In May, I purchased a 2013 vehicle. It had a clean title and nothing reported on the carfax report. Last week, I was rear-ended while stopped in traffic. The other driver received a citation. I dropped off my vehicle for my insurance to inspect it. In the inspection, they found prior damage to the vehicle and are now claiming they cannot pay for all of the repairs. A new carfax report now shows that there was an accident in January but not put on the carfax report until the end of September. The dealership claims that they had no knowledge of the accident. This is turning into a nightmare. Is there any legal action I can take?
Assuming the prior damage is not the type that would be seen by the dealer, I don't see being able to bring an action against the dealer. Presumably the car was sold used, which means "as is." You have a right to inspect it but assuming it wasn't totaled, and it had been repaired, the dealer wouldn't have to disclose that.
Assuming it was properly repaired, "prior damage" only matters if what is being fixed NOW is the prior damage. You need to talk to whoever you took it to. The problem may be that the first place you took it was the insurance company.
The real fight is with the insurance company for the guy who hit you or yours. For that you need to talk to a body person of your choice who can explain it. If you were hurt, talk to an attorney--most members of www.aztla.org give free consultations.
I agree that your fight is with your insurance company. Even if there was prior damage to the same area, as long as it was properly repaired before this accident, then your insurance should pay for the new damages. Ask your claims adjuster to point out the specific language in your policy or other legal basis they have not to pay for all the damages. If they cannot provide this, file a complaint with the insurance commissioner of your state.
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