The BBC show stands accused of using racism to boost ratings.
If the case brought by lawyers representing Iris De la Torre is successful it could cost the broadcaster up to £1 million in damages.
30 year old jewellery design student De la Torre sought legal advice when an episode of the entertainment favourite saw Richard Hammond made an inappropriate comment about Mexico.
6 million viewers witnessed the star joking that cars replicate the characteristics of the nation that built them. He said that, “Mexican cars are just going to be a lazy, feckless, flatulent, oaf with a moustache leaning against a fence asleep looking at a cactus with a blanket with a hole in the middle on as a coat”.
Co presenter Jeremy Clarkson continued the joke by stating that being Mexican would be “brilliant” because then he could sleep all day.
The Mexican ambassador to Britain has also demanded an apology making an official complaint to the BBC calling the show, “xenophobic” and “offensive”.
De la Torre explains why she felt she had to take action. She said “I was shocked at what the BBC allowed to be broadcast” adding “I do not understand how such ignorant people hold such high-profile jobs”.
She turned to the law firm Equal Justice who represented Shilpa Shetty in a case against Channel 4 following the Celebrity Big Brother racism row.
Should the BBC have broadcast the comments in the first place?