Car Purchased with Undisclosed Accident

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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