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Car malfunction causes Accident...

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Sandra Caesar

Junior Member
Texas

I had a car accident about a week ago.I have a 2009 acura Tl.My car was at a stop with my foot on the breaks. I then noticed my car began to roll backward. As I proceeded to mash on my breaks it kept rolling backward and I ended up hitting the person behind me. I don't understand how this could happen because I drive an automatic so it must be some kind of malfunction or defect.Nobody was injured I just had some paint from my vehicle rub off on theirs, but my bumper and trunk is pretty banged up.Of course their car insurance isn't going to pay for my car, and I don't feel I should have to pay a 1000$ deductible with my insurance because it wasn't my fault.Would I be able to file this in small claims against Acura so that Acura can fix my car???If so how would I go about doing this I'm so confused...The reason I ask about small claims is because no accident attorney will take on the case because I was not injured and the case is too small...I'm so confused on what to do...Does anybody know how I would go about this?
 


justalayman

Senior Member
Would I be able to file this in small claims against Acura so that Acura can fix my car??
you can but you will almost assuredly lose. To prevail you will have to prove that your brakes failed.

If there is a known history of brakes failing on this model, it would help but still not a slam dunk.

If there is no history of the problem, you would likely have to have some level of professional mechanic or even engineer pore over your vehicle and be able to show some failure that caused the accident.

It would likely cost you much more than the $1000 to even mount a reasonable case. Then, Acura would likely seek to have it removed to a higher court which would then mean you would likely need a lawyer.
 

Sandra Caesar

Junior Member
Thanks for the advice...I guess your right because if I'm going to end up having a bigger headache at the end of the day it's really not worth it. I'm just glad the accident wasn't worst...Take care
 

justalayman

Senior Member
you do need to report this to the Acura dealer and the NHTSA. If this is the beginning of a problem, it will help them realize it sooner.
 

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