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85007Re: [toyota-prius] Re: Crushing more EV's

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  • Lee Hart
    Jun 7, 2005
      Lee Hart wrote:
      >> All the auto companies would have to do to sell one of these EVs
      >> is turn in the title for "salvage". Then it is just like every
      >> other car in a junkyard -- no warranty, no liability, no
      >> responsibilities for parts or service, etc.

      Michael Bender wrote:
      > I asked a friend of mine who is a lawyer (graduated Columbia Law
      > School in the late 80's) about this and he said that no piece of
      > paper or contract limiting or removing liability will protect the
      > manufacturer (Toyota or GM in the RAV-4/EV and EV-1 cases that
      > we've been talking about).

      You can find a lawyer who will tell you that EVERYTHING is illegal,
      dangerous, or somebody else's fault so you can sue them. And, you can
      find a hand-picked jury that will agree, especially if you have a crying
      widow as the plaintiff and a huge corporation as the defendant.

      I'm not a lawyer; but I *have* bought junked cars, fixed them, and put
      them back on the road. It's a common practice; MANY cars involved in
      collisions or just plain worn out get scrapped and their titles are
      invalidated; but they later "rise from the dead" when someone fixes,
      retitles, and drives them. In every case I've ever heard of, such cars
      lose all warranty coverage, and the original manufacturer is absolved of
      any obligation to service or maintain them.

      We've had examples of this with the Prius, in fact. There are folks on
      this list that have bought wrecked a wrecked Prius, fixed it, and then
      found that they can't get any warranty coverage from Toyota and have to
      pay for any parts or repairs themself.

      > in the case of something bad happening such as the vehicle exploding
      > or stopping in the middle of the highway, the manufacturer will be
      > found negligent since it is presumed that they have more information
      > about the design of the vehicle and it's potential safety and
      > reliability issues than the purchaser, even though the individual
      > signed his rights away.

      It's possible. If there's a known safety defect in the vehicle, subject
      to a recall from the NHTSA, the manufacturer might be reasonably
      required to fix it even if the vehicle is not otherwise covered by a
      normal warranty. But they are NOT required to fix cars in junkyards or
      that aren't being driven.
      Ring the bells that you can ring
      Forget your perfect offering
      There is a crack in everything
      That's how the light gets in
      -- Leonard Cohen, from "Anthem"
      Lee A. Hart, 814 8th Ave N, Sartell MN 56377, leeahart_at_earthlink.net
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