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November 24th, 2015 03:29 PM #1141
Food for thought for would be montero sport SUA claimants and Uzi's alike:
1. To establish liability you have to prove the cause , i.e. the existence of the defect, whether electrical or mechanical, of the vehicle.
2. Further, you have to prove that such defect was present in the vehicle that was subject of SUA. It's likely you'll need expert witnesses or engineers to testify to these.
3. You have to prove that the manufacturer was aware of this defect and hid the same from the general public or to its buyers.
4. You have to prove the extent of damage you suffered by reason of the SUA. If it's limited to the vehicle, then it's easy. If you've been compensated by your insurer, then it's likely that the insurer has been subrogated to your rights.
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November 24th, 2015 03:29 PM #1142
^
Numbers is not proof
Even if all unhappy Montero owners and the 4,000 or 400,000 names posted the same SUA story above on social media, it still not enough proof. Viva Voce or strength in numbers won't work here. Impartial lawyers will tell you that huge numbers parroting the same incident cause is not sufficient proof. Why? Because for these claims of SUA to be believable, said SUA prone vehicles must be able to duplicate and repeat the SUA again, preferably witnessed by the owner, together with impartial and objective witnesses, relevant government agencies, experts and even the court itself. All it takes is for one SUA incident to be duplicated by one and the same "guilty" Montero. And that seems to be a problem of most of the Montero claimants. Try as they might, the SUA never seems to repeat itself under the same conditions. Wrong loading i.e. loading gasoline in a diesel Montero, will make the vehicle surge, but if claimants think they can fool an investigating panel, think twice as lab tests of the loaded fuel is quick and accurate. And it will also harm the engine. Court arbiters will have no choice but to find favor for the defense as there is no incontrovertible proof that some computer glitch caused the SUA and its not the triple bound floor mats or the driver's Crocs being 3 sizes too big.
Read more: http://www.autoindustriya.com/the-in...#ixzz3sO6YjWAY
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Follow us: *autoindustriya on Twitter | AutoIndustriya on FacebookLast edited by Monseratto; November 24th, 2015 at 03:32 PM.
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November 24th, 2015 04:29 PM #1143
Problem----> reaction-----> cause/result.
either human error yan or technical glitch/problem.
kung alam ang dapat gawin, walang accident na mangyayari...
kahit tahimik na naka-park ang sasakyan, involved sa accident yung mga sasakyan pa kaya na merong driver.
Understand?
Sir Djerms,
Kahit anong brand pa at classification ng sasakyan, kahit anong safety features ang ilagay.. pero kung yung mismong gumagamit ay hindi alam ang gagawin...
useless din yung mga safety features...
Driving knowledge, skills and experience... yan po ang pinaka-importante.
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November 24th, 2015 04:39 PM #1144
About sa Alleged SUA,
karamihan na involved puro mga Diesel Engines...
dapat affected na ang strada kung meron talagang defect. (glitch/error sa ECU/sensors)
Wala akong nabasa sa mga statement na merong involved na 3.0 V6 version...
Isang malaking kalokohan na pag merong MT na nag SUA...
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November 24th, 2015 04:59 PM #1145
Oh ayan, ang ingay niyo daw kasi. Mainit-init pa.
http://www.autoindustriya.com/auto-i...on-claims.html
Huwag na lang bumili MS kng wala tiwala. Hindi naman pilitan yan eh.
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November 24th, 2015 05:12 PM #1146
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November 24th, 2015 05:23 PM #1147Lol, natural walang issue. Love your own. Tsaka hapon yun nag inspect, natural sabihin nila cannot be recreated. Kasi kung ma recreate nila, mag harakiri sila. Lol.
Kidding aside, the noise being made regarding SUA, hopefully, keeps the car manufacturers on their toes in terms of quality control.
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November 24th, 2015 05:35 PM #1148
sa mga may AT na sasakyan, papaano kayo mag launch from a completely standstill position (parked and engine off)? here is mine:
1. press brake pedal using right foot
2. start engine and give it at least 10-15 secs to warm up the engine and let oil to circulate properly sa engine.
3. still pressing on the brake pedal, shift the transmission lever from P to R or D (it depends kung saang direction ako pupunta).
4. release the right foot from the brake pedal and start to press the accelerator pedal using the right foot until reaching the desired speed.
I do believe na if any SUA happened during the time na mag shift ako from P to R or D, di makakaandar ang oto ko dahil from the moment na mag WOT na yung engine, nakatapak na ako sa brake or if ever na umandar yung oto due to strong engine torque, it will not be like from complete standstill to 100kph in a matter of few seconds. I also believe na ang brake system is still independent from the full control of the ECU so there will be no chance na ma disable ng ECU yung brake system.
so IMHO, SUA=driver's error
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November 24th, 2015 05:45 PM #1149
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November 24th, 2015 05:48 PM #1150
Understand what now?
You forgot the element of time. Almost any driver, given ample time to focus and analyze an unknown problem, could postulate a corrective measure. But if the occurrence is abrupt, immediate, unintended, and violent, most will not be able to correct it in time. Hence, before most could even figure out what's going on, they're already bearing down on a concrete wall.Last edited by oj88; November 24th, 2015 at 05:51 PM.