New Car Claims – The Facts

If you have been involved in an accident on the road, and you have grounds to believe that a mechanical, electrical or other fault with your new car caused that accident, then it may be possible to bring a claim forward against the car manufacturer, or the dealership that sold you your car, on the grounds of it not being fit for purpose under the Consumer Rights Act.

Usually, if it is found that a car has a defect that makes it not “fit for purpose” or of a “satisfactory quality”, that happens before an accident ever takes place.

However, if that defect is discovered after an accident, and it can be proven that the defect contributed to the accident happening, then the car manufacturer or the seller can be held liable. Not only could you make a claim for the damage to your car, but you could also make a claim for any personal injuries you sustained in your accident, and any financial losses you sustained because of your accident. Under the circumstances, it is essential that you seek good legal advice, from a lawyer who specialises in new car defects and personal injury law.

You need to know if you have a strong claim, and what your legal options are, so that you can make an informed decision regarding whether to begin claim process or not.

New Car Accidents and Personal Injury Claims

New cars are cars that have not been previously owned. You should be the first registered keeper. Car manufacturers have a legal obligation to ensure that every new car that leaves their factory is of a satisfactory quality. And, in addition to this, the dealership where you bought your car has a legal obligation to ensure the same. If you are involved in an accident because of a car defect, then they can be held liable for that.

Under the Consumer Rights Act 2015, you have 30 days to reject a new car that is faulty, if it is no “of a satisfactory quality” or “fit for purpose”. After this period expires, you have fewer rights, but you can still request repairs or replacements, or a partial refund.

Where accidents and personal injuries come into play, however, your rights are increased, since the other party can be held liable. You can make a claim within three years of the date your accident happened, under the Limitation Act 1980, and you will have a strong claim if it can be proven that a fault with your vehicle caused your accident. Furthermore, if any servicing or MOT work failed to pick up a fault then the servicing garage could be held liable.