Bought a 94 ford ranger at a buy here ,pay here lot...in may 2011,ever since i have had it,had engine problems,before taking the truck they had told me that they have there mechanic go over the truck and it was safe and they wouldnt sale it,if it there was a problem,was going to work and some girl had stopped in front of me all of a sudden , i went to apply the emergency brakes and my regular brakes and i could not use the emergency brake at all.they did not work...i called up the pay here lot and told them that truck was in a accident,and they informed me to have a tow truck pick it up and bring it to there shop...n the mean time i have ask them to go over the truck with a list of all problems and let me know,they informed me that that hadnt had the time nor will they get to that request.
so in the meantime,i got the ticket because i hit her from behind,and they are not doing nothing about the truck..if i had ,had the emergency brake working i would of been able to stop and prevent this problem,and i believe that they knew the problem was there...was egurd to sale it,with some sad story about a guy whose wife had a heart attack,and hubby had to sale the truck...it is a financed vehicle, now i owe more than what the truck it worth..i feel that they had rippped me off...
Lemon Law Attorney
Sorry to hear about your situation, but I don't see how this collision is the dealer's fault.
Normally, in a BHPH sale/financing the dealer requires full collision/comprehensive insurance coverage for the vehicle. If you dealer did not require it, and you did not seem to think it was necessary to protect you should you total the car, and still owe the balance on the loan, then that was a bad decision to save some money, but leave yourself exposed to this kind of risk. As far as the "emergency brake" not working, I doubt that you can prove that it would have prevented the rear end collision, but even if you could, most likely the car was purchased as-is with no warranty.
However, if the dealer did anything improper in selling you the car, and did not provide you with the proper documentation or disclosures, you may be able to get relief from the contract. Consult with an auto fraud attorney in your area, you can search for one on www.naca.net
I am an attorney who is only licensed in the State of Florida. My answer is general legal advice based upon what I perceive your question to be, and should not be relied upon because every person's facts and circumstances are unique, and because specific laws vary from state to state. To completely evaluate a legal issue requires reviewing and evaluating all relevant facts, applicable laws and other information. My answer does not create an attorney-client relationship, and offered for informational purposes only.
Car / Auto Accident Lawyer
Although I understand you are frustrated, but there is very likely no apprpriate action against the dealer. Prior to purchasing any used vehicle, it is important to have an independent mechanic review the car or truck. Used vehicles are usually sold "as is" without any warranty or guarantee that it is mechanically sound. I think you can explain your story to the traffic court judge in an effort to reduce or eliminate your fine from the ticket. However, he or she may not be willing to offer you any reduction in the fine since you did not have the brakes evaluated prior to driving the vehicle. I wish I had a better solution for you, but unfortunately there is no ready solution at this time. Please be sure to report the incident to your insurance company in case the other driver files a civil suit against you. If you have insurance, then it will provide you with liability insurance against such a claim.