Legal Question in Product Liability in California

Car accident due to spontaneous acceleration

5 days after picking up a new (leased) Jaguar, the car accelerated violently & crashed (no injuries) into a wall while parking it. Jaguar says it has reviewed computer data & the car was not to blame (of course their engineers are going to say that). But I know what happened!! My foot was on the brake the whole time! (I have a witness to verify that brake lights were lit.)

Is pursuing this case any further pointless? Is it likely that I can never prove that the car was defective?

This happened on June 5, 2002; today is Sept 12. So, another point of contention is that the Customer Service I have received is deplorable. Both the dealership (Hornburg Jaguar) & Jaguar Cars have dragged their feet so much on this that it has cost me thousands in rental car fees. It takes weeks to get replies to calls & letters if they respond at all. Can I expect to get that money back?

At this point, all I minimally want is to be out of the lease & never have to deal with them again. Ideally, I would like out of the lease, my down payment refunded, and my rental fees reimbursed. Is any of that likely to occur? Or should I give up?

I am very open to hiring interested attorneys. Any responses will be acknowledged & appreciated tremendously.


Asked on 9/12/02, 7:27 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Car accident due to spontaneous acceleration

I don't know from your posting just how much money is involved. Proving that the car was defective in some way is doable, but requires experts, that cost. Attorney time is another consideration.

I would assume that at some point the dealer or Jaguar will want to just resolve the matter, but you may have to proceed to litigation to get to that point.

Call me if you want some idea of costs through various stages of litigation.

P.S. Thank God no one was injured.

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Answered on 9/18/02, 5:55 pm


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