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ATV accident as a result of vehicle defect

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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!
 


llamatron2112

Junior Member
A couple of details I happened to leave out by mistake:

The manufacturer claims no responsibility whatsoever for coincidental damages.

The initial problem which caused the wreck will be addressed under warranty. The $1800.00 estimate is for damages from the accident which will be charged to my insurance carrier.
 
Last edited:

llamatron2112

Junior Member
You continued to use a defective product.
At the (documented) recommendation of the dealership; I was assured the unit was safe to operate.

Thanks for your thoughtful and well developed reply.

Google "persona non grata".
 

Country Living

Senior Member
Your new four-wheeler started stalling after about 20 hours of use. You took it to the dealer who told you it was fine. You then took it up a mountain in West Virginia.

How many miles did you put on it between the dealer and the mountain?
 

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