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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23767
Experience:  Senior Partner at Berkson Wallace
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My car exploded, I just managed to get my 5yo out of the car

Customer Question

My car exploded, I just managed to get my 5yo out of the car before exploded. The explosion caused my house to catch fire. I have car and home insurance and they've been great. However do I have a claim against the manufacturer as the car wasn't even 3 years old. There was no warnings and only had 25k miles on the clock.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: This is in the UK, no one else involved
JA: What steps have you taken so far?
Customer: Damage to house claimed for on house insurance, the car is currently still on drive and burnt out, car insurance organising the scrap collection on Monday.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Law
Expert:  Virtual-mod replied 16 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Stuart J replied 16 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What was the make model and age of the car?

and how was it purchased - finance / bank loan / cash?

and what was the reason?

Customer: replied 16 days ago.
Mini Clubman 2018PCP - currently waiting for market valuation of vehicle.
Expert:  Stuart J replied 16 days ago.

Firstly let me deal with your five year old.  If there was no injury, there is no claim because there is no claim for “could have been injured or could have been killed”.

Under the Consumer Rights Act a claim for goods which are not of satisfactory quality, not as described, or not fit for purpose lies against the Seller and does so potentially for up to 6 years depending on the age of the goods, and the nature of the goods.  The 6 years is the time limit under the Limitation Act.

For example, you would expect the motor vehicle to remain of satisfactory quality for six years but not a 10p ballpoint pen.

The Consumer Protection Act on the other hand put liability onto the manufacturer and here is an article on the subject:

https://www.pinsentmasons.com/out-law/guides/product-liability-under-the-consumer-protection-act

So the short answer to your question is that you do have a claim against the manufacturer but if you want the maximum chance of getting anything out of it, I would suggest that you hunted around for some solicitors to see you can get undertake it no win no fee.

If you Google

Consumer Protection Act Solicitors Claim

You will find an awful lot of solicitors with articles on this and looking for this business.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards