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Is it too late to file suit against a used car company which sold me a faulty used van resulting in an accident ( 1 yr ago)?

Pittsburg, CA |

I bought a used van from a used car company a little over a year ago. The van had problems (accelerating on it's own and sometimes dying out while driving). The company told me that they would replace the van after one of the owners drove in the van with me so I could show them the problem, since they couldn't seem to understand what I was telling them. They said it could not be repared.
I waited 2 wks for new vehicle, but I was involved in an accident while driving the van. It went out of control by accelerating on it's own. The brakes would not work and as I swerved to prevent hitting other vehicles I hit a fire hydrant, a tree, a pole and a brick wall. I have lost my license, because I was knocked out and the police put I had a seizure as reason for the accident. A case?

Attorney Answers 2


  1. If you had an accident because of a seizure, you don't have a case. If you had an accident because the van was mechanically faulty and you can prove this, you may have a case. The statute of limitations on a bodily injury claim in California is 2 years from the date of the accident. The statute of limitations under various consumer laws ("lemon laws") may be shorter.

    NOTE: Nothing in this statement is intended to create an attorney client relationship. Attorney does not agree to take any action on this matter unless a written retainer agreement is signed by client. Attorney is solely licensed in the State of California.


  2. If you were in Illinois, I would not have taken your case for two reasons.

    1- the police report says you had a seizure- this is something specific that without an indication of its existence the police would not have put it on the report. You will need to have an expert to show that you do not suffer from seizures in any case you care to file. So that is a big clunk.

    2- you knew about the defects in the van, you knew about the sudden accelerations and all the issues the van had--yet, you decided to continue driving it. Any defense attorney would argue that you took on the risk and in so doing you accepted all the risk and all injuries driving from that--therefore, your injuries and all damages are your own fault because a reasonable person would not have driven a junk of a van as you had. Just be happy you did not hurt anyone in the process...

    All the same, you should have an in person conversation with a local attorney who will be able to give you more accurate guidance as to what to do next. Generally, the initial consultations are free and there is no obligation. If you need a referral, I may be able to recommend an attorney in your area. 1-866-827-2354

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.