Can I sue a car dealder for not disclosing that a car that I purchased was in an accident

Car dealership & Carfax: The certified pre-owned car I bought from a dealership in CA. approx. 8 months ago had a clean carfax, given to me by the dealership. Recently I was in a car accident in that car and my insurance company found out that, that car had actually been in an accident 2 years before (t-boned) and then fixed. Is there some action I can take with the dealership? Any recourse?
Thank you,
Wendy
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Answers (3)

Steven Ames Simons

Steven Ames Simons

Contributor Level 4
Wendy - The short answer is maybe. I have handled a number of cases against car dealers for undiclossed collision damage. The cases generally fall under Unfair and Deceptive practices. The starting point is a written demand to the dealer to repurchase the vehcile.
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Daniel Goldsmith Ruggiero

Daniel Goldsmith Ruggiero

Contributor Level 3
You sure can, but your claim would be much stronger if thre is some proof they knew about it. How far before you purchased it was the vehicle in an accident? Were there signs on the car that after a reasonable inspection the dealer would have known it was in an accident? There are some questions that need to be answered first before truly determining how strong of a case you could have. Definately contact a California attorney that deals with lemon law/breach of warranty type of claims. You can try www.lemonauto.com They have a California office.
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Ronald Lee Burdge

Ronald Lee Burdge

Contributor Level 7
Generally, yes. In California? Very likely you can. Every state has a law that makes it illegal for merchants to do anything that is unfair or deceptive to a consumer and many of these "Udap" laws do not require that the merchant know that their representation is incorrect. In those states, if they say it and it isn't true, then they are on the hook. To know for sure what the law says in your state, you should talk to a local Consumer Law attorney (that's the area of law involved in your case). You can call the local attorney Bar Association and ask for a referral or you can check the Free National List of Consumer Law Attorneys on this web site page: http://ohiolemonlaw.com/locate-a-local-attorney.shtml. This is a public service, free list page that does not charge Consumer Law attorneys to be listed on it.
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