lost vehicle, the customer would not have purchased the vehicle, and this is precisely the reason why someone who purchased a legally lost vehicle will not be able to sell the vehicle in the future, and certainly not at a price close to the list price.
Before submitting Lawsuit against a car dealer or Lawsuit against a car dealership Regarding the sale of a lost vehicle, it is generally very useful to obtain your vehicle's insurance claims history through a website. InfocarThis is a simple inspection that costs a total of 10 shekels. After payment, you will receive a document detailing all accidents reported to insurance companies, and, among other things, whether the vehicle has been declared a legal loss in the past. If this form shows accidents in which the vehicle was involved but the car dealer did not inform you in advance and in writing about these accidents, Lawsuit against a car dealer In these cases, the owner Very high chances of success.
Vehicle claims for failure to submit a proper disclosure form
Many car lawsuits are filed against car dealers for failure to deliver Disclosure Form To the customer. A due disclosure form is a separate form from the vehicle purchase agreement or memorandum of understanding, and within its framework, the car dealer must disclose to the buyer material details regarding the vehicle, such as whether the vehicle has been involved in accidents.
The car dealer must deliver this form to the customer, and have it signed, before the transfer of ownership is made to the buyer's name, and before the buyer pays the consideration for the vehicle to the car dealer.
In the event that the purchaser is not provided with a proper disclosure form, and the purchaser discovers defects in the vehicle that were not disclosed to him by the vehicle dealer, the purchaser may demand Canceling a used vehicle purchase transactionIn the vast majority of cases, car dealers will not agree to cancel the deal on their own initiative, which is why car lawsuits are filed against car dealers.
For your reference A lawsuit against a car dealer for selling a car after an accident.
Vehicle claims for falsified mileage
Many car lawsuits against car dealers are filed even after car buyers discover that they were sold a car that was repaired. Mileage fraudThat is, the mileage displayed on the dashboard has been significantly reduced in order to make the customer think that he is purchasing a vehicle that has been used relatively little.
Anyone who buys a used car knows that a car that has been driven more is a car that suffers from greater wear and tear, is likely to suffer from more problems, and is therefore worth less. A car with higher mileage is also a car that is much harder to sell.
All of these reasons well explain the incentive for car dealers to falsify the mileage on a vehicle, because that way they will sell the vehicle faster and at a higher price.
It is important to know that if the buyer sells the vehicle he bought from the car dealer with the fake mileage, and the additional buyer later discovers that he bought a vehicle with fake mileage, he will be able to file a lawsuit against the first buyer.
What to do before filing a car claim?
Before filing a car claim, you should make sure of the following:
- Make sure you have the vehicle purchase agreement.
- Make sure you have the disclosure form (if it is a used vehicle).
- Make sure you have the vehicle's sales ad that was published online (if it is a second-hand vehicle).
- Make sure you have correspondence/recordings of conversations with the vehicle importer representative or vehicle dealer.
- Make sure you have the vehicle's full maintenance history (in case you want to file a claim for numerous vehicle malfunctions or failure to repair the vehicle over a long period of time).
These documents will help you (and the lawyer representing you) better understand the legal situation you are in, and will also help you prepare a better and more accurate strategy for your action. For example: It is possible that in light of the documents you collect, you will understand that it may be necessary to file as part of the lawsuit Expert opinion Explain to the judge the nature of the technical failures in the vehicle and why they are not due to improper use of the vehicle on your part.
It is very worthwhile to send Warning letter Before filing a car claim. In this letter, briefly state exactly what you are demanding (vehicle replacement, transaction cancellation, financial compensation, etc.). Indicate in the letter that if you do not receive a response within 7 days, you will be forced to file a claim.
If you do not receive a response within 7 days, contact a car lawyer to prepare a claim. ClaimIn the statement of claim, it is important to state all the remedies you are requesting, and to list them explicitly. You will not be able to obtain anything from the court that you do not request in the statement of claim, unless you request the court to allow it. Correct the claim.
In conclusion
Vehicle claims can be filed in the event of purchasing a new vehicle from a vehicle importer or after purchasing a second-hand vehicle. Used car dealer.
Car lawsuits against car importers are usually filed for the sale of a new car with defects, non-compliance, New car repair Or failure to supply spare parts within the time period prescribed by law, and sometimes even for supplying a vehicle that differs from the specifications actually ordered.
Car lawsuits against used car dealers are usually filed for selling a legally lost vehicle, selling a vehicle with faults or after accidents, selling a vehicle with fake mileage, and failing to submit a proper disclosure form.
Before filing a car claim, you should make sure you have all the documents and evidence necessary to prove your claim in court. After you have collected and compiled all the data, you should send a pre-claim warning letter in order to try to resolve the dispute outside of court.
If you are unable to resolve the problem after sending the warning letter, there will be no choice but to file a lawsuit with the assistance of an automotive lawyer.
