Filing a claim regarding the repair of a new vehicle with the assistance of attorney Eddie Blitstein
Attorney Eddie Blitstein has filed countless lawsuits regarding new vehicle repairs and demands to cancel the transactions in such situations, or to replace the vehicle with a new vehicle. Over the years, Attorney Blitstein has accumulated in the field Lawsuits against car importers Experience and expertise that other lawyers simply do not have.
Attorney Eddie Blitstein has achieved many victories against the largest car importers in Israel. Attorney Blitstein can also help you achieve such a result:
If you need it Professional legal assistance In this area, you are invited to contact Attorney Eddie Blitstein by phone.
New car repair – the problems from the customer’s perspective
Repairing a new car is a particularly annoying issue for the car owner because one of the assumptions when purchasing a new car is that the car owner will not have to go to the garage due to defects or deficiencies in the car - something that is very common after purchasing a used car.
Buying a new car involves a high financial cost, which can easily reach hundreds of thousands of shekels. Generally, the more expensive the car, the more the owner incurs Mental anguish More so when the defect or defect in the vehicle is discovered and the vehicle needs to be transported to a garage for repair.
Another problem that may arise after it turns out that you received a damaged new vehicle is that the garage cannot accept you immediately due to heavy traffic, and you will have to schedule an appointment for several more days, and in the meantime your new vehicle will be disabled and you will not be able to use it.
This problem may worsen for the car owner if it turns out that in order to repair the car, it must be left in the garage for several days or even for a longer period of time.
במקרים אלה תיקון רכב חדש מוביל לתוצאה אבסורדית במסגרתה בעל הרכב החדש "נדפק" מכל הכיוונים: הוא גם שילם ליבואן הרכב סכום כסף בלתי מבוטל, בעל הרכב קיבל רכב חדש פגום (כלומר, לא את מה שהוא ציפה לקבל תמורת כספו), בעל הרכב יאלץ לבזבז זמן כדי לתקן את הרכב (ולא תמיד ידוע כמה זמן יקח לתקן את הרכב), ונגרמת לבעל הרכב עוגמת נפש קשה.
This article will clarify your rights and in which cases repairing a new vehicle may even lead to a situation where the transaction is canceled or the vehicle is replaced.
How long does it take to repair a new car?
One of the parameters that needs to be taken into account is the period of time that passed from the date you received the new vehicle until it turned out that you received a damaged new vehicle and had to take it to the garage.
The longer the period of time that has passed from the date of actual receipt of the new vehicle to the date of discovery of the fault, the smaller the chances of receiving a replacement. Canceling a new car deal And you may have to allow the garage to repair the vehicle.
However, as long as your vehicle is within the warranty period, it is always a good idea to consult with an automotive lawyer when discovering a defect in a new vehicle to understand whether there is a chance of your request to cancel the transaction or to replace the vehicle with an alternative or new vehicle. Some of the cases in which this may be possible will be detailed below.
Type of fault in the garden New car repair required
Repairing a new car due to a radio malfunction is not the same as repairing a new car due to a safety system problem. While the first case may not be a particularly serious one, a problem with the vehicle's safety systems may pose a safety risk and the owner of the car will not agree to use it at all until the malfunction is repaired.
A rule of thumb in these cases is that the more serious the fault, the more likely it is that instead of repairing a new vehicle, you should demand a cancellation of the transaction or a replacement vehicle.
This was the case in one of the cases that came to our office. A client purchased a new vehicle from an importer. Zicker CompanyShortly after receiving the vehicle and while driving, a metal part that connects the vehicle wheel to the vehicle chassis broke. The customer did not agree to repair the vehicle, contacted our office, and after lengthy negotiations, the importer agreed to cancel the transaction and refund the customer his money, but did not agree to compensate him. Under these circumstances, a claim was filed Lawsuit against Zicker importer In order to receive the compensation due to the customer.
How long does it take to repair the vehicle after it arrives at the garage?
Repairs to a vehicle that is within the warranty period should usually be completed within 7 business days. In exceptional cases, the vehicle importer will be allowed to repair the vehicle within 45 business days – these are cases such as war situations where the vehicle importer will prove in court that he did his best to repair the vehicle but was prevented from doing so due to circumstances beyond his control.
In many cases, car importers and their garages do not strictly adhere to the provisions of the law and do not Repair the vehicle within 7 working daysSometimes the behavior of garages reaches absurdity and they inform the customer that they do not have a relevant spare part in stock and they do not even know when that spare part, which is needed to repair a new vehicle, will arrive in stock. In extreme cases, customers are forced to wait months while their vehicle is idled in the garage.
במקרה קיצוני שהגיע לטיפול משרדנו לקוח הכניס את רכבו החשמלי לתיקון במוסך חברת קרסו. הרכב לא תוקן במשך למעלה משישה חודשים משום שהחלק הרלוונטי לא הגיע מחו"ל. באופן לא מפתיע מיד לאחר הגשת Lawsuit against Caraso Motors The vehicle has been repaired. You can find another example of this on the website. Lawsuit against Carso Motors for repairing a vehicle for a very long time Which may help you understand how to take action against vehicle importers in similar cases.
In cases of this type, the customer must demand cancellation of the transaction or replacement of the vehicle while the vehicle is still in the garage, and before it is actually repaired.
Many different defects in a new car
A new vehicle should not suffer from many different defects. When repairing a new vehicle for the first time, the customer certainly does not expect to encounter another defect or defects, and certainly not shortly after receiving the vehicle after the first repair.
In practice, many new vehicles suffer from numerous malfunctions and importers simply expect customers to allow them to continue repairing the vehicle over and over again.
The customer should know that he does not have to agree to repeated repairs to the vehicle, especially when it comes to repeated repairs that occur very shortly after receiving the vehicle or in very short periods of time after the previous repair.
Various defects may indicate manufacturing defects, and a defect that recurs in the vehicle over and over again after repair may indicate that the importer or the garage on its behalf simply does not know how to repair the vehicle.
Either way, the vehicle owner needs to know that he does not have to agree to repairs over and over again, and he May demand the replacement of the vehicle with a new one or cancel the transaction.
In the vast majority of cases, it will be necessary to file a lawsuit in court in order for the court to order the company to replace the vehicle or cancel the deal, because the company will not agree to do so voluntarily.
Proper conduct with the vehicle importer or garage
Repairing a new vehicle always requires documentation and registration at the garage. The garage does not always bother to record every entry or visit to the garage, and this may be a problem if you eventually consider filing a lawsuit, because if you claim in court that you contacted the garage for example ten times, the garage may present a treatment history that only shows three visits. For this reason, you should make sure at each visit to the garage that your vehicle's treatment history correctly reflects your complaint, and that it details exactly what was done to treat/repair the defect.
As the owner of the vehicle, you are also entitled to receive a copy of the maintenance history. Occasionally, garages refuse, for one reason or another, to provide the maintenance history, but don't give up and simply refer them to Section 2(a) of theUsed Car Sales Law Which states as follows:
Anyone who purchased a used vehicle is entitled to receive from any garage where the vehicle was repaired or serviced, and from any insurer that insured the vehicle, any information they have about the vehicle.
על מנת שלא להסתמך רק על תיעודי המוסך מומלץ גם לפנות בכתב באמצעות דוא"ל או וואטסאפ ולהלין על הפגם. כך בשעת הצורך תוכלו להציג את התיעודים שלכם ולהשוות להיסטוריית הטיפולים של המוסך.
Court rulings that can help you deal with car importers
ת"א 18449/99 שמואל מור נ' דוד לובינסקי בע"מ:
"אין ספק, כי הקונה רכב חדש זכאי לכך שיהא תקין ותואם למצבו של רכב חדש, וכי כל תקלה שאינה נגרמת באשמו וברשלנותו תתוקן בתוך תקופת האחריות ע"י החברה המוכרת, וכי בגין A material defect that cannot be repaired and that is not caused by the fault or negligence of the buyer - the buyer is entitled to receive a new replacement vehicle or to be given a notice of cancellation of the transaction - due to a fundamental incompatibility – הניתנת על ידו מייד עם התגלות הליקוי המהותי האמור, או תוך זמן סביר מהתגלותו, וכאשר הליקוי אינו מטופל ע"י החברה המוכרת."
ת"א 19906-02-13 Brom 58 Import and Marketing Agencies v. Alon Truck Garages (1992):
"I do not believe that the 3rd defendant has proven that the truck was repaired within a reasonable time. Therefore, the plaintiff has the right to cancel the agreement due to non-conformity.Likewise, even if the claim were accepted that an agreement was proven between the parties regarding the repair of the truck by Defendant 3, during which the plaintiff would use a replacement truck, The plaintiff could still have canceled the purchase agreement, as the defendant exceeded the reasonable time to repair the truck.."
In conclusion
Repairing a new vehicle is an unpleasant experience for the vehicle owner who invested a significant amount of money in purchasing the vehicle, and expected that after purchasing the new vehicle, he would not have to go to the garage, certainly not shortly after receiving the vehicle.
While the garage or car importers expect the customer to allow them to repair the new vehicle over and over again, the customer should know that he does not have to agree with you, especially since the provisions of the law explicitly refer to the possibility of replacing the vehicle within the warranty period.
A customer may generally demand cancellation of a transaction or replacement of the vehicle if a serious defect is discovered in his vehicle shortly after receiving it, or if the garage is unable to repair the vehicle because there are no spare parts and it is unknown when they will arrive in Israel, or if the new vehicle suffers from many different defects within a short period of time.
