Legal Question in Consumer Law in Virginia

Re: Car on Fire

Well, the biggest question is going to be the warranty that was made a part of your purchase contract. Obviously, it is it very likely that your warranty papers were burned up with the car, which is a problem.

In general, if you can prove that it was a manufacturing defect, then yes you could sue for the loss.

However, if you already agreed in your purchase contract (because the manufacturer included a limitation on liability in the contract, by way of a limited warranty) that they would NOT be responsible after X number of years, then any limitation that you agreed to in the contract would be binding.

Therefore, it is very important to get a copy of the purchase contract and warranty (or if it was burned up a similar one from the same type of car) and see what it says.

Also, do not disturb the car. There are experts who can analyze the car and determine exactly where the fire started and why and eliminate all other causes. Some of these experts are extremely good. I can probably direct you to one if you need it.

You might also want to alert the public to such dangers by way of the news media.

Re: Car on Fire

Considering your vehicle was nearing the 10 year mark in terms of its age, before trying to firm up matters into an actionable case against the manufacturer, you would, I believe, advantage yourself by doing a simple cost benefit analysis, ie. what you might be likely to realize in damages(if your lawsuit was successful) v. the cost of any litigation or any prelitigation actions/maneuvers against the manufacturer. Given the fact that, apparently, your wife escaped the inferno without injury, your remaining damages, if you succeeded in proving liability on the part of the manufacturer, would most likely be limited to the blue book value of your nearly ten year old vehicle. I"m sure you can figure things out from here.

However, instead of going the litigation route and lining up expert witnessess and all the other legal paraphernalia that goes with such a suit, you might consider simply writing a letter to the manufacturer, explaining what happened and the comparision with what occurred with the recalled vehicles, and make the following proposal: that in return for their compensation in the amount of the blue book value of the vehicle, you would agree to sign a release from liability for the manufacturer which you would agree to keep confidential.