I just brought my car from the dealership I didnt have it longer then 48 hrs and the crash assistance on the car kicked a code which made it not work. When I got into the accident the crash avoidance did NOT work. My car was considered CERTIFIED pre-owned because it was a loaner car and had 4,000 miles on it and supposedly passed all the tests. Insurance company is saying that the car might be totaled. I Have never been in this situation and don't know what should do as far as legally.
Crash assistance or avoidance is NOT and absolute guarantee of not crash avoidance. It sounds like your insurance company is going to replace the car. So, it does not appear that you have anything to worry about. But, if not then you should seek an experienced litigation attorney.
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If you have collision insurance, then the claim is the difference between what the car cost and the insurance payment.
If you do not have collision insurance you claim would be for the value of the car, presumably what you paid....but you will have to prove that had the "crash avoidance" function been working the crash would not have occurred
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