Legal Question in Civil Litigation in California

new car catches fire

I bought a 2006 Scion XB. After getting my options installed, I picked up my car and drove home. On the way home, a fire erupted in the engine compartment. This was rush hour traffic. Upset, I called the dealership, and they brought me a rental and towed my car. The fire was caused by a manual that had been left in the engine compartment by the dealer's technician and caught fire. What are my legal rights?

There was damage to the car.


Asked on 10/25/05, 1:26 am

2 Answers from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: new car catches fire

Good Morning!

Congratulatins on getting a cool new car. Unfortunately, the single incident that was caused NOT BY A VEHICLE defect, but dealer stupidity, DOES NOT qualify you for relief under either the Consumer Legal Remedies Act or the so-called Lemon Law.

If the Dealer has "cleaned up" the under hood area, done the nominal repair work and otherwise checked the car out, then there are no dirivability or safety issues left.

$500 is a modest sum, not a true insult, and you really do not have a lot of bargaining power. You can stamp your feet and make a lot of noise, but, legally, you have no grounds to seek greater damages.

You should have the car checked at ANOTHER dealer to make sure there are no other issues that need attention, though.

Sorry I did not have better news.

Regards,

Mark Geyer

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Answered on 10/25/05, 10:55 am
Anthony Roach Law Office of Anthony A. Roach

Re: new car catches fire

Was the car under a warranty? It appears to me that due to their negligence, you are not going to have a "new" car anymore. The fire under your hood may have damaged other components. Obviously, you bought a new car with the hopes that it would have a long service life, and now you have what NASA has in the shuttle fleet.

My recommendation is that you contact a bar referral service, and speak with an attorney who handles problems like this. My argument is that they gave you a defective car when you left the dealership, and the defect was caused by their negligence.

Very truly yours,

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Answered on 10/26/05, 6:57 pm


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