I have 2016 Mazda cx-9 GT and the other day i was driving with my 17 month old and my car "Smart City Brake Support

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Customer: i have 2016 Mazda cx-9 GT and the other day i was driving with my 17 month old and my car "Smart City Brake Support Malfunctioned' while i was on the highway in the fast lane trying to by pass a vehicle where it went into limp mode and started braking for me and i wasnt able to gain any control over the vehicle and it died in the lane i almost got rear ended by a pickup truck aswell i took it to the dealer there was a tsb for it but i have now driving anxiety and if we wouldve been hit my son wouldve been killed
JA: What state are you in? It matters because laws vary by location.
Customer: im in ontario canada
JA: What steps have you taken so far?
Customer: i contacted mazda Canada and they havent gotten back to me still
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that is everything
Answered by ToLawyer in 5 mins 8 months ago
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ToLawyer
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ToLawyer
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Jessica

Jessica

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ToLawyer, Expert

Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.

Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.

Customer
no problem
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ToLawyer, Expert

Let me take a look here.

Customer
thanks
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ToLawyer, Expert

How long ago did this happen?

Customer
on friday afternoonj
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ToLawyer, Expert

Did the dealer look into the issue? Have then confirm that there was something faulty with the vehicle?

Customer
Hi
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ToLawyer, Expert

Do you have that in writing from the mechanic? Are they going to be fixing the issue?

Customer
they confirmed there were two codes on that were part of a tsb on my vehicle
Customer
they reprogrammed it but cant make a gurantee that it wont fix it
Customer
that would cause the issue i had
Customer
but there isnt a "recall" for it
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ToLawyer, Expert

Was the car purchased used?

Customer
i had to pay for my vehicle to be towed and for the inspection and yes
Customer
the other dealership screwed me
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ToLawyer, Expert

When was the car purchased?

Customer
they told me the car was safetied it wasnt the tires were bald and cupped the day that it was "safetied" and there was a chip in the windsheild in my sweep on th drivers side
Customer
october 28th 2020
Customer
2021
Customer
Hi
Customer
i have all the paperwork and emails for those issues aswell
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ToLawyer, Expert

Is this the same dealer that sold you the vehicle?

Customer
no
Customer
i bought it from a dealership called autorama in toronto
Customer
i brought my vehicle to be inspected and for when my vehicle malfunctioned to st.catharines Mazda
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ToLawyer, Expert

Ok. You need to get the error report from the dealer doing the repairs, I would recommend you get a detailed explination if at all possible. You may potentially need to sue Autorama in Toronto for a potential negligent misrepresentation. They appear to have misrepresented the condition of the vehicle.

Customer
i have all of that
Customer
they were so disgusting to deal with they wanted me to drive the "unsafetied car" back to toronto when the tires were bald and cupped and i fought them to pick it up and i said i wanted new tires they gave me the wish chinese tires that had no grip even on wet roads so i had to pay a month later 2000 dollars for new tires aswell
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ToLawyer, Expert

Then the next step would be to calculate your damages - would your claim be more or less than $35,000?

Customer
i didnt get in a car accident thankfully but i almost got rear ended and by the same vehicle he tried avoid hitting me and cut another car off i wasnt able to get my car off the live lane as it just died and there was no shoulder there was a ditch
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ToLawyer, Expert

That would likely be punitives if you can prove that they inspected and knew of this issue, or did not inspect at all.

Customer
they deffinetly didnt inspect it at all at autorama because my safety was a day old and st catharines mazda said the tires were bald and cupped when i brought it to them for a vibration issue
Customer
i have the written and signed safety and the invoice date for everything
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ToLawyer, Expert

The next step would be to make a determination as to whether you want to retain a local lawyer to assist you with filing the claim. If you are suing for more than $35,000, you will have to do it in superior court.

Customer
do you think id have a chance to take it superior
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ToLawyer, Expert

It is hard to say, it is possible as the danger you have encourter is severe, you need a local lawyer to review all the documents and the events leading up to the highway event.

Customer
okay thank you so much for you help
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ToLawyer, Expert

You are welcome, is there anything else I can help you with today?

Customer
that is everything
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ToLawyer, Expert

I understand legal issues may be frustrating, but I hope I was able to provide a little clarity here.

Thank you for trusting us here at JustAnswer. If you have a new question in the future and would like to engage me again, please do not hesitate to request for me directly by going to https://www.justanswer.com/law/expert-jc222/?rpt=3800 and typing - "This is only for JC" and I will get to you as soon as possible!

And of course, if you have any follow-up questions, please do not hesitate to continue typing them here.

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