The last thing you expect when purchasing a new vehicle is for it to be defective. Car manufacturing companies have strict safety regulations and exceptional quality check systems after all, but do they? Or are there things that slip through the net? The answer is, sadly yes. Sometimes, things go wrong, parts are defective, and the companies sell them anyway. If you are spending more time in the repair shop than out on the road driving about, then this guide is for you.
Why Do Companies Knowingly Sell Defective Vehicles?
Sometimes, a company may just plow on and not deliver a recall, despite having information about a faulty part or generally defective vehicle. It may seem strange that a company would act in this way when doing so will inevitably lead to a high number of liability lawsuits and seriously damage their reputation. Monge & Associates are here to provide a few reasons as to why they do this from our office here in Illinois.
Recall Costs Too High
The main speculated reason why a manufacturer may press on and ignore the advice about faulty parts is that the cost of recall would absolutely ruin them financially. This is a risky move, but one that is driven by the need to protect the budget. Remember, sometimes recalling a vehicle and paying for the repairs can cost billions, especially if those repairs are to do with major components like the fuel tanks.
In Too Deep
Other times, the company may simply be in too deep with no way out. This tends to happen with smaller businesses that are producing niche cars, like luxury vehicles in certain areas. Being in too deep means the act of recalling a part would hold minimal benefits for the company in any circumstance because they are too far into the sales process to reel back or recover from the losses.
Defect Not Protected by Lemon Laws
Every state has Lemon Laws, but in Illinois, not everyone is protected by them, a topic which is explored more in the section below. Therefore, if a manufacturer understands that their product won’t be relevant to these laws, they also understand it will be a lot harder and take a while longer to put any kind of claim into action. So, they take the risk.
Enough Money to Cover the Lawsuits
Alternatively, they may be bold enough to presume that the lawsuits coming their way will be less expensive than the price of recall. They will therefore take on the legal challenges and opt for offering settlements with widespread strategies for the victims.
Understanding Lemon Laws: Proving Malice
Lemon Laws are statewide protective legal regulations that all attorneys can utilize in cases like this. Unfortunately for residents in Illinois, the Lemon Laws in this state only favor new vehicles. So, if your car is older than a year, you won’t be covered and will need to pursue other routes. When it comes to proving malice on defective new vehicles, however, Lemon Laws are the best way forward in a lot of cases. So, for your car to be classed as a Lemon and gain the protection of this law, what does it need to be?
- 12 months old or have driven 12,000 miles
- Purchased in Illinois
- Have some kind of manufacturing issue
- The vehicle has not been working for a month or longer
Gather the Evidence
We recommend that you gather as much evidence as you can to support your case. This must include things like repair statements from official car garages and any information released by the company about the potentially defective parts. These two things will help you prove that your vehicle has known faults that won’t be fixed satisfactorily, so the car is not safe.
It is important to act within the timeframe if you want to be protected under Lemon Laws. If you are going down another route, it is still in your best interests to get the ball moving as soon as possible. The longer you wait, the harder it is to prove liability and the more time you will spend out of pocket and without a functional vehicle.
We practice law from our office in Illinois, and 32 total locations across 19 states in America. You can find us also in Georgia, Colorado, Nebraska, South Carolina and Washington. If you ever have a problem with a manufacturer selling you a defective vehicle, get in touch and our team will tell you everything you need to know.
Call now for a free consultation on (888) 477-0597.