llamatron2112
Junior Member
What is the name of your state (only U.S. law)? OH
All,
I was recently involved in a non-injury ATV accident which was a direct result of a known product defect. I could use some advice as to how I should proceed.
The ATV in question was purchased new from the dealer. Three months after it was purchased, with about 20 hours on the hourmeter, it developed a stalling problem. When I returned the unit to the dealer for warranty service, they were unable to determine a cause. As a result, I was told to continue to use the unit until the problem became regular enough for the mechanic to determine a cause.
I took the unit on a trip to West Virginia. While ascending a hill, the unit stalled again causing the rear wheels to stop suddenly resulting in loss of control and a subsequent rollover crash. The entire episode was captured on video, including the 'communications failure' code displayed on the unit's diagnostic screen indicating an engine fault.
I have paperwork from the dealer detailing the 'unknown engine fault' and an estimate for approximately $1800.00 in repairs. I have turned the issue over to the insurance company, but will be required to pay my $500.00 deductible.
My question is, based on the information at hand, is there grounds to demand a replacement product, or at the very least, for the manufacturer or dealer to bear the cost of the repairs? I'd appreciate any feedback you might have.
Thank you!
All,
I was recently involved in a non-injury ATV accident which was a direct result of a known product defect. I could use some advice as to how I should proceed.
The ATV in question was purchased new from the dealer. Three months after it was purchased, with about 20 hours on the hourmeter, it developed a stalling problem. When I returned the unit to the dealer for warranty service, they were unable to determine a cause. As a result, I was told to continue to use the unit until the problem became regular enough for the mechanic to determine a cause.
I took the unit on a trip to West Virginia. While ascending a hill, the unit stalled again causing the rear wheels to stop suddenly resulting in loss of control and a subsequent rollover crash. The entire episode was captured on video, including the 'communications failure' code displayed on the unit's diagnostic screen indicating an engine fault.
I have paperwork from the dealer detailing the 'unknown engine fault' and an estimate for approximately $1800.00 in repairs. I have turned the issue over to the insurance company, but will be required to pay my $500.00 deductible.
My question is, based on the information at hand, is there grounds to demand a replacement product, or at the very least, for the manufacturer or dealer to bear the cost of the repairs? I'd appreciate any feedback you might have.
Thank you!