Lawsuit against Tesla – What to do if the company delivers a vehicle with defects?

לאחרונה פונים למשרדנו פונים רבים ומתעניינים בהגשת תביעה נגד טסלה מכיוון שטסלה מספקת רכבים עם פגמים או שמתגלים פגמים זמן קצר מאוד לאחר קבלת הרכב (לעיתים ממש אחרי ימים ספורים או אחרי 100-200 ק"מ שהרכב נסע).

All inquiries tell the same story over and over again. Customers purchase an expensive Tesla vehicle with the best of their money, receive the vehicle, drive it for a short time, a malfunction is discovered, the vehicle is taken to the garage, and then it turns out that the garage does not have the relevant spare part, and the customer is forced to wait a very long time (sometimes several months) until Tesla is kind enough to import the relevant spare part and carry out the repair.

From all those inquiries it appears that Tesla is avoiding paying compensation and is not even agreeing to carry out Canceling a vehicle purchase transaction claiming that all it has to do is provide the customer with a replacement vehicle. It is important for Tesla customers to know that this conduct may constitute good grounds for filing a lawsuit against Tesla, and it is very possible that not only Financial claim or Civil lawsuit, but even Class action lawsuit.

Attorney Eddie Blitstein has been representing plaintiffs in the legal field for over a decade. Lawsuits against car importersNeed professional legal advice? Contact our office.

Lawsuit against Tesla for failure to make a repair within a reasonable period of time

Every company that sells products in Israel is obligated to act in accordance with Israeli law. The claim Tesla According to which it is not obliged to compensate customers for a significant delay in repairing the vehicle, it does not comply with the provisions of the law and there is apparently no reason not to file a lawsuit against Tesla and demand appropriate compensation for this. Electric vehicle malfunctions.

התקנות המסדירות את משך הזמן המקסימלי לתיקון מוצר חשמלי כגון רכב הן תקנות הגנת הצרכן (אחריות ושירות לאחר מכירה), תשס"ו-2006. תקנות אלה מגדירות על אלה מוצרים הן חלות:

"טובין" – מוצרי חשמל, אלקטרוניקה וגז חדשים, לרבות מנגנונים מכניים וחשמליים ברהיטים, ובלבד שמחיר הטובין לצרכן גבוה מ-150 שקלים חדשים;

There is no dispute that a Tesla vehicle is a new electric or electronic product. There is also no dispute that a Tesla vehicle costs much more than 150 shekels. For this reason, there is no difficulty in arguing that these regulations also apply to Tesla vehicles.

Regulation 10 of these regulations sets the deadlines for carrying out the required repair. Violation of these deadlines allows for filing a lawsuit against Tesla. This regulation states as follows:

(A) A manufacturer shall fulfill his obligation to repair goods in accordance with these regulations no later than one week from the date on which he is called upon to do so. or from the end of ten days from the date the goods were delivered to the service station, as the case may be; If the goods are delivered to the point of sale in accordance with Regulation 9(b), the manufacturer will fulfill its obligation to repair the goods no later than two weeks from the date on which the goods were delivered.

(on) A person obligated to repair the goods under Regulation 19 shall fulfill his obligation within a period of three weeks from the date he was called upon to do so or from the date the goods were delivered to the point of sale, as the case may be.

(third) Notwithstanding the provisions of Sub-regulation (a), some of the goods specified in Column A of the Second Schedule shall be repaired within the period of time specified in Column B next to them, provided that the deterioration prevents the primary use for which those goods are intended.

(d) Sabbaths and holidays shall not be included in the periods specified in this section or in the second appendix..

That is, according to these provisions, a lawsuit can be filed against Tesla if the company does not repair the vehicle within, at most, two weeks from the date of delivery of the vehicle (Saturdays and holidays are not taken into account).

שימו לב שבכתב האחריות של טסלה היא איננה מציינת תוך כמה זמן היא מתחייבת לתקן את הרכב, אלא היא דורשת לאפשר לה לתקן את הרכב תוך "זמן סביר". מדובר בהגדרה עמומה מאוד אך ספיק אם בית המשפט יראה ביותר משבועיים פרק זמן סביר, במיוחד כאשר מדובר ברכב יוקרה.

What can be demanded in a lawsuit against Tesla?

Transaction cancellation

One of the remedies that can be sought in a lawsuit against Tesla is Transaction cancellationA person who purchases a new vehicle, especially a luxury vehicle, should not have to wait a long time for the vehicle to be repaired. In addition, in these situations, Mental anguish It is a great loss for the car owner, as he also loses money because with each passing month the car loses value.

Replacing the vehicle with a new one

Another claim that can be made in a lawsuit against Tesla is to replace the vehicle with a new one. This remedy is intended for those people who wish to continue using their Tesla, but not a new vehicle that must be brought to the garage within a short period of time and remain there for a long period of time.

Financial compensation

As part of a lawsuit against Tesla, you can also demand monetary compensation. This remedy can also be combined with the previous remedies (i.e., with a demand to cancel the transaction or replace the vehicle with a new one).

The amount of financial compensation that can be claimed in a lawsuit against Tesla depends on a number of variables. For example: how long the vehicle was in the Tesla garage and not repaired (the decrease in value caused to the vehicle during this period must also be examined), whether the damage was ultimately repaired or not, how many times the vehicle had to be taken to the garage, whether the vehicle owner suffered any financial damages (if so, they must be quantified precisely and receipts must be presented). A section for emotional distress will be added to this.

Tesla's warranty is an exception and states that it cannot be sued for indirect damages and/or emotional distress and/or many other damages, but in a lawsuit this will be considered Prejudicial terms in a uniform contract. כך לדוגמה נפסק בת"ק 33795-01-22 וינר נ' טסלה מוטורס ישראל בע"מ (פסק דין מיום 9.6.2022):

As for the plaintiff's indirect damages; since it is undisputed that the plaintiff was required to go three times to service centers and garages authorized by the defendant, which are far from his home, at the expense of his personal time, including work time, while investing significant resources, I have come to the conclusion that the defendant must compensate the plaintiff for the loss of time and mental anguish. In making this determination, I have considered, inter alia, the fact that this is a new vehicle, purchased from the defendant at a significant financial cost. A person who chooses to purchase a new vehicle does not expect – and should not expect – that in the first few months after receiving the vehicle, he will be required to have the vehicle serviced at garages due to various vehicle malfunctions, and this is all the more true when it is a luxury vehicle as in our case. In my opinion, there is no evidence that these are defects that can be repaired, since the plaintiff did not petition to cancel the transaction, but rather to receive compensation for his indirect damages.

Moreover; the defendant confirmed that it runs one service center in the center of the country, and that it was not possible to handle the defects at other garages near the plaintiff's home. In addition, the defendant does not provide transportation and transportation services for the vehicle to the service center or garage, and the plaintiff was forced to do so himself and at his own expense. This is not a defect that was resolved in one day, but rather, as stated, in three days of treatment that the defendant required to treat the vehicle. The plaintiff testified that he was forced to wait on each of the treatment days until the vehicle was finished being treated, as he had no way to return home and to his other activities, due, among other things, to the distance between the service centers and garages to which he was asked to bring his vehicle from his home.I will clarify that the plaintiff's testimony left a credible impression on me and was not concealed by the defendant.

I did not ignore the clause in the warranty document that denies the defendant's liability for indirect damages, but I did not see the claim acceptable. The defendant's representative confirmed that the warranty was drafted by the defendant, certainly without the plaintiff's involvement, and therefore it is a disadvantageous condition in a uniform contract, while the defendant has not proven that the warranty was approved by the Uniform Contracts Court. In addition, it can be assumed that the warranty was given to the plaintiff upon receipt of the vehicle and not in advance, so that the warranty was not approved by the plaintiff, and the plaintiff could not have agreed to it or approved it in advance. Even the defendant's representative's argument at the hearing that a person who does not agree to the terms of the warranty is not obliged to purchase a Tesla vehicle did not leave a positive impression on the court - and it would have been better if it had not been raised.

In conclusion

You can file a claim against Tesla if you received a damaged vehicle and you are forced to repeatedly go to the garage or in the event that you are required to leave the vehicle in the garage for a very long period of time.

בתי המשפט לא יראו טענות הגנה כגון: "לא מגיע ללקוח פיצוי כי סיפקנו לו רכב חלופי" באור חיובי.

Before filing a claim against Tesla, make sure you have all the relevant documents or records. For example: how many times you went to the garage, what problems you went to the garage for, how long your Tesla was in the garage, your inquiries to the service representatives to understand how long it will take for the vehicle to be repaired, the warranty certificate you received with the vehicle, and any other documents relevant to the purchase of the vehicle.

After collecting the documents, you must contact Automotive Lawyer.

Frequently Asked Questions Regarding a Lawsuit Against Tesla