For anyone who has ever bought a new car, it may surprise you to know that even new cars can have hidden defects. Brand spanking new cars come off of the dealer delivery transporters with mechanical and other problems. These cars all go to the dealer mechanic shop , as a matter of course, for a standard once over, before they are put out onto the dealer’s lot for sale.
While in the shop, the mechanic will do a check of all of the car’s mechanical properties. It will know what to look for and will carefully go over each system in the car to make sure that it is working properly. The shop will undoubtedly have specially certified mechanics, who are trained to work on the specific make and model of car being reviewed. These mechanics spend hours taking continuing education courses and have experience working on these cars at car dealerships. They know what to expect, have the tools and parts at their disposal, and are usually prepared to fix any problems that arise with the car before it goes out to be put on the lot for sale.
But what would happen if a mechanic missed a mechanical problem that resulted into an accident for the driver? Who would be responsible for the loss? The answer to this question will depend on several factors. It might matter about the nature of the defect, and whether the source of the defect came from the manufacturer or not. If a defect originated with a car manufacturer, and a mechanic missed it, then the manufacturer and the dealer jointly may be liable for allowing a car to be sold to a customer. If the defect came from the manufacturer, and the car dealership was notified of the defect by a voluntary recall on all new cars, then the dealership will be responsible for catching any problems with the new car. If the dealership is told of a recall after the cars for that model year are all sold, and the cars come back in at the request of the manufacturer, then the manufacturer and the car dealership will possibly share liability. In fact, there are several people along this chain of responsibility, who may shoulder liability for the resulting loss of a car accident because of the named defect with the vehicle.
The customer may not have liability for a resulting loss on a defective vehicle. This is true especially if the customer had no knowledge of the defect before the accident. There may be certain liability that will apply that might make the manufacturer wholly liable for losses resulting from a defect. The car dealership and the mechanic may be contributors for any losses as well. Whether the car manufacturer or the car dealership will be held strictly liable for a loss that occurs because of a defect, will be determined at law.
These issues are confusing and difficult to decipher. If this has happened to you, you need an expert to sort this through and explain your rights. You need to call Ledger & Associates at 1-800-300-0001 or email us at www.ledgerlaw.com for answers to your questions. We understand the applicable laws and are ready to take your call now for an evaluation of your situation.
