Q: I was the owner of a audi a4 that was subject to contant oil and peformace break down resulting in a seized engine
Engine siezed due to time belt falting
based on oil pressure , car repairs exceed book value of car or close to it
we ended up scrap car worth 6000.00
because repairs were 5,000.000 plus
do we have any recourse based on class action suit
A:
Initially there is a problem if you no longer have the car. Before the car was disposed of by you you had to give the manufacturer or the dealer a chance to look at the car to defend themselves in a lawsuit.
Also as a practical matter how do you prove a case now that the car AND ALL OF THE PROOF is gone. However of you could somehow prove that there was a defect and that defect caused the breakdown you could be successful on a breach of warranty or lemon law claim under Federal or New Jersey law.
I am sure the class action suit was settled without any admission of liability so that fact alone does not help you that much.
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