If you have sustained injuries due to an automotive defect, you may not know whether or not this is something you can file a claim for. The good news is that manufacturers, distributors, and retailers are all responsible for ensuring their products are safe and have gone through extensive testing. Because of this, you have every right to file a defective vehicle claim to receive compensation to help you cover things like medical bills.
At NBF Accident Law, our auto defect lawyers in Washington state can assist you in filing a claim so that you can get compensation after an auto defect accident. Our attorneys will work tirelessly on your behalf, negotiating with both manufacturers and insurance companies to ensure your rights are upheld.
Types of Auto Part Defects That Can Lead to Injuries
Vehicles can be so dangerous because they are such complex machines and are made of hundreds of different parts that all need to work together to ensure you are able to operate your vehicle safely. If even one of these auto parts is defective or malfunctioning, the entire machine may not work safely.
Here are some of the different types of auto part defects your vehicle may have:
- Design defects: A design defect is when a product is inherently dangerous due to the original design, which should have gone through scrupulous testing to prevent this. Even if a design defect is manufactured correctly, it will still be dangerous.
- Marketing defects: A marketing defect may not necessarily be the fault of an auto part itself, as it is the manufacturer to blame. This is because a marketing defect is when the manufacturer fails to warn the user by providing instructions or warnings about how to properly use the product, which increases the risk for the user.
- Manufacturing defects: The manufacturer is the entity responsible for developing each part and is one of the most common causes of defects. A manufacturing defect is when the design of the part is safe but the manufacturer deviates from the intended design, creating a part that is defective and doesn’t work as intended.
Steps to Take When Filing an Automotive Defects Lawsuit
If you are injured due to automotive defects, filing a claim is often a very necessary step to cover medical bills. However, these types of claims can be quite challenging since you have to prove without a doubt that the auto parts were defective and that they specifically caused your injuries. To establish the defect, you need to take specific steps from the moment the accident occurs to when you file the actual claim:
- Get medical care: The most important thing you need to do when you are injured from defective auto parts is to get immediate medical care to have your injuries checked out. Taking this step not only makes sense for your health, but it will also create a paper trail that documents your physical injuries and the related expenses.
- Document the defect: You will need to document that the product was defective through things like photos, videos, police reports, and testimony from auto experts.
- Document the auto parts used: Another complicated aspect of auto defect claims is that you have to prove that you were using the part as it was intended at the time of your injuries. The type of evidence you can use to prove this will depend on what auto part was defective and how it contributes to the running of the vehicle.
- Notify involved parties: Whenever you are in an auto accident, you are legally required to notify your insurance company within a specific timeframe. If that accident involves an automotive defect, you also need to inform the manufacturer, letting them know that you will be filing a claim.
- Identify responsible parties: Because so many companies can have a part in how auto products are created and distributed, there may be more than one responsible party. For example, the manufacturer, distributor, and retailer could all have some measure of responsibility, which could help you get a larger settlement.
Before you proceed to the final step of actually filling out a defective vehicle claim, you need to hire an automotive defects attorney to represent you. An auto defects lawyer will understand the laws in Washington around these types of claims and can ensure you include all of the documentation and evidence that is needed to prove liability.
Common Challenges When Filing an Auto Defects Claim
If you want to file a defective vehicle claim, it is very likely that you will meet some challenges unless the defect is very obvious. You will need expert testimony and a thorough investigation to prove that the defect even occurred and that it was the direct cause of your injuries.
Another challenge you may have is identifying who the responsible party is since there are multiple entities that handled the product before it got to you. Uncovering the type of auto part defect can help you find those responsible parties and identify if there is more than one.
Keep in mind that there is a statute of limitations for product liability claims, which is usually about three years from the date of the accident. If you wait too long, it’s very likely that your claim will be denied, or at the very least, it could be more difficult to get compensation since the evidence will no longer be fresh.
Contact an Auto Defects Lawyer at NBF Accident Law
When you get in a vehicle, the last thing you are usually worried about is defective automobile parts; however, this poses a serious risk to drivers and passengers. Not only can auto part defects contribute to car accidents, they can result in the accident being much more severe, causing more significant injuries.
At NBF Accident Law, our auto defect lawyers will fight purposefully on behalf of victims of automotive defects, ensuring you get a fair settlement. We will assist you every step of the filing process, helping you document evidence and and prove liability to get the settlement you need to make a full recovery.
Contact us today at 206-923-8888 to schedule a consultation with one of our attorneys in Washington state.
