My 2012 Chevy Cruz had a recall for breaks. My breaks gave out and I just had purchased it a month before. Dealership never made me aware of this. Who is to blame?

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My 2012 Chevy Cruz had a recall for breaks. My breaks gave out and I just had purchased it a month before. Dealership never made me aware of this. Who is to blame?

My car lost all braking power on a Saturday night. It sent me through a fence and place of business. I have full coverage through Direct. They classified car as totalled. And sent me the paperwork which had seven recalls on my car. One of which was faulty breaks. I don’t feel my insurance company should pay.I feel I am being had.

Asked on January 1, 2017 under Accident Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's not up to you whether your insurer should pay if you submitted a claim to them: it's up to the insurer whether to seek reimbursement from the manufacturer or dealer for any amounts they pay out to you under the policy. Once you submit a claim, assuming it is a covered loss and the insurer pays, the insurer decides what to do about fault and recovering their money.
You would have had the right to not contact your insurer or submit a claim, but to instead sue the dealer or manufactuer, if you believe one or both were liable, but would have to sue to get the money if one or both did not voluntarily compensate you. People sometimes choose to not use their insurance, but rather to try to recover the money themselves.


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