In what cases can a class action lawsuit be filed against a car importer?
A class action lawsuit against a car importer is a special, complex, and very different process from an individual lawsuit. The entire purpose of a class action lawsuit is to unite and represent a large group of people who have been harmed in the same way (or in a very similar way) by the same party.
In order to be able to consider filing a class action lawsuit against a car importer, the injured party must prove that the defect in their vehicle also exists in many other vehicles. The more it can be proven that the defect in the vehicle exists in a greater number and variety of vehicles (for example, different models of the same manufacturer), the higher the chance that the court will approve a request to approve a class action lawsuit, and the case will proceed. Class action lawsuit Against a car importer.
On the other hand, if it is proven that the defect does indeed exist in a limited number of vehicles, despite the existence of the defect, the court will reject the request to approve a class action lawsuit, because a class action lawsuit is not intended to deal with small groups of victims.
Another thing that is important to pay attention to before considering filing a request for approval of a class action lawsuit against a car importer is the value of the damage. Classic class action lawsuit Designed to handle minor damages, which generally do not warrant filing a personal claim.
For this reason, when the defect in the vehicle is significant and expensive, there will be judges who will not necessarily allow a class action lawsuit against a vehicle importer because they believe it is better to pursue individual claims in these cases. Of course, each case will be examined on its merits, and there may also be cases in which significant and expensive damage will be examined within the framework of a class action lawsuit.
What are the differences between a class action lawsuit against a car importer and an individual lawsuit?
Purpose of the procedure – In a class action lawsuit, the goal is to obtain relief for the benefit of the group of victims. In a personal lawsuit, the goal is to obtain relief for the benefit of the plaintiff who filed the lawsuit.
The number of people involved in the process – A class action can begin with even one person, but its purpose is to represent a large group of people (at least many hundreds of people, and usually thousands or more). In a personal lawsuit, there is usually only one plaintiff.
The relief claimed – In a class action, a uniform remedy is usually claimed for all members of the group. It is not possible to claim exemplary damages or Compensation without proof of damageIn a personal lawsuit, the plaintiff may sue and demand any relief he deems appropriate.
What must the plaintiff/applicant prove? – In a class action lawsuit, it is necessary to prove that the defect that exists in the applicant's vehicle (the person filing the class action lawsuit is not the plaintiff, but the applicant) also exists in many other vehicles. In a personal lawsuit, all the plaintiff needs to prove is that the defect exists in his vehicle.
How to prove the claims – In a class action proceeding, all documents and evidence on which the applicant intends to rely must be attached to the request for approval. The request for approval must also detail all factual allegations andThe legal argumentsIn the context of a personal claim, you do not have to file with Claim All documents and evidence. It is also not necessary to detail all factual and legal arguments in the statement of claim.
Adding an expert opinion – In a class action lawsuit against a vehicle importer, in the vast majority of cases, it will be necessary to attach Expert opinion Who examined several vehicles and found a common defect in them. In a personal claim, it will not always be necessary to attach an expert opinion.
Time period for filing a defense/response to the request for approval – In a class action, the respondent may file a response to the request for certification within 90 days. In a personal action, the defendant will be forced to file Defense Within 60 or 45 days (depending on whether the claim is under regular or special legal procedures) A lawsuit in a speedy trial).
Payment of court fees – Court fee In a class action lawsuit, the maximum amount can reach approximately 19,000 shekels (the amount is updated annually), assuming you filed the lawsuit in the district court.Magistrate's Court The fee is lower. Part of the amount is paid immediately upon filing the procedure, and most of the amount is paid at a much later stage.
In the context of a personal claim, the fee is 2.5% of the claim amount. Half of the fee is paid immediately upon filing the procedure and the balance before The evidence discussion.
Reaching a compromise and determining compensation – במסגרת תביעה ייצוגית נגד יבואן רכב כל סוגיית הפשרה וגובה הפיצוי הכספי לקבוצה חייבת לעבור את אישור בית המשפט. בית המשפט בוחן ביסודיות את הסכם הפשרה כדי לוודא שקבוצת הנפגעים לא מקופחת. בית המשפט יכול להתערב בהסכם הפשרה ולשנות את גובה הפיצוי. בנוסף, כל הסכם פשרה חייב להתפרסם בתקשורת ולעבור לעיונו והערותיו של היועמ"ש.
In a personal lawsuit, the parties can reach any settlement they want. Typically, in a personal lawsuit, the court acts as a rubber stamp, and any settlement agreement and any compensation amount will be approved by the judge.
The length of time the procedure lasted – A class action lawsuit against a car importer can last for many years (especially if the approval request is approved and the lawsuit itself is handled from start to finish). In contrast, an individual lawsuit will usually last between one and two years.
What should you do if you are considering a class action lawsuit against a car importer?
Collect data regarding the fault in your vehicle.
One of the conditions for conducting a class action lawsuit against a car importer is to prove that you have a personal cause of action. That is, that you were harmed by the car importer and as a result, you are entitled to take a class action against the car importer. A person who does not have a personal cause of action will not be able to represent the members of the group and the application he submits to the court will be rejected.
To prove the fault in your vehicle, you will need documentation such as maintenance history, photos, recordings of conversations with importer representatives, and expert opinions.
Try to locate additional victims from the car importer
To increase the chances of success of a class action lawsuit against a car importer, it is highly advisable to initiate the process with more than one claimant. This will prevent possible defense claims from the car importer (for example, the person who wants to represent the group does not have a personal cause of action) and will make it easier to prove that the importer's vehicles have a defect that is relevant to a large group of people.
You can try to locate a large group of victims from the same car importer by using social media. In many cases, if there is indeed a defect in an importer's vehicles, there will be many complaints about it on social media, and sometimes even groups dedicated to that importer or that vehicle or that defect.
It is worth checking whether recall notices have been issued worldwide for the same defect. The more well-known the defect is worldwide, the easier it may be for you to prove your claims.
It is also recommended to check whether claims have been filed in Israel on the same matter against the car importer. To the extent that claims have been filed on the same or a very similar matter and have been decided in favor of the plaintiff in the same proceeding, this may greatly assist you in a class action lawsuit against the car importer.
Finding an automotive expert
In the vast majority of cases, a class action lawsuit against a car importer will require the assistance of an expert in the automotive field, preferably an expert in the specific problem for which you want to conduct a class action lawsuit or an expert in that type of vehicle.
That expert will need to prepare an expert opinion, which you will need to attach to your approval request. As part of the opinion, the expert on your behalf will need to detail exactly what he inspected, which vehicles, how many vehicles he inspected, and why in his opinion the defect is the responsibility of the vehicle importer.
In conclusion
A class action lawsuit against a car importer is very different from a regular lawsuit. In a class action lawsuit, you must prove that the damage caused by the car importer is relevant to a large group of people.
To succeed in a class action lawsuit against a car importer, you must prove that the defect exists in many vehicles of the same model or different models. Usually, proof of the defect must be proven through an expert opinion.
Unlike an individual lawsuit, a class action lawsuit against a car importer may last for many years. In these cases, it is highly recommended to seek the services of Automotive Lawyer Because not all A lawyer can fight against car importers.
