Skip to main content

Bought a vehicle with 'clean' Carfax report and 2 yrs later it now states it was in an accident ..depreciate value now

Augusta, GA |
Filed under: Used cars

We bought a truck through a dealership and they even showed us a Carfax report, now 2 yrs later a Carfax report was run and it shows a few months ago they place it in an accident 5 months before we bought it.. In the same state....now it isn't worth on trade in due to this on it ...but we would have never paid the amount we did if we knew it was in an accident but we did not know....trying to figure out legally how they can place the incident so late on the report and not notify us as the owners as well as them selling us a fixed up car...there has to be a law that protects consumers somewhere..Help!

Attorney Answers 4


  1. I would contact Carfax as it may be a mistake. If you still have the original report that would help. If its legitimate than contact the dealership yourself or consult with an attorney to see if you have a case. Damages are going to be they key in your situation. I.e. are the damages significant enough to justify pursuing a claim.


  2. CarFax does not give you complete information. The information on CarFax is usually accurate but there is a lot of information that either does not make it on to CarFax at all or there is a significant delay until it appears. Dealerships are well aware of these limitations and will use the delay in listing information and a currently clean CarFax to sell cars that they know have been wrecked. You may have a cause of action against the dealership if the accident damage was severe enough that the dealership should have known about it and informed you. You should consult with a GA consumer attorney. Good luck.

    This response does not create an attorney-client relationship.


  3. The caae will hinge on what the dealer told you before you bought it.

    Used Car Fraud: The Real Story Behind Carfax

    Get a free case evaluation if you suspect you’re a victim of used car fraud.

    Car dealers often use Carfax as a tool to reassure consumers that the car they are buying does not have a negative history. However, what dealers don’t tell consumers is that Carfax information is incomplete and not necessarily up to date.

    As auto fraud attorneys, we have seen dealers increasingly take advantage of the lag time between an accident and the information getting to Carfax. The dealer will knowingly buy a car at auction that has been wrecked and market it as a clean Carfax car. The dealer knows that the wreck history is not yet showing up on Carfax. We recently learned that over 300 cars had been purchased by Georgia dealers at auctions at which the car was announced as frame damage in the past eighteen months and offered for sale in Georgia. These cars are often sold by the dealer before Carfax includes the auction information in its report. http://www.cbc.ca/marketplace/2009/vehicle_history_reports/main.html. A more comprehensive vehicle history report is available from http://www.autocheck.com.

    Other Types of Auto Dealer Fraud

    Fraudulent Use of a Carfax Report by Dealer

    Posted on August 29, 2012 by Michael Flinn
    I have posted previously about used car dealers’ use of Carfax to fraudulently sell a wrecked car as not having been wrecked. In this report I want to show an actual example of how this occurs. An Atlanta car dealer reported to my client that the car had a clean Carfax and provided a copy of it to the consumer.

    Dealer provided Carfax

    Auction Invoice only

    The dealer bought the car at auction at which the car had an announced damage disclosure. The dealer used the lag time in the Carfax report to advertise that the car had no accident history. This type of fraud happens more frequently than we ever want to think. The Canadian Broadcasting Company did a great report on this issue. Here is the link to the report:

    http://www.cbc.ca/marketplace/2009/vehicle_history_reports/main.html

    Protect Yourself Carfax Report Fraud by a Car Dealer

    You protect yourself from this by asking questions. Ask the dealer has the car ever been wrecked or damaged? Where did the car come from? Did your seller disclose any damage to you? Ask to see the auction invoice if it came from an auction. Ask to see the title to see if discloses any brands.

    Fraudulent Use of a Carfax Report by Dealer

    Posted on August 29, 2012 by Michael Flinn
    I have posted previously about used car dealers’ use of Carfax to fraudulently sell a wrecked car as not having been wrecked. In this report I want to show an actual example of how this occurs. An Atlanta car dealer reported to my client that the car had a clean Carfax and provided a copy of it to the consumer.

    Dealer provided Carfax

    Auction Invoice only

    The dealer bought the car at auction at which the car had an announced damage disclosure. The dealer used the lag time in the Carfax report to advertise that the car had no accident history. This type of fraud happens more frequently than we ever want to think. The Canadian Broadcasting Company did a great report on this issue. Here is the link to the report:

    http://www.cbc.ca/marketplace/2009/vehicle_history_reports/main.html

    Protect Yourself Carfax Report Fraud by a Car Dealer

    You protect yourself from this by asking questions. Ask the dealer has the car ever been wrecked or damaged? Where did the car come from? Did your seller disclose any damage to you? Ask to see the auction invoice if it came from an auction. Ask to see the title to see if discloses any brands.


  4. All the answers you have gotten give you good responses. But I think that the answer to your question is simple. You live in GA. Call Mike Flinn's and follow his advice. I have known him for years and I think he's the best car sales fraud lawyer in GA.

    This answer is for general purposes only and does not establish an attorney-client relationship. The law in your state may differ and your best answer will always come from a local attorney that you meet with privately. For a Free Online 50 State National List of Consumer Law Lawyers, click on this link (http://tinyurl.com/79ku5jx) and find one near you

Lemon law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics