Fight for your rights as a victim of car defect accident with ‘Car Defect Injury Claim’

Sometimes when an accident occurs there is actually no one to blame except for the manufacturers of the motor vehicle that is called Car Defect Injury Claim. The goal of this claim is to establish a vehicle manufacturer or seller's liability for a car defect. It is not important at which stage was the defect in designing, assembling, or handling a motor vehicle, a claim can be made if three of the following conditions exist:

 

1.  The first condition is and "unreasonably dangerous" defect in vehicle or one of its components that caused injury. The defect can be either in the design of the vehicle, could be made during manufacture or during handling or shipment. Also failure to provide information about a dangerous aspect of the vehicle to a customer is considered to be a cause for a Car Defect Injury claim.

2. The injury was caused by the defect while the vehicle was used in a way that it was intended to be. Even if a defect is present a claim can not be made if the vehicle was used in some unusual way.

3. If the vehicle was not "Substantially" changed after it was bought. "Substantially" changed means that the way how the vehicle performs was affected.

 

If all the three conditions are present the manufacturer or seller can be sued for a Car Defect, but remember that the companies will try to do end the case as “not guilty”. It is best to find a good experienced lawyer before making a claim, or the case will end up very fast.

 

Punitive damaged have become a very important element in any Car Defect Injury claim over the years. If we analyze the logic of the car manufacturers we will see that huge punitive damages are exactly the thing that matters to them. The formula is cruel but simple. The manufacturer usually calculates the costs of fixing the defect in the design or in a number of produced vehicles and then compares it with costs of litigation and settlement after the defect causes injuries. If the money required on fixing the defects is more than on settlement of the injury cases, the manufacturers would prefer to pay damages. So naturally in every Car Defect Injury Case the punitive damages could be set as high as possible to force the manufacturer to reconsider the design defect.

 

There is also one type of commonly used defense in Car Defect Injury Claims, but it can be used only if the injured person owned the vehicle for some time. Basing on description of usage of the vehicle the vehicle manufacturer or seller can claim that the person knew about the defect but continued to use the vehicle. This can be also stated after the manufacturer's or seller's insurance company has examined the defect vehicle. Also in some cases the manufacturers can claim that the usage of the vehicle and contributory or comparative negligence was the cause of, or a factor in caused injuries.

For more information regarding Accident Compensation claim, defense lawyers, automobile accident lawyers and Legal advice please visit:  www.lawyerahead.ca