Car damage lawyer – when can he help you receive financial compensation?

A car damage lawyer is a lawyer who specializes in the automotive field who can assist you in various cases relevant to your vehicle. The more expensive your vehicle is, the more likely you are to consider contacting a car damage lawyer when your vehicle has been damaged, or when you have caused damage to another person's vehicle.

The services of a car damage lawyer after purchasing a car from a private individual or a car dealer

Our office receives many inquiries from people who have purchased or sold a new or used vehicle and need the services of a car damage lawyer following a hidden fault discovered in the vehicle or after Purchasing a truck, or another defect that prevents the use of the vehicle or significantly reduces its value. In these situations, it is useful to distinguish between different situations in order to understand how best to act.

Damage to the vehicle after purchasing a new vehicle from a car dealership

These cases can be particularly frustrating because they are new vehicles that cost a lot of money. Sometimes customers discover a hidden fault or defect or a discrepancy between what they ordered and what they actually received. When it comes to a new vehicle, the customer is Mental anguish Very high, especially given the fact that the car dealership is not always quick to take responsibility, and will never agree to exchange the vehicle for a new one, without submitting a claim. Civil lawsuit.

Car damage lawyer or Automotive Lawyer can help the client understand what their legal rights are in such cases, and whether there is a need to file a claim immediately. A car damage lawyer will explain to you that there is no point in abandoning the new vehicle at the car dealership's offices (as many do and tend to think, without justification, that they have thereby obtained a cancellation of the transaction).

Usually, before filing a lawsuit, my recommendation is to try and negotiate. short with the car dealership in order to reach an agreed-upon solution. The reason for this is simple: filing a lawsuit involves investing quite a bit of money (court fees, attorney fees, expert opinions, if necessary) and quite a bit of time (a lawsuit against a car dealership may take more than a year).

It is best to conduct the negotiations in writing for the purpose of documentation. If after a short period of time no solution is reached, you will have no choice but to file a lawsuit against that car dealership. The same advice is relevant both for those who negotiate with the car dealership themselves and for those who negotiate with the car dealership through an auto damage lawyer on their behalf.

Sometimes, in order to increase the chances of success, a car damage lawyer will advise you to hire an appraiser or other automotive expert to obtain an expert opinion on his behalf, which will clarify exactly what the damage to the vehicle is.

If it is a new vehicle that has to visit garages time and again, it is very worthwhile to include the following in the text: The statement of claim The vehicle's maintenance history. There is court ruling that makes it clear that there is no reason for a new vehicle to visit the garage repeatedly. A person buys a new vehicle in order to avoid frequent visits to the garage.

כך נקבע לדוגמה בת"א 2449/07 Shlomo Angel N. Champion Motors (ישראל) בע"מ (Judgment dated June 9, 2011):

One of the goals of purchasing a new vehicle is to avoid frequent garage services, except as required by the manufacturer's instructions. This is a reasonable and legitimate expectation of a vehicle purchaser and deserves legal protection. (See also Cell (Y-M) 9670/00) Miller v. Union Motors בע"מ, [פורסם בנבו] כב' הש' ד"ר אגמון-גונן מיום 10/11/05).

…

A person who purchases a new vehicle does so, among other things, in order to drive safely without needing frequent visits to the garage for repairs, certainly in the first year of the vehicle's life.

…...The plaintiff was indeed caused significant emotional distress and I set the compensation for emotional distress at a total of NIS 50,000 as of the date the claim was filed."

באופן דומה נקבע גם בת"א 9670/00 יהודה יואל מילר נ' יוניון מוטורס בע"מ (Judgment dated November 10, 2005):

It should be noted that this is a new vehicle, and it is precisely this behavior, of frequent visits to the garage, that a person purchasing a new vehicle seeks to avoid. This legitimate hope and expectation did not succeed.
…
If Union Motors had taken responsibility for a new vehicle in which new serious faults were discovered frequently, and had replaced the vehicle for the plaintiff at the time, the whole matter would have been avoided.
…
In light of the above, I determine the amount of compensation for emotional distress, for which the defendant is liable to the plaintiff, at NIS 50,000. 

These and other rulings are an excellent example of the contributions of a car damage lawyer to increasing the chances of success in the lawsuit. Without a car damage lawyer, you will not be able to present additional relevant precedents in court, which clarify what the appropriate compensation may be in the case relevant to you.

Damage to the vehicle after purchase from a car dealer who sells used vehicles

A car damage lawyer will explain to you that dealing with car dealers who sell used cars is slightly different from dealing with car dealerships that sell new cars.

A significant portion of the complaints that arise after purchasing a used vehicle are that it was purchased A vehicle that has been in a serious accident, sometimes even an accident that led to Damage to the vehicle chassis, or even that it is a vehicle that has been defined Legally lost vehicleIn other cases it is For faults discovered immediately after purchasing the vehicle (For example, engine or transmission faults) whose repair costs are very high and significantly reduce the value of the vehicle in relation to its purchase price. In many other cases, it is discovered after the purchase that Vehicle mileage falsification And it was significantly reduced in order to misrepresent to the buyer that the vehicle is in better condition. All of these defects (and others) are of course not detailed to the buyer before the purchase is made.

Before you contact a car damage lawyer, prepare all the documents relevant to the transaction in advance. For example: the ad in which the buyer presented the vehicle and detailed its features, the agreement to purchase the vehicle, the vehicle's maintenance history (if provided to you), and any other relevant documents.

Another important document that a used car dealer should give you is Disclosure FormIn this form, the car dealer must provide essential details about the vehicle he is selling to you, including whether the vehicle has been in an accident. If the car dealer did not provide you with this form, and it turns out that there were defects in the vehicle, a car damage lawyer will be able to reach a conclusion in most cases. Canceling a used car transaction.

It is important to understand that you submitted Lawsuit against used car dealers איננה דבר פשוט. בחלק גדול מהמקרים מדובר באנשים שפשוט מתמחים בלמכור "חתול בשק", ויודעים כיצד לעשות זאת נכון כדי למזער את הסיכונים המשפטיים שלהם. מסיבה זו חשוב מאוד ליצור קשר עם עורך דין נזקי רכב מנוסה לצורך הגשת תביעה וליווי משפטי מקצועי.

For your reference, an example For a ruling in which our firm's client won a lawsuit against a car dealer.

Damage to the vehicle after purchase from a private individual

Even private individuals do not always disclose to buyers the exact mechanical condition of the vehicle. For this reason, it is important to sign a Vehicle sales agreement Whenever you sell/buy a car, it is important to take the car for inspection at a vehicle inspection center. Saving on the cost of inspecting the car before purchasing it may lead to you having to hire the services of a car damage lawyer at a later stage and paying him much more to handle your claim.

Even in this case, it is worth preparing all the documents before contacting a car damage lawyer, and especially trying to locate recordings of calls or WhatsApp correspondence in which the seller explains to you that the vehicle is accident-free or in excellent condition.

If the seller gave you any verbal commitment regarding the condition of the vehicle, try to find out if you also have this commitment in writing.

Lawsuit against a vehicle inspection institute

A car damage lawyer can also assist you in filing a claim. Lawsuit against a vehicle inspection instituteThe purpose of vehicle inspection centers is to examine the external and mechanical condition of the vehicle in order to detect significant defects in the vehicle, such as accidents.

Sometimes the vehicle inspector is negligent in his duty and does not detect any defect even though it is obvious, and another skilled inspector would have discovered the defect. The problem with the negligence of such an inspector is that he provides the buyer with incorrect information (sometimes intentionally because he has a connection to the seller), and on the basis of this incorrect information the buyer makes the purchase.

In cases like this, a car damage lawyer can file a lawsuit on your behalf not only against the seller who concealed material details from you, but also against a vehicle inspection institute that was negligent in its duties. Before filing a lawsuit in these cases, a car damage lawyer will check whether the institute has excluded certain tests in advance on the inspection form. These exclusions usually appear at the bottom of the inspection form and can be very important in making a decision whether to file a lawsuit against the institute or not.

Lawsuit against a garage that caused damage to a vehicle

A car damage lawyer can also help you in these cases. In these situations, it is important to understand exactly what damage was caused to the vehicle, and what the cost of the repair is. If the damage is particularly significant, it is very worthwhile to hire an appraiser to obtain a detailed opinion detailing the damage caused to the vehicle, and the cost of the repair.

Sometimes garages that have caused damage to a vehicle will offer you their services to repair the damage. It is best to avoid accepting this offer and take the vehicle to another garage for repair. In addition to the fact that there is already a lack of trust, in such a situation the garage could repair the vehicle improperly without you knowing about it. It is always a good idea to consult with a car damage lawyer in these cases in order to make an informed decision.

Claim against insurance company for refusal to pay for vehicle damage

Claim against an insurance company It is usually filed by a car damage lawyer in two situations. The first situation is when the insurance company insured another person who caused damage to your vehicle, and for some reason the insurance company refuses to compensate you.

The second situation is when it is your insurance company, and in this situation too, it refuses to pay you the insurance benefits in accordance with the insurance policy.

In the first case, a car damage lawyer will file a lawsuit against the owner of the vehicle that caused damage to your vehicle. Usually, after filing the lawsuit, the insurance company will announce that it is stepping into the shoes of its insured, and if any compensation is awarded, it will be the one to pay the compensation.

In the second case, a car damage lawyer will file a claim directly against the insurance company, claiming that it is not acting in accordance with the insurance policy.

In conclusion

A car damage lawyer can assist you in many cases relevant to dealing with damage caused to your vehicle by a third party. The treatment in each case is not the same, and therefore a car damage lawyer will first meet with you and review the documents in your possession. A car damage lawyer may recommend that you hire an appraiser for an expert opinion. Such an opinion may significantly increase the chances of success in the claim.

It is very important not to delay and contact a motor vehicle injury lawyer as soon as possible after discovering the defect or damage to your vehicle. As time passes, there may be greater legal difficulty in handling your case.

Frequently Asked Questions About a Car Damage Lawyer