Tag Archives: auto accident

Has Your Car Been Hit With A RECALL – Pt1

31 Jan

Happy New Year! We at the GoLaw Legal Network and our friends at GoPersonalInjury.com have made a resolution to share more Auto Safety Tips and Best Practices with our “digital friends” like you through our Online Social Networks.  Thanks to Dennise Burbank at Farmers Insurance near Marysville, California for emailing us at GoLaw.com this important article about Auto Safety Recalls.

What to Expect When an Automaker Finds Defects

Buying a new car doesn’t guarantee the vehicle will be without problems. Manufacturers issue recalls when an automotive defect is found that could pose a danger to drivers or passengers. In fact, 2014 was a record-breaking year for car recalls in the U.S., with more than 60 million vehicles affected by approximately 700 announcements.

The Recall Process
Any number of problems can incite a recall — from malfunctioning accelerators to defective steering parts and everything in between.

Once issues are discovered, automakers are legally required to send recall letters to the registered owner of each vehicle detailing what’s wrong, the risks posed, and where the vehicle can be serviced. The notice will also include a list of potential warning signs to help determine if a vehicle requires immediate attention.

When the problem is less serious, the automaker sends a service bulletin to dealers, notifying them of the concern and outlining how to resolve it. Often referred to as “secret warranties,” these announcements usually go unpublicized since the issues don’t pose a threat to safety.

A manufacturer who issues a recall notice to drivers or a service bulletin to dealers accepts the financial liability for the recall-related repairs as long as a designated dealership or repair site services the vehicle.

How to Stay Aware of Recalls
Before buying a car manufactured in the last 10 years, check for recalls online. Search the
recall database maintained by the National Highway Traffic Safety Administration (NHTSA) to determine if recalls have been issued or if a particular vehicle has missed necessary recall-related repairs. 

If you think your vehicle has a safety defect, report it to the NHTSA so potential safety hazards can be investigated and addressed. If the NHTSA receives enough complaints on a specific make and model, the government agency will launch an investigation.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.


GoLaw.com Car Accident Articles

15 Apr

Have you been injured in an car accident, auto wreck, or motorcycle collision?  GoLaw.com is here to hep you find an Accident Injury Attorney near you.  Read our Car Accident Articles to get more information.  If you have any questions, call 530-674-1440 to get a Free Legal Consultation.

The following BLOGs may be helpful to you in researching your Auto Accident case:

Cancellation of Auto Insurance for Nonpayment of Premiums

The mandatory nature of motor vehicle insurance in the United States means that the system under which cars and trucks are insured involves a three-part relationship among the vehicle owner or operator, the insurer, and the government of the state where the car or truck is located. The heart of the auto insurance business relationship, though, is the policy of insurance, a bilateral contract under which the insurer agrees to provide the requested insurance coverage on a vehicle and pay valid claims and the insured agrees that he or she will in return pay the premiums due under the policy. When an insured fails to make timely payment of the premiums or fails to pay them at all, the insurer’s ultimate recourse is to cancel the policy for nonpayment of premiums.

Comparative Fault in Automotive Products Liability Cases

Tort law is the branch of the legal system that deals with cases in which an individual or other legally recognized entity, such as a corporation or governmental unit, seeks to recover damages from another person for a private injury or wrong not arising out of a contractual relationship. Tort actions are often based on the concept of negligence, which the law generally defines in such a context as the failure to meet the standard of care required to avoid subjecting another to unreasonable risk of injury. Under traditional tort law principles, if the plaintiff in such a case was found to have been guilty of what is called contributory negligence, which is generally defined as a failure to use due care that contributes to the plaintiff’s own injury, the plaintiff would be barred from recovering any damages from the defendant. More recently, many courts have adopted a doctrine called comparative fault or comparative negligence in deciding such cases.

Manufacturer Defenses in Automotive Products Liability Cases

The basic elements of proof that a plaintiff has to establish in a products liability action against the manufacturer or seller of a motor vehicle are that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when the vehicle was put to its intended use and that the defect caused an accident or similar incident, such as a vehicle fire, that resulted in the loss or damage for which the plaintiff seeks to recover damages. Vehicle defects can include shortcomings in the design of a vehicle, mistakes in the manufacture of its component parts or in their assembly into a complete car or truck, and failure to warn the purchaser or operator of a risk inherent in the use and operation of the vehicle. Manufacturers have a number of defenses available to them in seeking to prevent a plaintiff from succeeding in an automotive products liability action.

Intentional Injury Exclusion in Auto Insurance

When a vehicle is involved in an automobile accident, the conduct of an insured may activate the automobile insurance policy’s exclusion for intentional injury. Intentional injuries include suicide and assault, among other acts. Even though some states require automobile insurance companies to provide statutory minimum coverage, the companies may exclude coverage for intentional injuries. The intentional injury exclusion prohibits an insured, which caused an intentional injury to himself or herself or to another person, from recovering insurance benefits for that injury. This is a common exclusion in automobile insurance policies. Further, most no-fault statutes contain intentional injury exclusions.

Tort Liability of Owners/Operators of Private Motor Vehicles

While the owners and operators of private motor vehicles sometimes think of their possession of auto insurance as totally eliminating any potential tort liability on their parts, such owners and operators remain subject to the tort system to the extent that their insurance coverage does not encompass part or all of their legal liability for an incident that has caused personal injury or property damage to another person. Such a situation can arise, for example, where a court judgment reflecting injury or damage caused by an insured private vehicle owner or operator exceeds the limits of his or her policy, or where the insured’s failure to provide required notice to an insurer or cooperate in the defense of a legal action causes the insurer to assert that it is not required to provide coverage for the loss under the policy.

If you or a member of your family or friends are involved in a motorcycle accident–crash, or other injury producing event caused by the negligence of others, call the Law Offices of Mark A Doughty at 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, click http://GoLaw.com