Defective parts in your own car can lead to a serious car accident if you don’t spot the defect before it causes an accident. Typically, the defective part is installed not long before the accident happens, just enough time for you to let your guard down and then, wham! your car slams in to another vehicle or is hit when it is no longer under your control.
A failed clutch on a manual transmission can lead to gear slippage or failure to engage or change gears. Your car could stall when changing lanes in heavy traffic or fail to execute a maneuver safely. If you are involved in an accident caused by a defective clutch you may be able to claim compensation for the damage done to your car and any injuries you and any other occupants sustained.
The Cost of an Accident When Your Clutch Fails
Clutches inevitably fail through normal wear and tear, but long before they do so, you will be aware that they need replacing. Clutch replacement costs between $500 to $1,000 including labor and the parts themselves.
However, this is a minor factor if a defective part is installed or a standard clutch replacement is done badly and goes on to cause an accident. The total cost of the clutch failure is dependent on exactly how much damage has been done to the rest of the vehicle.
Your car could even be so badly damaged that it is not cost effective to repair it if it has been badly smashed. In that case, the compensation claimed would be for the replacement cost of a new vehicle plus inconvenience costs as well as any damages claimed for injuries that might have been caused by the crash.
Evidence is Needed to Prove Fault in an Accident Involving a Failed Clutch
You will most likely know what caused the crash as you will have noticed clutch failure immediately before losing control of the car or just before it stalled. Theoretically, you should be able to prove that this was the cause of the accident afterwards when the car is investigated by a qualified mechanic, preferably not the same person who installed the new clutch!
Apart from an examination of what you believe was defective itself, it will be useful to have other evidence available if you hope to convince an insurer that their client’s negligent workmanship was responsible for your crash. Eye witness statements taken from anyone who saw the crash happen will provide consistency when arguing your case. If the crash involved injuries or held up traffic for any length of time, the police should have showed up and would have compiled a crash report which could prove useful.
Reasons to Work With a Lawyer
Filing a defective parts claim can be quite complicated. The success of the claim depends on cogent, clear evidence that someone else was at fault, typically, the repair facility that fitted your clutch and possibly through them the manufacturer of the parts.
You will find that because the crash claim is for far more than just the cost of replacing the clutch itself that it makes sense to hire a personal injury attorney to do most of the legal work necessary in a claim of this type. Complete the Free Case Evaluation to speak with a personal injury lawyer who can help assist your case.
