Replacing an engine in a new vehicle that is still under warranty may cause the vehicle owner many different types of damage. In this article, you will discover in which situations you can file a claim. Lawsuit against car importers or Lawsuit against a garage In situations where the engine stalls Not as a result of improper or unreasonable use of your vehicle.
When can a claim for a vehicle engine replacement be considered?
There are usually two typical situations in which the customer is required to replace the engine in the vehicle:
- The engine failed due to a fault caused by the manufacturer (manufacturing defect).
- Engine failure resulting from improper use or damage caused by the customer.
המצב הראשון מתייחס בדרך כלל לאותם לקוחות אשר קנו רכב חדש, עשו בו שימוש סביר ובהתאם לספר ההוראות ותעודת האחריות, ובכל זאת המנוע שבק חיים, שלא באשמתם. במצבים אלה היבואן יקח, בדרך כלל, אחריות ויחליף את המנוע ללא תשלום, וזאת מכוח תעודת האחריות והגדרת "אחריות" הקבועה בחוק רישוי שירותים ומקצועות בענף הרכב, אשר קובעת כך:
"אחריות" – מתן שירות, בלא תשלום, לאחר מכירת רכב או מוצר תעבורה, which includes the repair, treatment or replacement of the vehicle or transport product, to ensure its proper functioning;
The second situation generally refers to those customers who caused damage to the engine themselves. The damage is not necessarily caused by physical and intentional damage to the engine, but may be due to poor maintenance. For example: treatments were not performed on time or were performed incorrectly or using unsuitable parts or fluids (such as oil). In these cases, the importer will usually not take responsibility and the customer will have to purchase a new engine themselves or dismantle it in order to replace the engine in their vehicle.
While in the first situation, you can consider filing a lawsuit against the car importer or the garage on its behalf (or even both together), in the second situation, the chance that your lawsuit will be accepted in court is very low, to zero.
Why might replacing a car engine be a problem?
Replacing a car engine is like heart surgery for a healthy person. It involves replacing one of the most important and essential parts of a car. To replace a car engine, many other parts must be disassembled, and it is not at all certain that after installing the new engine in the car, new problems will not arise.
Furthermore, Replacing a car engine may lead to a decrease in the value of the vehicle.If you are considering submitting... Financial claim In this regard, it is worth askingCar appraiser prepare Expert opinion In this matter, it is clear to the judge hearing the case whether there is a decrease in value, and if so, how much the value of the vehicle actually decreased after replacing the engine. Such an opinion will usually cost several thousand shekels.
Another problem that may arise after replacing an engine in a vehicle is the reluctance of future buyers to purchase the vehicle. People are in no hurry to purchase a vehicle that has already had an engine replaced, especially if it is a relatively new vehicle. Replacing an engine in a new vehicle may indicate additional defects that the potential buyer would prefer to forgo, or alternatively the potential buyer may offer an amount lower than the value of the vehicle.
Common Problem 1: No replacement engine in stock
Section 48 of the Automotive Services and Professions Licensing Law sets a maximum time for the supply of automotive spare parts. Generally This is a period of seven working days.The section states as follows:
(a) A direct importer shall provide transportation products for each manufactured vehicle that it imports for the purpose of maintaining the vehicle and maintaining its proper condition, for the period as stated in Section 41(a)(3)(a).
(b) An indirect importer shall supply transportation products for the vehicle he imports for the purpose of maintaining the vehicle and maintaining its proper condition, for the period as stated in Section 42(a)(4)(a).
(third) A direct importer and an indirect importer will deliver a replacement product of the vehicle model they are importing, within seven working days of receiving the order.However, a direct importer may supply a vehicle transportation product of a model that it does not import, within 14 working days from the date of receipt of the order.
(d) The provisions of subsection (c) shall not apply due to a delay in the delivery of a transport product, which does not exceed 45 working days from the date of receipt of the order, provided that the direct importer or indirect importer has proven that he did everything in his power to provide the customer with a transport product within the period as stated in that subsection and has taken all necessary measures to order the transport product from any reasonable source from which it can be obtained at that time, and that he had no control over the delay in delivery.
One of the most common problems that comes to our office is that car importers or their authorized garages inform the customer that the engine in their vehicle needs to be replaced, but there is no engine in stock or they do not know when the engine will be in stock.
In these cases, the customer is sometimes forced to wait Many months, and during the entire time the vehicle is in the garage, it loses value, the customer cannot use it and it suffers Mental anguish Very high, and in the meantime the customer continues to pay the current payments for the vehicle (for example, loan repayment, insurance, etc.).
This is not a normal situation, and later in this article you will discover how to act in these cases.
Common Problem 2: The garage did not stamp the new engine number on the vehicle
When replacing an engine in a vehicle, the engine number must be stamped on the vehicle andUpdate the licensing officeThe vehicle owner should receive a bill of sale, which he should keep, detailing the details of the new engine.
Updating the licensing office when replacing an engine in a vehicle is a requirement arising from Regulation 381 of the Traffic Regulations, which states as follows:
The owner of a motor vehicle and its holder shall notify the licensing authority of the replacement of the engine installed in the vehicle with another engine of the same type.
The reason it is necessary to notify the licensing office regarding the replacement of a vehicle engine is, among other things, to prevent the trade in stolen spare parts.
Failure to stamp the engine number on the vehicle can be a serious problem because without stamping the engine number, the vehicle simply will not pass the annual test.
Believe it or not, there are disputes on this matter even with the largest car importers in the country, and our office has filed Lawsuit against Smelt בשם לקוח לו יש טענות בעניין אי הטבעת מספר המנוע, ומסיבה זו רכבו לא עבר טסט (ת"א 16730-03-24 לוי נ' סמלת מוטורס בע"מ ואח').
What can be claimed if an engine replacement in a new vehicle is not carried out?
If you have a new vehicle and the engine needs to be replaced as a result of a defect relevant to the manufacturer and not a defect resulting from improper use of the vehicle or contrary to the manufacturer's instructions, and the vehicle importer cannot provide a new engine within 7 working days, you may Request cancellation of the transaction or replacement of the vehicle with another one (ראו בתחילת המאמר את הגדרת "אחריות" בחוק רישוי שירותים ומקצועות בענף הרכב שמתייחסת במפורש לאפשרות להחליף את הרכב במסגרת האחריות).
The longer the delay in delivering the engine, the higher the chance that the court will grant your request. Car importers are required to act in accordance with the provisions of the law even if they provide you with a replacement vehicle. In any case, in most cases, the replacement vehicle given to the customer is not the same model and is usually much simpler than the customer's vehicle. Providing a replacement vehicle does not prevent all damages to the customer.
In addition to canceling the transaction or replacing the vehicle, the customer may demand financial compensation. In this case too, the greater the delay in replacing the engine, the greater the likelihood of receiving higher financial compensation.
Finally, the client may demand reimbursement of legal costs. In order to file the claim, the client will have to pay Lawyer's fees, court fees, possibly also for expert opinions, and additional expenses. At the end of the procedure, the client must present all tax invoices and demand from the court Ruling on legal costs Realism.
Court ruling regarding cancellation of transaction after replacing engine in new vehicle
There are many examples of court rulings regarding the cancellation of a transaction after an engine replacement. According to the ruling, replacing an engine in a new vehicle is a fundamental violation that justifies the cancellation of the transaction.
דוגמה ניתן למצוא במסגרת ת"א 25791-02-13 הילאנה בחוס נ' צ'מפיון מוטורס בע"מ:
Since I have come to the conclusion that this is a defect in the vehicle's engine, and that to repair the defect, it is necessary to replace the engine as a whole, it is clear that this is a fundamental defect that justifies the cancellation of the sales transaction.
Moreover, since I determined that the entire engine needed to be replaced, and not just the engine head and/or the engine head and head gasket, And since the defendant did not offer the plaintiff at any stage to replace the entire engine, the defendant's claim regarding the plaintiff's breach of the duty to mitigate damages will not be heard.
That is, replacing an engine can definitely lead to a situation where Canceling a new car deal.
In conclusion
Replacing an engine in a new vehicle can be the result of a manufacturing defect or improper use of the vehicle. While in the first case you will not be required to pay for replacing the engine in the vehicle, in the second case you will be required to pay.
Replacing an engine in a new vehicle leads to a number of unwanted problems for the vehicle owner: the vehicle may lose its value, potential buyers may not agree to purchase the vehicle or may demand to pay much less than its value, and new problems may arise in the vehicle after replacing the engine.
יבואן רכב מחויב להחליף את המנוע התקול (ככל שלא מדובר בנזק שנוצר על ידי הלקוח) תוך שבעה ימי עבודה. אם יבואן הרכב לא מחליף את המנוע במועד זה הוא פועל בניגוד לחוק. במקרים רבים ליבואני הרכב אין מנועים חלופיים במלאי והם כלל לא יודעים מתי המנוע החלופי יגיע מחו"ל, ולכן לעיתים רכבו של הלקוח עשוי "לבלות" במוסך היבואן חודשים רבים.
In the event that the customer's vehicle is not repaired in accordance with the provisions of the law, the customer may demand Canceling a new car deal or Canceling a used car transaction, plus financial compensation and reimbursement of legal costs.
