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tbysstudios
OC, CA
36 blogs/169 comments
since Jul 30 2025

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Do I have a shot in hell
Jul 23 2026 09:07AM more by tbysstudios
Tags: Orange County, Random (All tags)

Okay a few weeks back I posted about needing a second car for the fruit of my loom (and I apologize I need to go back to that blog and follow up)


Well in the interim we had an accident. Well the fruit of my loom did.


While coming to get me and a second load at the old place (we were still moving)


The brakes on my jeep failed and she hit a motorcyclist who hit another car. Not fast, no one was hurt (although motorcycle guy got taken into hospital for evaluation), and my car barely has damage. However it was super scary for her and she did the right thing and called the cops and made it right. But she kept proclaiming the brakes failed. When I have to admit, the cops, everyone, including me, thought maybe it was a texting while driving thing.


At the time it doesn't matter what happened regardless we are at fault.


However when we finally fixed the issue I had to apologize to her. She was right the brakes did fail. She in fact got her self out of a very dangerous situation and is an excellent driver I am very proud. However, my insurance probably won't feel the same way. I imagine.


the brakes failed as it turns out because of a recall that happened back in 2010 but because I did not buy the vehicle until 2011, I did not know. So It was not negligence on my end or bad driving on hers.


I do not want her to get a point on her record and my rates to go up so I want to fight it but am I being silly?

Has too much time gone by now to fault the car maker, dealership, and my car for the accident? Am I dreaming guys or can this fight be won lol?


thanks for reading and any advice I know this is a long one.
      
There are 17 comments on this blog.
loucfirr1
LA, CA
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since Jun 29 2008

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Jul 23 2026 10:16AM     link to this

I dont know if you gonna win, but im tuning in tomorrow for days of our tby!
butthead_5150
AL
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since Jan 30 2016

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Jul 23 2026 10:43AM     link to this

Snowball's chance
x2luv
Arcadia, SGV, LA, CA
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since Jan 26 2023

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Jul 23 2026 10:44AM     link to this

That sounds incredibly stressful. If the recall was officially issued and documented, you have a solid legal argument to fight the claim.
estimated_p
SGV, LA, CA
6 blogs/173 comments
since Feb 6 2011

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Jul 23 2026 10:52AM     link to this

Not a chance.

Have you not had any brake work done since 2011 when you purchased the vehicle?
arnie
SFV, LA, CA
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since May 28 2008

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Jul 23 2026 12:35PM     link to this

i would have thought that any work completed on that vehicle since the recall, the recall would have popped up related to the VIN number if ever run thru a service centre.

and that the work would have been completed cost free under the recall notification.

Also is vehicle was sold post the recall being announced the VIN would have triggered a notification of manufacturer work to be completed

just my 2c.



TomD92801
OC, CA
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since Dec 16 2009

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Jul 23 2026 12:59PM     link to this

Check to see if it was repaired in accordance with the recall and if it wasn't have it repaired.

Then present the evidence to your insurance company.

They may accept it.

Good luck!
tbysstudios
OC, CA
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Jul 23 2026 01:44PM     link to this

I am an original owner from dealer, it was a brand new car. Brake work yes, just as routine maintenance though. All documented by the man who has done it for the last ten years, a good friend of mine but not a mechanic with record that way.


I didn't think I had a chance. But I wanted to check and figured a strong opinion in one direction would form here. Even if it wasn't in my favor. I need my energy for the actual litigation I am in and think I will win so I will redirect this energy..

thanks everyone I won't probably try then. I will bend over and take my lashing. At least no one was hurt it could of been way worst for me as mom in particular
bwana
Santa Monica, LA, CA
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Jul 23 2026 02:43PM     link to this

You may want to contact the car manufacturer. They are the party legally responsible to notify you about the recall, not the dealer.

Demand satisfaction.
TomD92801
OC, CA
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Jul 23 2026 03:04PM     link to this

You should at least check to see if the repair was ever performed. Just bringing it to a jeep dealer will answer that question for you. Then go from there.

You have to be more proactive in these situations, especially if the repair has never been done!

Or risk another accident. It's up to you.
AFMadness
Inland Empire, CA
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since Aug 17 2009

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Jul 23 2026 05:41PM     link to this

Did your address change after the purchase of the Jeep ? If so, did the Post Office receive a change of address card ?

If the dealer sent the Notice, what address did it go to ? Do they have proof of mailing ?
.

nikkybold
Irvine, OC, CA
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since Feb 17 2011

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Jul 23 2026 06:02PM     link to this

Wait, the recall happened in 2010 and you purchased the car NEW from a dealer in 2011? In that case, it was the dealer's responsibility to make sure that the recall work was done prior to your taking delivery. I believe the dealer has responsibility here. The only question is whether the statute of limitations has run. If they just didn't do the recall repair and you simply didn't know, then the issue is an interesting one. If they lied about the recall repair (said they did it, but didn't), then they have a problem as that would constitute fraud. The question is whether the cause of the incident and the brake failure was the lack of the recall repair or the fact that brake pads or routers were worn out. Only been an attorney for 40 years, so what do I know? Good luck.
loucfirr1
LA, CA
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Jul 23 2026 06:12PM     link to this

40 years huh? Let's say this evil woman stole my friends hamster. Let's call him hammy. How long does it take for her to establish sqatter rights on poor hammy? Does adverse possession or finders keepers losers weepers come in to play?
butthead_5150
AL
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Jul 23 2026 06:13PM     link to this

nikkybold

Congratulations on passing the bar at 23.
TomD92801
OC, CA
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Jul 23 2026 06:45PM     link to this

I think the clock doesn't start running on the statute of limitations until the misdeed is discovered by the wronged individual.

You can simply call a dealer and give them your VIN to determine if the recall repair was performed on your vehicle.

If it wasn't, the first thing you should do is get it repaired. I'm not sure what kind of remedy you would pursue if the original seller hadn't performed the recall repair before selling you the vehicle.

But you should definitely contact your insurance and explain that the recall issue was the actual cause of the accident if the repair had not been performed.

Or just let it go.
MyGuy
Irvine, OC, CA
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Jul 24 2026 03:23AM     link to this

What did the authorized car dealer say when you reached out?
estimated_p
SGV, LA, CA
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since Feb 6 2011

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Jul 24 2026 08:06AM     link to this

Bottom line,

None of this really matters as the consumer does actually bear the burden of knowing if there is a recall on their vehicle.

Any VIN can be searched to check on NHTSA website.

While that may seem onerous on the consumer - it makes a ton of sense, eliminates the excuse of no one told me.

Johnnie.Rudolph
West Hollywood, LA, CA
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Jul 24 2026 09:04AM     link to this

I think you meant to say "Do I have a snowball's chance in Hell"?

And sorry, no, you don't

There are 17 comments on this blog.