If your new or used vehicle in Cool, California repeatedly fails despite repairs, you may qualify for a buyback under California lemon law. Law Republic APC helps vehicle owners in El Dorado County understand when a buyback claim is appropriate, what documentation to gather, and how the process typically unfolds. We focus on protecting consumer rights and pursuing reimbursement for purchase price, repair costs, and other potential remedies. This introduction outlines what to expect and why timely action matters when the vehicle continues to suffer from substantial defects that impair safety, value, or use.
This page is tailored to residents of Cool and surrounding communities in El Dorado County who need clear information about vehicle buyback claims under California law. We explain how manufacturers, dealers, and consumers interact in buyback scenarios, the role of notice and repair attempts, and how documentation like repair orders, purchase invoices, and warranty records supports a claim. If the vehicle cannot be corrected after a reasonable number of repair attempts, you may be entitled to a repurchase or replacement. Our goal is to give you practical steps and realistic expectations for pursuing a buyback claim.
Pursuing a vehicle buyback in Cool can restore your financial position and relieve you of the ongoing burden of an unreliable vehicle. A buyback may result in reimbursement for the vehicle purchase price, payments made, and in some cases additional damages or reimbursement of fees and taxes. Beyond compensation, a successful claim removes a vehicle that has unsafe or persistent defects from your life and can deter manufacturers from neglecting warranty obligations. Understanding these benefits helps you decide whether to pursue a buyback or explore other remedies like replacement or negotiated settlements with the manufacturer.
Law Republic APC represents consumers across California, including Cool and El Dorado County, in lemon law and vehicle buyback matters. Our team handles communications with manufacturers and dealers, compiles repair histories and warranty documentation, and guides clients through the administrative and litigation processes when necessary. We aim to resolve claims efficiently while protecting client rights and maximizing potential recovery. When you contact our office, you will speak with professionals familiar with California lemon law and the specific issues that arise for vehicle owners in rural and mountain communities around Cool.
A vehicle buyback claim arises when a vehicle has a substantial defect that the manufacturer cannot repair after a reasonable number of attempts, or when the vehicle is out of service for repair for an extended period. California law provides statutory remedies for qualifying purchasers and lessees, often including repurchase or replacement of the vehicle and reimbursement for certain costs. Key factors include the nature of the defect, repair attempts recorded, warranty coverage, and whether the problem substantially impairs the vehicle’s use, value, or safety. Knowing these elements helps owners in Cool evaluate whether a claim is viable.
Documented communication with the dealer and manufacturer, repair orders, and diagnostic reports are central to proving a buyback claim. Consumers should keep detailed records of all repairs, dates, and correspondence. Timely notice to the manufacturer and a clear demonstration that reasonable repair opportunities were provided can strengthen a claim. Some disputes are resolved through direct negotiation or arbitration, while others proceed to court. Understanding the procedural options and likely timelines helps Cool residents make informed decisions about the best path toward a buyback or other resolution.
A vehicle buyback typically means the manufacturer repurchases the vehicle from the consumer, often reimbursing the purchase price minus a reasonable allowance for use. Under California law, this remedy is available when defects substantially impair the vehicle and cannot be repaired after reasonable attempts. The buyback process involves proving the defect, showing repair history, and demonstrating the failure to cure the problem. Consumers may also recover related expenses, and claims can be pursued through settlement, administrative procedures, or litigation depending on the circumstances. Understanding this process helps owners in Cool evaluate the remedy that best addresses their situation.
Successful buyback claims typically rest on a few core elements: a qualifying defect, documented repair attempts, warranty coverage, and an inability of the manufacturer to fix the problem within a reasonable timeframe. The process often begins with documenting the issue and providing the manufacturer a chance to repair through the dealer network. If repairs fail, the next steps include compiling records, sending formal notices when required, and negotiating a resolution. If negotiation fails, claims may proceed to arbitration or court. Clear documentation and timely action are essential throughout the process to preserve legal rights.
Understanding common terms used in buyback and lemon law claims can demystify the process and help you communicate more effectively with dealers, manufacturers, and counsel. This glossary defines terms such as manufacturer, dealer, warranty, substantial impairment, reasonable number of repair attempts, and repurchase formula. Familiarity with these terms helps Cool residents collect the right documents and understand each stage of a claim. If you are unsure how a term applies to your situation, seek clarification early to avoid missteps and strengthen your position in negotiations or proceedings.
Substantial impairment refers to a defect or condition that significantly reduces the vehicle’s safety, value, or use. Determining whether an issue rises to this level involves looking at how the defect affects daily driving, resale value, and safety systems. Repeated failures of critical components like brakes, steering, or engine systems often qualify, as can persistent electronic or structural defects that cannot be corrected. For Cool residents, documenting how the defect affects usability and safety on local roads and mountain routes can be persuasive when asserting substantial impairment in a buyback claim.
A reasonable number of repair attempts is a legal concept referring to the number of times a manufacturer or dealer must be given the opportunity to fix a defect before a buyback is appropriate. The exact number depends on the nature of the defect, seriousness, and whether the vehicle remains out of service for long periods. In California, repeated unsuccessful repairs for the same problem or extended downtime due to multiple repair visits are strong indicators that a reasonable number has been reached. Maintaining detailed repair records helps establish this element in Cool-area claims.
Warranty and coverage refer to the protections provided by the manufacturer at purchase, including express warranties and implied promises about a vehicle’s condition. Coverage determines whether the manufacturer is responsible for repairs and whether those repairs must be provided at no additional cost. Warranty periods, service contracts, and specific exclusions affect the scope of a buyback claim. Cool residents should review purchase contracts and warranty documents carefully, and preserve receipts and service records that prove the issue falls within warranty coverage to support any buyback demand.
Repurchase calculation refers to the formula used to determine the amount a manufacturer must pay to repurchase a defective vehicle. Typically, the calculation starts with the purchase price and subtracts a reasonable offset for the consumer’s use of the vehicle, as well as adjustments for sales tax or financing. Additional recoverable items may include certain repair costs and fees. Understanding how repurchase is calculated helps Cool residents estimate potential recovery and decide whether settlement offers are fair. Accurate mileage and purchase documentation are important for this calculation.
When confronting a defective vehicle, owners can pursue several remedies including a buyback, replacement, or continued repair with additional protections. A buyback removes the vehicle and compensates the owner, while replacement provides a new or comparable vehicle. Continued repair might be suitable for minor issues that are resolvable. The best option depends on defect severity, repair history, warranty terms, and personal preferences. Residents of Cool should weigh potential recovery amounts, timelines, and the inconvenience of each option to choose the path that best restores their position and safety.
A limited approach, such as pursuing additional repairs rather than a buyback, can be appropriate when the defect is isolated, easily repaired, and does not affect safety or substantially diminish the vehicle’s value. If the problem has a straightforward fix and the dealer provides timely, durable repairs, continuing with warranty service may make more sense than beginning formal buyback proceedings. For Cool drivers, consider whether the defect interrupts daily use on local roads or is an occasional nuisance; that assessment helps determine whether a limited approach suffices.
If a dealership and manufacturer respond quickly to repair needs, provide clear timelines, and demonstrate a willingness to resolve the issue, a limited approach focused on repairs may be reasonable. Prompt and effective repairs reduce the inconvenience and may restore the vehicle to an acceptable condition without escalated claims. Keep careful records of all interactions and repairs so you can reassess if the problem recurs. Consumers in Cool should balance the convenience of repair against the risk of recurring problems when deciding whether to accept continued warranty repairs.
A comprehensive claim such as a buyback becomes necessary when defects persist after multiple repair attempts or when they pose safety risks. Recurrent failures erode confidence in the vehicle and can make driving hazardous. In those situations, pursuing repurchase or replacement protects your safety and financial interests by removing an unreliable vehicle from service. Consumers in Cool should document every repair visit and any safety-related incidents to support a comprehensive claim that seeks full remedies available under California law.
When a defect significantly diminishes resale value, usability for daily needs, or overall reliability, a comprehensive remedy is often justified. Chronic transmission issues, persistent engine failures, or unresolved electrical problems frequently justify repurchase because they substantially impair the vehicle’s purpose. For residents of Cool who rely on their vehicles for commuting, errands, and travel in mountainous terrain, loss of reliability can be particularly burdensome. Pursuing a buyback or replacement can restore financial fairness and prevent continued exposure to repair costs and inconvenience.
A comprehensive approach to a buyback claim can provide clear financial remedies and remove an unreliable vehicle from your possession, reducing ongoing stress and repair expenses. Repurchase often compensates for purchase price and may include recovery of certain fees and repair costs, offering a path back to financial equilibrium. Additionally, asserting a full claim can push manufacturers to improve warranty responses and repair quality, benefitting other consumers. For Cool residents, the relief of having a defective vehicle repurchased can be substantial, facilitating replacement with a reliable vehicle and restoring peace of mind.
Beyond monetary recovery, pursuing a comprehensive claim clarifies legal rights and creates a formal record of the defect, repairs, and the manufacturer’s responses. This record can be important for negotiating a fair settlement or presenting a strong case in arbitration or court if needed. A full claim also helps define expectations for timelines and compensation rather than leaving outcomes to uncertain repair attempts. For those in Cool and El Dorado County, acting decisively can limit the time spent dealing with repeated breakdowns and enable a timely transition to a dependable vehicle.
One major benefit of a buyback is the potential for significant financial recovery, including the vehicle purchase price and possibly additional costs related to repairs, taxes, and fees. Recovering these amounts helps offset the financial impact of owning a defective vehicle and can restore funds needed to purchase a reliable replacement. Accurately documenting purchases, financing details, and repair expenses strengthens your position when seeking full repayment. For vehicle owners in Cool, a proper repurchase can be the most direct way to resolve ongoing losses associated with a persistently malfunctioning vehicle.
A buyback addresses persistent safety and reliability concerns by transferring the defective vehicle back to the manufacturer and freeing you from future repair uncertainty. This remedy reduces the risk of breakdowns in remote or mountainous areas that surround Cool, and prevents recurrent time and financial costs associated with repeated repair visits. For households that depend on one vehicle for work, school, and errands, eliminating the ongoing liability of an unreliable car has practical and emotional benefits. A buyback can therefore restore both safety and functional stability to your daily life.
Keep every repair order, invoice, and correspondence with the dealer and manufacturer in a single file, whether paper or digital. Repair records provide the essential proof that the vehicle underwent multiple repair attempts and help establish the timeline of issues. Include dates, descriptions of problems, mileage at each visit, and any written statements from technicians. For Cool residents, documenting service in local shops and franchised dealers alike creates a clear history that strengthens a buyback claim and reduces disputes about repairs and attempts to cure the defect.
If repairs do not resolve the issue after multiple attempts, seek guidance promptly to understand options and deadlines. Early consultation can help you assemble documents, calculate potential recovery, and pursue the most effective remedy. Acting sooner reduces the risk of missed statutory deadlines and can improve negotiation leverage with manufacturers. For drivers in Cool and El Dorado County, timely action is particularly important when travel to service centers is infrequent or when a defect affects daily safety and use.
Consider pursuing a buyback when a vehicle experiences persistent mechanical, electronic, or structural failures that significantly interfere with normal operation or safety. Recurrent repairs, long periods out of service, and ongoing expenses are indicators that a buyback may be the most appropriate remedy. Buyers and lessees in Cool should weigh the long-term costs of continued repairs against the potential recovery through buyback, including reimbursements for purchase price, repairs, and certain fees. A buyback can provide a fresh start without the ongoing burden of a malfunctioning vehicle.
Another reason to pursue a buyback is when the defect compromises the vehicle’s resale value or creates repeated inconvenience that diminishes quality of life. Persistent failures can interfere with work, errands, and travel in rural and mountainous areas around Cool, where reliable transportation is vital. If the manufacturer has had repeated opportunities to correct the issue without success, a buyback claim can seek fair compensation and prevent further expenditures on a problematic vehicle. Well-documented claims are more likely to produce satisfactory outcomes.
Buybacks commonly arise from defects like transmission failure, engine stalling, persistent electrical faults, or recurring safety system malfunctions that remain unresolved after multiple repairs. Extended periods where the vehicle is in the shop, or defects that present safety hazards on local roads or steep terrain, also frequently prompt buyback demands. Warranty coverage, repair timelines, and records of service are central to these claims. Residents of Cool should focus on gathering all repair documentation and describing how the defect impairs day-to-day use in their unique driving environment.
Transmission or engine failures that recur despite repeated repairs are a common basis for buyback claims because these systems are fundamental to safe operation and vehicle value. Frequent breakdowns, slipping gears, stalling, or loss of power that persist after attempts to repair indicate a systemic problem. For Cool drivers, such failures can be particularly hazardous on inclines and winding roads. Detailed repair history, mileage records, and any safety-related incidents documented around these failures strengthen the case for repurchase under California law.
Recurring electrical or electronic problems, including failures of safety-related systems like airbags, braking controls, or critical sensors, can justify a buyback when they remain unresolved. These issues can create intermittent performance problems that are hard to diagnose and may reappear quickly after repair. Good documentation of symptom patterns, technician findings, and unsuccessful repair attempts helps establish that the manufacturer could not cure the defect. For residents of Cool who rely on safe and reliable electronics for daily travel, these persistent faults often signal the need for stronger remedies.
Chronic problems that return after multiple repair attempts, even if not directly safety related, can substantially reduce a vehicle’s value and usability and justify a buyback. This includes ongoing drivability issues, repeated leaks, or unresolved structural problems that affect performance and comfort. The cumulative financial and time costs of repeated repairs often exceed the inconvenience of pursuing a formal claim, making repurchase a practical remedy. Cool-area vehicle owners should log each repair episode and note how recurring defects affect daily routines and travel plans.
Law Republic APC provides guidance to residents of Cool, California seeking buyback or lemon law remedies, helping to collect documentation, evaluate claims, and communicate with manufacturers. If you are experiencing repeated failures and want to understand your options, we can review your repair history and advise on likely outcomes. We aim to simplify the process and explain what you need to do to preserve your legal rights. Contact our office to begin assembling records and discussing the potential for repurchase, replacement, or negotiated resolution tailored to your situation.
Law Republic APC helps vehicle owners in Cool and El Dorado County navigate the often complex procedures associated with buyback claims. We manage communications with manufacturers and dealers, organize repair documentation, and pursue remedies designed to restore financial fairness. Our approach emphasizes clear communication, practical advice, and diligent documentation to build strong claims. When you work with our team, you will receive guidance on what records are needed and how to proceed through negotiation, arbitration, or litigation if necessary.
We understand the specific challenges that Cool residents face, including travel to service centers and the impact of vehicle failures on daily life in a rural and mountainous region. Our representation considers these realities when advocating for repurchase, replacement, or other remedies. By focusing on realistic resolutions and protecting your rights under California law, we help clients evaluate offers and choose the path that best restores their position. Our goal is to reduce the stress and financial burden associated with owning a defective vehicle.
If you are considering a buyback, our team can help you compile a persuasive record, calculate potential recovery, and approach the manufacturer with well-supported demands. We emphasize timely action, careful documentation, and proactive negotiation to pursue the outcome that best addresses your needs. Contact Law Republic APC for an initial review of your situation and to learn about the options available for resolving persistent vehicle defects in Cool and El Dorado County.
Our process begins with a thorough review of your purchase documents, repair records, and warranty information to determine whether a buyback claim is appropriate. We then advise on evidence to collect and prepare formal communications to the manufacturer. If negotiation does not resolve the matter, we prepare claims for arbitration or court and represent your interests in those proceedings. Throughout, we provide regular updates and explain realistic timelines and potential outcomes. Our goal is to pursue a result that removes the defective vehicle and secures fair compensation in a timely manner.
The initial intake involves collecting purchase contracts, repair orders, warranty documents, and any dealer or manufacturer correspondence. During this stage, we evaluate whether the defect and repair history meet the criteria for a buyback claim under California law and identify any procedural requirements or deadlines. We also advise on additional documents to gather, such as towing records or rental car bills, that may enhance recovery. Clear, complete records from this first stage build the foundation for a successful claim and help avoid delays later in the process.
Collect copies of the sales contract, vehicle identification number, warranty paperwork, repair invoices, and communications with the dealer and manufacturer. Mileage records at each repair visit are particularly important, as they help demonstrate the timeline and frequency of defects. If you have service receipts from independent mechanics as well as franchised dealers, include both. For residents in Cool, assembling a complete chronological file of documents makes it easier to show that the manufacturer had a reasonable opportunity to repair the problem.
After reviewing records, we discuss potential remedies, likely outcomes, and the strategy best suited to your circumstances, whether negotiation, arbitration, or litigation. We explain the repurchase calculation and identify what additional proof may be required. This discussion also covers practical considerations, such as timelines for resolution and the potential impact of accepting settlement offers. For vehicle owners in Cool, this step clarifies expectations and ensures you understand the likely path forward and the documentation needed to pursue a buyback successfully.
Once records are compiled, we present a formal demand to the manufacturer outlining the defect history, repair attempts, and requested remedies, such as repurchase or replacement. Our team handles negotiations and evaluates settlement offers to determine whether they meet your objectives. Many claims can be resolved at this stage through direct settlement, avoiding arbitration or litigation. For Cool residents, negotiating with the manufacturer while having a well-documented file often yields a faster and more predictable resolution.
The demand package includes a chronological repair history, copies of invoices and communications, and a clear statement of requested remedies and calculations. Presenting the facts in a concise, documented format increases the likelihood of a fair settlement. We also include legal grounds for the repurchase calculation and any supporting evidence of safety or reliability concerns. For residents of Cool, a persuasive demand package highlights the practical impact of the defect and underscores the basis for seeking a buyback rather than continued repairs.
Negotiations involve evaluating offers from the manufacturer and advising you on whether to accept, counter, or escalate the claim. We factor in the strength of the documentation, the inconvenience experienced, and the financial remedies available under California law. If settlement is unlikely, we prepare to proceed to formal dispute resolution while continuing to seek favorable terms. For many Cool-area clients, skilled negotiation produces acceptable outcomes without the time and expense of formal proceedings, allowing a return to reliable transportation sooner.
If negotiation does not achieve an acceptable result, claims may proceed to arbitration or court depending on the vehicle’s contract terms and circumstances. At this stage, we file necessary pleadings, present evidence, and advocate for full remedies such as repurchase, replacement, and reimbursement of allowable costs. Arbitration is common in auto warranty disputes and may offer a specialized forum for resolving manufacturer claims efficiently. For Cool residents, formal dispute resolution provides a definitive path to recovery when manufacturers do not offer fair settlements.
Preparation includes finalizing the evidentiary record, drafting legal submissions, and developing a clear narrative that connects the defect history with the requested remedies. We ensure all documentation is organized for presentation and that witness statements or expert analysis, if needed, are compiled. The goal is to present a convincing case that demonstrates the manufacturer failed to cure a substantial defect. For Cool clients, careful preparation improves the chances of a favorable award or judgment that secures repurchase or replacement.
Following arbitration or litigation, successful outcomes can include vehicle repurchase, replacement, and reimbursement for related costs. We oversee implementation of awards or judgments to ensure manufacturers comply with the terms. If additional steps are needed to collect or enforce remedies, we assist in completing those tasks. For vehicle owners in Cool, a resolved claim enables you to move forward with a dependable vehicle and closure on the financial and practical problems caused by a defective vehicle.
A vehicle may qualify for a buyback under California law when it has a defect or condition that substantially impairs the vehicle’s use, value, or safety and the manufacturer cannot repair the problem after a reasonable number of attempts. Factors include the nature of the defect, its impact on drivability and safety, and the documented repair history. Having warranty coverage during the defect period also affects eligibility, so review purchase and warranty documents carefully. To strengthen a buyback claim, collect detailed repair orders, correspondence with the dealer and manufacturer, and records of downtime and expenses. A clear chronology of repair attempts and any safety incidents supports the argument that the defect is persistent and could not be remedied, which is central to obtaining repurchase or replacement remedies under the law.
There is no fixed number of repair attempts that automatically qualifies a vehicle for buyback; the term reasonable number of attempts varies with the defect’s nature and seriousness. Repeated unsuccessful repairs for the same issue or extended periods out of service are strong indicators that a reasonable number has been reached. Safety-related defects may require fewer attempts before a buyback is justified, while less serious issues may require more. Document each repair visit, the problem reported, and any technician notes to show a pattern of unsuccessful cures. This documentation is critical when negotiating with manufacturers or presenting the case in arbitration or court, as it demonstrates that sufficient opportunities to repair the defect were provided but failed to resolve the problem.
Gather the sales contract, financing documents, vehicle registration, every repair invoice or service order, warranty paperwork, and any correspondence with the dealer or manufacturer. Include mileage at each repair, dates of service, and detailed descriptions of symptoms reported to technicians. Receipts for towing, rental cars, and out-of-pocket repair expenses can also support recovery claims. Photos and notes about how the defect affects drivability can be helpful as well. Organize documents chronologically and keep copies in a secure file, either digitally or on paper. Proper organization makes it easier to present a persuasive demand to the manufacturer and helps streamline any negotiations, arbitration, or litigation that may follow if a satisfactory resolution is not reached.
Repurchase calculations typically start with the vehicle purchase price and include adjustments for a reasonable offset based on consumer use, usually calculated by mileage. The manufacturer may deduct a usage offset from the repurchase amount, and some calculations also account for sales tax and certain fees. In some cases, reimbursement for repair costs and incidental expenses may also be recoverable depending on the claim and legal framework. Accurate mileage records, the original purchase price, and documentation of payments and fees are critical for estimating potential recovery. We review these items to produce a realistic repurchase figure and to assess whether manufacturer settlement offers are fair relative to what you could obtain through formal proceedings.
Repair costs that were required to address warranty-covered defects may be recoverable if they relate directly to the buyback claim, and out-of-pocket expenses such as towing and certain rental car fees may also be included in some recoveries. Keep receipts for any costs you want to claim and document why they were necessary due to the defect. This documentation helps support requests for reimbursement when negotiating a settlement or presenting a claim. Not all costs are guaranteed to be recovered, and eligibility can depend on the specifics of the warranty, repair history, and the chosen remedy. We review your receipts and advise which costs are likely to be recoverable and how best to present them to maximize possible reimbursement in the context of a buyback claim.
Many buyback claims are resolved through negotiation or arbitration without the need for a full court trial, especially when the demand package is well-documented and persuasive. Arbitration is commonly used in auto warranty disputes and can provide a relatively efficient forum for resolution. However, if arbitration is unavailable or not required by contract, some claims do proceed to court, particularly when settlement efforts fail or statutory remedies are contested. We evaluate the best path for your case based on the vehicle contract, the strength of the evidence, and your goals. We pursue negotiated resolutions when possible, while preparing to proceed to arbitration or litigation if necessary to achieve a fair result for vehicle owners in Cool and El Dorado County.
The timeline for a buyback varies widely depending on factors such as the completeness of documentation, the manufacturer’s responsiveness, and whether the matter settles or proceeds to arbitration or litigation. Simple settlements can be reached in a matter of weeks to a few months, while contested claims that go to arbitration or court can take many months or longer. Gathering documentation promptly and responding to requests accelerates the process. Geographic factors, such as travel time to service centers around Cool, can affect how quickly repairs and communications occur. We work to streamline the process, keep you informed at each stage, and pursue timely negotiation to avoid unnecessary delays while preserving your rights under California law.
A partial settlement from the manufacturer may be acceptable in some situations, but you should carefully evaluate whether it fairly compensates for the purchase price, repairs, and inconvenience caused by the defect. Consider the repurchase calculation, reimbursements for repair costs and fees, and whether the settlement removes the defective vehicle from your responsibility. Partial offers should be compared against likely recoveries through formal resolution. We can review any offer and advise whether it reflects a fair outcome given your documentation and legal options. If an offer falls short, we can continue negotiations or prepare to pursue arbitration or litigation, while explaining the potential risks and benefits of each path so you can make an informed decision.
California state law governs lemon law claims, so your location within the state typically does not restrict your legal rights, but practical factors like proximity to authorized service centers and available dealerships can influence repair opportunities and timelines. Residents of Cool should document travel distances, service availability, and any additional burdens caused by the defect to show the real impact on daily life. Local conditions can also affect the practicalities of pursuing repairs and gathering evidence. We represent clients across California, including Cool and El Dorado County, and understand how local factors can enter into a claim. We advise on the best approaches given your location and work to minimize inconvenience while pursuing remedies that reflect the full impact of the defect on your situation.
To start a buyback claim with Law Republic APC, contact our office to schedule an initial review and provide your purchase and repair documents. During the review we assess the repair history, warranty coverage, and potential remedies. We then recommend next steps and help you gather any additional documentation needed to support a persuasive claim, including communications with the dealer and records of related expenses. Once we have the necessary records, we prepare a formal demand and initiate communications with the manufacturer on your behalf. If settlement is not achievable, we advise on arbitration or litigation and represent your interests through those proceedings. Our goal is to pursue a resolution that fairly addresses the inconvenience and losses caused by a defective vehicle.
