What are my options in this strange situation?

UPDATED: Sep 30, 2022

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What are my options in this strange situation?

I bought a 2 year old truck from a dealership. I drove my old vehicle home and my new truck was being driven by an employee of the dealership who was following me home. During transit, the employee crashed into me and was at fault. The dealership is willing to have their insurance repair both vehicles but the reason I bought a truck from a dealership and not a private party was to ensure a clean vehicle history. Now, I no longer want the newer truck because of the damages incurred. What are my options/legal rights here?

Asked on August 27, 2016 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You unfortunately cannot rescind, void, or otherwise undo the sale for this reason. If you had not already purchased the vehicle, you could escape having to buy it because they would not be selling you what they had agreed to--a truck with a clean history. But if you had already purchased the truck, which is what your question indicates, then you are only entitled to the repair costs, the same as if the trucks had been hit by some third party. You were already the owner when the accident occured, based on what you write, so you have only the remedies any vehicle only has for damage to their truck(s).

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