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  #1  
Old 10-31-2009, 11:23 AM
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Join Date: Jan 2009
Posts: 8

brakes failed in new car causing accident (Re-post)


What is the name of your state (only U.S. law)? MN

I'm re-posting this because there was some kind of technical glitch that made the original post disappear.

I'm looking for advice about what to do and whether I need a lawyer given the circumstances of my incident.

Background:
I was in a car crash last night. I was heading for a busy intersection and when I hit the brake pedal, it went to the floor and the vehicle did not slow at all. I went through the red light into the intersection and somehow managed to avoid hitting anyone, but crashed into a light post causing damage to the vehicle.

Facts:
-The car is a new 2009 Mazda 6 (less than 12,000 miles logged).
-Routine service (oil change/tire rotation) was performed at the dealer service center three weeks ago. No problems or issues were reported at that time.

Concerns:
I do not trust the dealership to handle this ethically and responsibly given the fact that somewhere along the line either the manufacturer or the dealership is at fault for the brake failure. I'm afraid to have any other mechanic touch it because I don't want to void the warranty. I don't want to get stuck paying for all kinds of towing fees, an insurance deductible, and other incidental fees associated with this since it was not my fault the brakes went out.

I have already contacted the insurance company, but obviously the adjuster won't get a chance to look at the car until next week. How do I protect my interests and make sure the responsible party pays for this and that if the problem turns out to be a manufacturing defect that no one else has to go through this?

I feel lucky and blessed that no one was hurt or killed, but now I need to turn my attention to getting it all taken care of.What is the name of your state (only U.S. law)?
  #2  
Old 10-31-2009, 12:00 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 17,866
You need to contact the dealership/manufacturer. They will need to inspect the vehicle and determine why the brakes failed. You will have to pay your deductible FOR NOW if you want your car repaired quickly rather then waiting for the manufacturer to figure it out; your insurance should pay for everything else as long as you have the coverage for it. But of course you can't let repairs begin until the manufacturer's inspection is done.

I can't imagine what the dealer could have done during an oil change to affect the brakes though.
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