Car Purchased with Undisclosed Accident
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Car Purchased with Undisclosed Accident
I purchased a vehicle from a dealership in August 2017 it was certified as pre-
owned and an accident was not reported on the vehicle until December 2017. The
car is now requiring major services, including a new radiator, that the
dealership is not covering under warranty due to the car being in an accident.
What are my rights?
Asked on June 10, 2019 under Accident Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If the accident was not reported until months later, there ,au not be any recourse:
1) Fraud is an intentional or knowing misrepresentation: but if the accident was not reported until months later, the dealership did not lie or misrepresent anything: they truthfully disclosed what they knew at the time. They are not liable for information reported after the sale.
2) If the terms of the warranty require that the car not have been in an accident to be covered, then they don't have to cover it: the warranty is a contract, and they only need to provide coverage when the terms of the warranty clearly state they must.
IF the warranty however would still apply, then they must cover: again, it is a contract, and is enforceable as per its plain terms. So the issue is--what does the warranty say? According to its plain terms, do you have coverage now or not? If you believe you do but the dealership will not provide coverage, you could sue the dealership for "breach of contract" to enforde the warranty.
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