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  1. #1
    Join Date
    Feb 2020
    Posts
    1

    Default Failed Break Feature

    My question involves a consumer law issue in the State of: NY.

    Good evening. Yesterday, my daughter drove off the lot in a new SUV. One of the features of the car is that it detects the distance between her car and the car ahead and is supposed to stop when it gets too close. While driving with her three daughters, 7,4 and 15 months, this feature failed to kick in and she hit the car in front of her.

    Fortunately, no one was hurt, but enough physical damage was done to my daughter's car (hardly any visible damage to the other vehicle) that she will have to report it to her insurance company and pay a deductible for the repairs. Since this feature wasn't working does the dealership or the car company have any responsibility in paying for the repairs?

    Thank you very much for your time.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,803

    Default Re: Failed Break Feature

    Quote Quoting Mistic
    View Post
    Since this feature wasn't working does the dealership or the car company have any responsibility in paying for the repairs?
    I'm going with no.

    It was her responsibility to control her vehicle and keep a safe distance. The only reason to hit the car in front of you is carelessness.

  3. #3
    Join Date
    Oct 2016
    Posts
    3,862

    Default Re: Failed Break Feature

    So your daughter bought a new SUV with this feature and before reading the manual about the feature, she decided to test how well it worked with her three children in the car?

    From your description, we don't even know that the feature failed in doing what it was designed to do.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,658

    Default Re: Failed Break Feature

    I'm pretty sure that this system doesn't work below a certain mile per hour. Some systems you need to be over 5 mph and some over 25 miles per hour.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  5. #5
    Join Date
    Jul 2018
    Posts
    2,243

    Default Re: Failed Break Feature

    Quote Quoting Mistic
    View Post
    Since this feature wasn't working does the dealership or the car company have any responsibility in paying for the repairs?
    Depends on WHY the feature didn't activate, but your daughter is obviously primarily to blame for rear-ending another car. She can get her car fixed and pay her collision coverage deductable, and her insurer can decide to pursue the dealer or manufacturer for the brake feature not working.

  6. #6
    Join Date
    Feb 2020
    Posts
    282

    Default Re: Failed Break Feature

    Quote Quoting adjusterjack
    View Post
    I'm going with no.

    It was her responsibility to control her vehicle and keep a safe distance. The only reason to hit the car in front of you is carelessness.
    One size never fits all.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,604

    Default Re: Failed Break Feature

    Actually, in my truck, it works over a broad range of speeds. It does however disclaim it in the manual that you shouldn't rely on it, nor the audio alerts.

  8. #8
    Join Date
    Mar 2020
    Location
    4111 Snyder Avenue, Charlotte, North Carolina(NC)
    Posts
    11

    Default Re: Failed Break Feature

    There may be a time when you want to sue someone directly for the property damage caused to your car. For example, you might want to file a lawsuit in small claims court against someone who caused damage to your property to recover the deductible you had to pay to your insurance company.

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