Expert: Claims Guy - 9/25/2010

Question
I just got home from the hospital. Please help me as I use my car for my job of going to client's homes. Earlier this evening, I was involved in an accident that seemed to  be due to a malfunction either with the accelerator or the brakes, or both. I was turning into a small parking lot and hit a curb, (a border patrol agent also bumped into it and it was hard to get his vehicle off it, this was half an hr after me)..as I hit the curb, I was going to pull up to a drive through when the car started to accelerate quickly, I tried to brake and steer but the car wdn't brake and kept accelerating out of control until it ran right into a rock wall, air bag deployed, and the car bounced back and stopped. Lots of damage, windshield all broken, body damage...hood popped up and other damage...miraculously, it seems the only injury I sustained was bing hit by the air bag, and lots of pain all over my body, bumps and bruising...I have liability...not sure if collision...what if mechanics can verify a malfunction occurred and I had no control of vehicle? PLease let me know as soon as possible, Thank you

Answer
If you can prove there was a malfunction, you likely will nit be liable and can collect from whoever caused the malfunction.

This will depend on several factors.  How old is the car?  Is is under warranty?  Was any work done recently that could have caused this?  Has this model had similar reports?  Is it a Toyota?

Report your concerns to your insurance company.  Ask your mechanic to determine what happened.  If this is a manufacturer's defect, call the car manufacturer and place them on notice of your claim.  This can get complicated and you may need an attorney to prove your case.

The insurer will probably not spend the money required to hire an expert to inspect the vehicle, unless there is a lot of money at stake.  In most cases it does not make business sense t o so.

Vehicle manufacturers have reps they send out to inspect cars and research these types of allegations.  They usually deny the claim because it is very hard to prove what you are alleging.  If they deny the claim and you really believe there was a defect, you'll need a lawyer.  Good luck.