McGowan & Associates recently assisted a handicapped South Shore resident who had purchased a vehicle with hand controls as he was unable to utilize his legs. This vehicle was obtained at great expense and our very independent and capable client relied upon it for freedom and mobility. From the outset, the hand controls were not functioning reliably, which led to concerns from our client. Within months, the airbag accidentally deployed while our client was driving, which could have been catastrophic had he not controlled the vehicle to a stop. An appraiser for our client’s insurer determined that the vehicle, based on its unreliable modifications, was unsafe to drive.
We were engaged to assist our client. We alleged unfair and deceptive business practices and demanded that the dealership replace the insured’s vehicle. The dealership, after some negotiation, agreed to replace the vehicle at no additional cost to our client.