The global market for customized cars is growing at a rate of 4.2% between 2023 and 2033, with North America projected to hold the largest share during this period. With more custom cars on the road, accidents involving these vehicles are also likely to increase. Between 2010 and 2020 alone, road traffic injuries in the United States grew by nearly 34,000 incidents. If you are involved in an accident with a customized vehicle, it’s important to understand your legal rights and options.
Determining Fault
In any accident, a key factor is determining who was at fault. For a standard vehicle, this often comes down to which driver was negligent. But for a customized car, the owner of the vehicle could also potentially be liable depending on the modifications made. Significant alterations to a vehicle like lowered suspension, enhanced horsepower, or disabled safety features could make the car unsafe and lead to an accident. In these cases, the owner may share in the blame. At least 77% of all traffic accidents can be attributed to driver error. Police reports, eyewitness accounts, and expert analysis will help establish whether illegal or dangerous modifications contributed to the crash.
Insurance Claims
Filing an insurance claim after an accident with a customized car can be more complicated than with a factory model. Most standard policies do not cover damage to custom parts or upgrades. The car owner’s policy may also exclude coverage for accidents caused by certain modifications, like changes to the engine or brakes.
Reviewing all policies closely and communicating with both insurance companies if another driver is involved is critical. Photos documenting damage and police reports attributing fault are crucial. Experienced car accident attorneys can help maximize compensation. They’ll help you understand your options and work to ensure you receive the full compensation you’re entitled to for things like medical bills, car repairs, lost income, and other damages.
A car accident lawyer can demonstrate how reckless modifications or poor maintenance led to hazardous driving conditions. Evidence like past citations for illegal modifications or ignored safety recalls would strengthen a claim. The owner, mechanic, and driver could all be named in a lawsuit if negligence with the vehicle modifications contributed to injuries.
Legal Action Against Mechanics
Owners of customized cars could take legal action against mechanics if faulty work contributed to an accident. For example, if inappropriate tires were installed or wheel alignment improperly adjusted, causing a loss of control, the mechanic may be liable.
Proving negligent service will require documentation like invoices and an expert opinion on how the mechanic’s work was substandard. Specific violations of state laws or licensing requirements would also bolster the plaintiff’s case and increase the chances of recovering damages.
Legal Defenses
There are some legal defenses owners of customized cars may raise in accident disputes. Arguing the modifications did not actually cause the accident and pointing to other factors like weather or road conditions could help avoid liability.
Demonstrating the customizations were not radically different from factory specs and within legal limits can also mitigate responsibility. Additionally, if drivers were racing illegally or under the influence, the accident may fall on them rather than the vehicle owner. An experienced attorney can advise on the best defense strategies.
With custom cars growing in popularity across North America, accidents involving these vehicles are likely to increase as well. Understanding fault attribution, insurance claims, injury lawsuits, and potential defenses is key to protecting your rights. A car accident lawyer well-versed in auto accident law can guide customized car owners and accident victims to the best legal resolution.
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