Lawsuit against Union Motors – When and for what can you sue Toyota?

Who is Union Motors?

Union Motors It is an importer of Toyota vehicles in Israel, so you can file a claim against Union Motors after purchasing a new Toyota vehicle or Used Toyota car from Union Motors, and whenever any major faults or defects are discovered in the vehicle, or in cases where there is a discrepancy between what was promised to you and the vehicle provided to you.

Lawsuit against a car importer Being as big as Union Motors is no easy feat.This article will help you understand where the difficulty lies in these lawsuits, how to overcome them, and how to win a lawsuit against Union Motors in court.

If you own a vehicle worth over 100,000 shekels, it is highly recommended that you use the services of Automotive Lawyer Experienced in automotive lawsuits, to accompany you and help you deal with the Union Motors lawyers.

Lawsuit against Union Motors after purchasing a new vehicle

Toyota vehicles are expensive compared to their competitors, and are considered very reliable vehicles, but as always, there are exceptions. As with any other vehicle, new Toyota vehicles may have defects, some of which not only affect the driving experience, but also prevent driving altogether.

In these cases, it is necessary to examine whether this is a one-time fault or a recurring fault. If it is a one-time fault that has been repaired, you will generally not be able to win a lawsuit against Union Motors, because the assumption is that any vehicle, even a completely new vehicle, may be found to have a fault, and according to the warranty certificate, Union Motors is not obligated to replace it with a new vehicle. In other words, if your goal is to get a new vehicle, there will be no escape from filing a lawsuit in court.

On the other hand, if it is a recurring problem that requires you to go to the garage again and again, and yet the problem is not resolved, this is a case that may definitely be suitable for filing a lawsuit against Union Motors. Sometimes in these cases you can file a claim even months after receiving the vehicle, or even after more than a year.

Another detail that needs to be examined and taken into account is how long it takes to repair the vehicle. It may be that this is the first fault with your new vehicle, but Union Motors is unable to fix the fault, and the vehicle has to stay in the garage for a very long time. In these cases, the customer is caused Mental anguish Raba, loss of enjoyment from not using a new vehicle, the new vehicle loses its value (especially in the first few months, the value of the vehicle decreases significantly every month), and sometimes the customer is forced to rent a replacement vehicle at his own expense for daily use. In these cases, too, it is possible to consider filing a claim against Union Motors.

A combination of the two issues: 1. Recurring faults; 2. Long periods of time for vehicle repairs, will only increase the chances of success of a lawsuit against Union Motors.

Keep in mind that the court is not an expert in technical matters, so in most cases, to win a lawsuit against Union Motors, you will have to file Expert opinionThe purpose of this opinion is to detail to the court exactly what the defects in the vehicle are, how they affect the driving or safety of the vehicle, whether the defects can/cannot be repaired, how these defects affect the value of the vehicle, and more. An expert opinion should of course be written by someone who is an expert in Toyota vehicles, and not just any mechanic you contact.

Lawsuit against Union Motors after purchasing a used vehicle

Union Motors also sells used vehicles under the Toyota Select brand:

כפי שניתן לראות מהפרסומת, יוניון מוטורס מדגישה שהיא מספקת אחריות יבואן רשמית, הרכבים עוברים מעל 150 בדיקות איכות קפדניות, ולפי הפרסומת מדובר ברכישת רכב משומש "כמו חדש….באחריות".

המוניטין של רכבי טויוטה בשילוב העובדה שרכישת רכב יד שניה מבוצעת מה"אמא ואבא" של מותג טויוטה בישראל, או לפחות בקשר הדוק אליו, מובילה רבים לרכוש רכבי יד שניה דווקא מיוניון מוטורס או מחברות אחרות אשר פועלות במשותף עם יוניון מוטורס תחת המותג Toyota Select.

However, purchasing from a company operating under the Toyoya Select brand is not always risk-free. Sometimes you will find that you are sold a vehicle with defects or, even worse, a vehicle that has been in an accident without this being revealed to you at the time of purchase.

In these cases you will have to submit Claim ולדרוש סעד ראוי מבית המשפט. מקרה שכזה נדון במסגרת תביעה בבית המשפט בפתח תקווה – ת"ק 5740-05-23 שרה אביגיל ארליך נ' פרס רכב השפלה.

In that case it was determined as follows:

התביעה היא בגין הסתרת פרטים והצגת מצג כוזב ע"י הנתבעת בעת מכירת Toyota car used To the plaintiff in 2018.

The plaintiff testified that she contacted the defendant's trade-in department, whose representative presented As a branch of Toyota Select, when according to the publication, the plaintiff contacted the defendant, Only Toyota vehicles are sold there. No accidents with Shield damage And that they have undergone strict quality checksThe defendant's representative told the plaintiff that the vehicle in question was even Better than other Toyota Select vehicles, שכן הוא עדיין באחריות היצרן. בהסכם המכר נכתב בהקשר זה כי "הרכב נמכר עם אחריות יצרן, ללא אחריות סלקט". התובעת הסבירה כי מעולם לא נאמר לה שאין מדובר ברכב העונה לקריטריונים של טויוטה סלקט, אלא להפך, נאמר לה כי היו לו רק כמה שריטות חיצוניות. עדות התובעת היתה מהימנה עלי.

The plaintiff offered the vehicle for sale in 2021, but when the buyer took the vehicle for inspection, it turned out that The vehicle was in a serious accident. In 2016, when it was announced asLegal loss The damage was 51% of the vehicle's value, and there was damage to the front body beams and engine compartment structure. An appraiser's opinion was presented.

The defendant claims that the relevant details about the condition of the vehicle were disclosed to the plaintiff at the time of the sale, and she and/or her husband signed the Disclosure Form, בו צויינו הליקויים והתאונות שעבר הרכב. בטופס הגילוי הנאות עליו הוחתמו התובעת ובעלה, נכתב כי לרכב היו פגיעות והחלפות חלקי פח, פגיעות שונות בקורות וחיבורים פח אחורי וחזית".

התרשמתי כי הוצג לתובעת מצג מילולי מטעה ע"י נציג הנתבעת, לפיו הרכב עונה לקריטריונים של רכבי "Toyota Select", ולא גולה לה כי מדובר ברכב שעבר תאונה קשה בה הוכרז כאובדן להלכה עם פגיעת שילדה ומבנה תא engine.

However, there is contributory negligence on the part of the plaintiff and her husband, who did not review the due disclosure form and signed it without paying attention to the details that appear in it regarding the damage to the beams.

Considering these data, I order the defendant to compensate the plaintiff in the amount of 10,000 NIS.

Also a fee, as well as legal costs of 500 NIS.

The amount will be paid within 30 days.

It is important to note that in this case, the lawsuit was not filed against Union Motors, but against another company. If another company presents itself as selling a Toyota Select vehicle, the lawsuit must be filed against it. Sometimes it is necessary to file Lawsuit against a car dealer Who actually made the sale (the person themselves and not a company).

What remedies can be sought in a lawsuit against Union Motors?

As part of a lawsuit against Union Motors, you can generally claim three remedies:

1. Canceling a new car transaction or Canceling a used car transaction Or replacing the vehicle with a new vehicle – depending on the plaintiff's wishes and the circumstances of the case.
2. Monetary compensation – intended to compensate the client for financial damages. and non-financial incurred by the customer.
3. Reimbursement of legal expenses – the goal is that the client does not lose out from the legal proceedings (issue of Legal expenses It is at the sole discretion of the judge and the judge can order full reimbursement of legal costs, partial reimbursement or no reimbursement at all).

ברובם המוחלט של המקרים תביעות מסוג זה אינן יכולות להתברר במסגרת בית משפט לתביעות קטנות, משום שבית משפט זה מוגבל לתביעות של כ-38.9 אלף ש"ח בלבד, אלא תצטרכו להגיש Lawsuit in the Magistrate's Court.

The procedure in the Magistrate's Court is not short, so keep in mind that handling a lawsuit against Union Motors in the Magistrate's Court may well take over a year.

In cases where you are considering filing Class action lawsuit Against Union Motors – such a proceeding will usually be heard in the district court, and can easily last for several years.

The difficulty of managing a lawsuit against Union Motors

The reason it's so difficult to sue Union Motors, or any other car importer, is because there are huge information gaps between the company and the customer. The company knows everything about your car, especially what problems it has, how it was fixed (and whether it was fixed), and whether the car has manufacturer defects that you're not even aware of.

For this reason, in order to succeed in a lawsuit against Union Motors, you need to prepare well and collect a lot of data, such as treatment history, inquiries to the company and the responses you received, call recordings, WhatsApp correspondence, and anything else that can help you prove your claims.

As I already mentioned, since these are technical matters, in a significant number of cases you will need an expert opinion.

If you do manage to collect all this data, your starting point will be much better, and your chances of succeeding in a lawsuit against Union Motors will be much higher.

In conclusion

A lawsuit can be filed against Union Motors for the sale of a new or used Toyota vehicle.

The most common cases in which a lawsuit is filed against Union Motors are when a new vehicle is sold with defects or when an exceptionally long period of time is required to repair a new vehicle.

In cases where you are sold a Toyota vehicle under the Toyota Select brand, do not be impressed by the promises and take the vehicle for inspection at a vehicle inspection institute, check the vehicle's maintenance history, and also check the vehicle's insurance history to see if the vehicle has been declared a total loss by insurance companies in the past.

As part of a lawsuit against Union Motors, several remedies can be sought, including cancellation/replacement of the transaction, financial compensation, and reimbursement of legal expenses.

Managing a lawsuit against Union Motors is not a short pleasure, but these lawsuits often last for over a year.

Frequently Asked Questions Regarding a Lawsuit Against Union Motors