If recently the hood latch on my vehicle failed causing a near miss accident/injury while driving on the interstate, is there any kind of legal action to pursue?

The hood of my car failed causing the hood to fly up inhibiting my vision at 75 mph. I’ve researched online and found numerous similar incidents with the result of the affected party paying for the damages. There is no recall on this from the manufacturer.

Asked on February 15, 2015 under Accident Law, Indiana

Answers:

Anne Brady / Law Office of Anne Brady

Answered 5 years ago | Contributor

There are no damages from a "near miss" accident that never occurred and therefore there is no legal action to pursue here.  You can not successfully sue someone for what might have happened but did not.


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