Auto body repair & previous damage? Rights?

Question

I had to take my car (2004 Toyota Corolla S) into an auto body repair shop to get some recent damage fixed. Yesterday I got a call from the shop letting me know that there has been extensive previous damage to my car that was left unrepaired and the only repairs made were done to cover up the internal damage.

I've never been in this situation before and I don't know what my rights are or if I have any.

The dealership I bought this car from ripped me off on the price of the car and the interest rate of the loan. Now to find out that there has been previous damage that was merely covered up just kills me. I bought the car over a year ago.

What can I do?

Answer 1

If the pre-existing damage would have been evident to a mechanic from the dealer inspecting the car before it was put on sale, then by law, it should have been disclosed on a form that should have been given to you at the time of the sale....the form has a checklist of various systems of the car and a mechanic is suppose to inspect the car and check off each item/system as being ok or not. If you received this form in your paperwork, look at it for these checkoff's---the selling dealer must keep a copy in their records by law and should have been signed by you. Check with your state's Attorney General's office on how to file a complaint and possible legal rights you have and maybe get a lawyer if the dealer doesn't want to repair the old damage or give you reparations to have it fixed. There's also a very important legal distinction, in some states, called "diminished value" where a damaged car is not worth as much as one that isn't and you should be compensated for this by the dealer--or any time you have an accident that's not your fault---a lawyer or your insurance company rep should know what your state legal statutes provides a person for this compensation.
http://www.autoclaimshelp.net/Diminished%20Value.htm
http://www.insurancepr.com/e-library/410f012.htm
Have the body shop stop the repairs and try to estimate the previous damage costs--get pictures of the prior damage and submit copies of them to the dealer--keep the originals.
Make sure to get reimbursed for any rental car costs also and maybe your car payment for a month to cover the extra time involved in clearing up the matter.
Lesson learned---Always have a car inspected by a mechanic you trust before buying.

Answer 2

What you need to do is take your estimate from the Insurance company to the dealership alone with written statement from the bodyshop and or insurance company that there was pervious damnage not caused by you. (pictures will help too) The car dealership should pay to get that repaired for you and get you into a loaner or rental.

As far as the price you paid for your car....I'm sorry to hear that you got ripped off. Inthe future go to NADA.com and KBB.com to llok up the pirce of cars you want to buy before you get them. And as far as you interest that has to do with your credit not the dealership, but you can alsoshop around for your own loan company, like a loacl bank or credit union.

Good Luck!

Answer 3

Your choices are to have it fixed and drive it, or to have it fixed and sell it. That is what insurance is for. Properly repaired damage really doesn't affect the resale value down the road very much. There are hundreds and hundreds of thousands of repaired and even rebuilt vehicles on the road with not problems. In the first 3 years of ownership, yes the repairs would affect the value more, but your vehicle is old enough to have gone through the period of fastest depreciation already, and yet it isn't really an old vehicle.