Northern California Auto Product Liability FAQ
Stay Informed – Guidance to Rely On
At Estey Bomberger, our auto product liability attorneys cannot stress enough the importance for consumers to stay informed and up-to-date regarding the current safety and condition of their vehicles. The following covers frequently asked questions (FAQs) with brief, yet detailed answers, to help you better make sense of the complex laws surrounding defective automobiles and injury claims.
How long do I have to file an auto product liability claim?
In California, you have two years to file with the Rule of Discovery, which means two years from the time you first find out you’ve been injured as a result of your accident. Sometimes it takes months or even years for an injury to manifest. However, if you’ve been injured in an accident that you believe was caused by a defective vehicle; you should contact an experienced auto product liability attorney as soon as possible.Â
How much does it cost to file a product liability claim?
In most cases involving an auto product liability claim that results in personal injury, fees are based on contingency. This means that there is no up-front cost for you to pay and your attorney only gets paid if he/she earns you a monetary settlement. At that point, a percentage of your settlement will be taken as their fee for representing you. However, if your attorney doesn’t get a judgment in your favor, you pay nothing.
What kind of compensation am I eligible for?
That depends. A number of factors go into determining how much compensation you’re entitled to. Some of the factors include severity of injuries, recovery time, medical expenses, loss of income, and pain and suffering; however, your attorney will be able to help you establish the maximum amount of compensation you deserve.
The other person’s insurance adjuster wants to settle and said I don’t need a lawyer. Is this true?
This is absolutely not true. Insurance adjusters are paid to settle claims at the lowest possible rate. They are promoted based on how much money they DON’T pay out. Even if the figure they give you sounds like a lot, it could be substantially less than what you’re entitled to. Do not settle with an insurance company until you’ve consulted with a reputable Northern California auto product liability attorney.
What constitutes a vehicle defect?
A vehicle defect is a flaw that renders the vehicle unsafe for its intended use by motorists. There are usually two kinds of defects: design flaws and manufacturing defects. A design flaw means that there was an imperfection in the design before the vehicle was manufactured. A manufacturing defect means that the vehicle was compromised during the manufacturing process by poor factory practices or negligence.
What kind of injuries can result from a defective vehicle?
The extent of injuries sustained in an accident involving a defective vehicle depend on how severe the accident is and what went wrong with the vehicle. Injuries can range from broken bones, spinal cord injuries, head trauma and brain damage, amputation, paralysis, and in some cases, death.
What is crashworthiness?
Crashworthiness is the ability of the vehicle to protect the motorist and passengers, should a collision occur. When determining an automobile’s crashworthiness, auto manufacturers evaluate how a vehicle will protect occupants in terms of the impact with other vehicles as well as the impact of passengers with parts of the vehicle. The later part of these examinations of vehicle safety in the event of a crash relates to the effectiveness and functionality of seatbelts, the dashboard, airbags, the windshield, the steering wheel, and doors.
How do I know if my vehicle or its components are included in a recall?
You can find out if your vehicle is included in a recall by visiting the auto maker’s website or by visiting www.recalls.gov. In addition, http://www.safercar.gov/ also provides information about vehicle safety recalls.