By: barristar
Where a vehicle fault contributes to a collision, the claim may lie against the manufacturer or importer under the Australian Consumer Law rather than, or in addition to, the other driver. Braking, steering and tyre failures are the most common.
These claims are evidence-heavy. The vehicle needs to be preserved and independently inspected before it is repaired or written off, and the service history becomes central — a fault that was reported and not rectified changes the analysis considerably.
Do not authorise repairs or disposal until the vehicle has been examined. Once it is gone, the claim usually goes with it.
A defect claim turns on the maintenance record more often than the crash itself.
