Legal Question in Consumer Law in Massachusetts
car recall
I had a loan for a 2000 grand prix automobile and my car insurance had just run out, but I was still driving the car, and the engine caught on fire (after I had parked).
The car was totaled, and the bank reposessed it, because I couldn't pay for it because I couldn't get to work. I recently received a letter in the mail from the car-maker stating that there is a recall on my car because the super-charger can cause a fire. Do I have any rights, or is it the bank that reposessed it?
2 Answers from Attorneys
Re: car recall
Consult an attorney who may be able to get the bank that repossessed the car to join with you as co-plaintiffs in any claims you both may have for losses resulting from the fire assuming it can be proven to have been caused by the super charger that led to the recall. But act quickly before the vehicle is no longer available for inspection.
Re: car recall
I would add to the above answer: depending on how much you still owe on the original loan, you may still be liable to the bank for a "deficiency."
If the bank has sold the vehicle for an amount less than what is owed on the loan (because of the condition of the vehicle) - they may try to collect the remainder from you.
Email me if you would like to speak further.
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