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Hello,

I'm looking to get some advice on what our next steps should be.

My mom got into an accident couple weeks ago. Fortunately nobody was hurt. Basically we suspect the accident was due to a manufacturer defect, since she was unable to step on her brakes when she wanted to slow down to look for parking along the street. As she described it, the brakes were stiff as a rock when she stepped on it and wasn't able to be depressed at all. So, to prevent collision with pedestrians she decided to collide with a pole on the road.

We've contacted Hyundai Canada about the incident but not sure what we can expect as a follow-up from them. She has a 2015 Hyundai Elantra and there's currently a recall for the brake booster on the 2017 model, where the brake booster may fail and cause a loss to brake assist increasing the chance of a crash so this sounded very similar to what my mom experienced. But currently the recall is not for her 2015 model. Was hoping to see if anyone else has encountered something similar and gotten a response from the manufacturer with a reasonable compensation...We tried to contact several attorneys but I guess the claim would not be significant for them to take on.

Since the accident, she did make a claim on her insurance to repair the damages ($8000) but no work was performed on the brakes.

Any feedback or advice on what our next steps should be would be much appreciated.
 

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Are you asking for advice on how to pursue hyundai for accident claims? Or how to proceed with fixing a car that may have brake issues?

I think regardless of either of those two questions, you should try to replicate the problem and determine if there's truly a problem/root cause. Is the car still drivable? Attempt to aggressively brake the car yourself as if you were about to get in the accident. What are the details of the brake booster recall, do your brakes show the same symptoms? Did you mom notice braking issues before she got into the accident?

Proof is going to be your best friend at this point. It took several reports of runaway gas pedals on toyotas several years ago before the manufacturer finally admitted fault. I don't want to call your mom a liar, but saying that the only time you experienced brake failure was right before you got into an accident is a common way many people try to deflect blame for an accident - and I've heard it from others personally before. It's going to take more than just her personal account of the story to convince anyone else that there was brake failure. Best of luck.
 

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Well, if the brake booster failed, it didn't repair itself and the problem will still be there. Also, the booster runs on vacuum, so if the vacuum line came off the engine or the booster, firm pedal, but the brakes will still work.

$8000 damage on a '15 Elantra GT, she's lucky they didn't total it. That's about 65% damage of retail value. Some insurance companies call it a day if damage exceeds 60% of value.
 

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$8000 damage on a '15 Elantra GT, she's lucky they didn't total it. That's about 65% damage of retail value. Some insurance companies call it a day if damage exceeds 60% of value.
Maybe not so lucky with that amount of damage I would want it totaled.

Pat.
 

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I see quite a few errors in this argument. Brake "should" still work even if the pedal is hard as a rock. You literally just need to put all your weight on it. This is assuming something with the boost failed or something similar. We had a Silverado at work with a seemingly bad vacuum and I experienced this first hand in the parking lot doing about 10 miles an hour. Brakes still work just not well. Also why was the E Brake not used? Use of that (With what possibly little brakes if any where present) would surely scrub speed enough to avoid an accident or a much less severe one. I mean $8000 and she was looking for a parking spot?

Also the 2017 Elantra (sedan) is an entirely different generation so any possibility of that recall or problem being part of the 2015 model as well is slim to none. Unless we are talking about the GT? Which since posted here I would hope so.

I dont see much that can be done here really.
 
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