Q: can i sue mercedes for my car catching fire due to their negligence?
i had full coverage, prior to the dealership having it to make a new key, the police had it as it had been stolen at gun point and was being processed for DNA and Finger prints. the dealership only mentioned that one of the tires had belts showing and it should be replaced before driving it. it was driven home and then parked until the next afternoon it was started and left on to cool off in the car port where it caught on fire and completely burned if i hadnt let it cool off it most likely would have injured or killed my disabled girlfriend as i wouldnt have been able to get her out if it caught fire while driving it. needless to say we werent told by mercedes something was wrong do i have a lawsuit against mercedes what about my insurance taking 6 months to pay me
A:
Based on the information you've provided, it's difficult to say definitively whether you have a strong case against Mercedes or your insurance company. However, here are a few points to consider:
1. Negligence: To sue Mercedes successfully, you would need to prove that they were negligent in their inspection, repair, or communication of potential issues with your vehicle. If they failed to identify or disclose a problem that led to the fire, you might have a case.
2. Causation: You would also need to demonstrate that Mercedes' negligence directly caused the fire. This may require expert testimony and a thorough investigation of the vehicle to determine the cause of the fire.
3. Insurance delay: Regarding your insurance company, a 6-month delay in payment might be considered unreasonable. However, the specific terms of your policy and the circumstances of the claim would need to be reviewed to determine if the delay was justified.
4. Damages: To pursue a lawsuit, you would need to have suffered significant damages, such as property loss, medical expenses, or other financial losses.
Given the complexity of your situation, it would be best to consult with an experienced attorney who specializes in product liability and insurance claims. They can review the details of your case, gather evidence, and advise you on the best course of action. Many attorneys offer free initial consultations, so it may be worth reaching out to a few to discuss your options.
Remember that legal action can be time-consuming and costly, so it's essential to carefully consider the potential risks and benefits before proceeding. Your attorney can help you weigh these factors and make an informed decision.
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