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Airbag was faulty all along...

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inVirginia

Junior Member
What is the name of your state (only U.S. law)? Virginia

We bought a used pickup truck from a small, local used car dealer about 10 years ago and have never had any serious problems with it. We've taken it to one local automotive shop every year for its state inspections. This week it failed inspection because the light on the dash that is supposed to come on to show the airbags are working did not come on. We were advised that it must be taken to a dealer to have that fixed.

We did that and the dealer found that a piece of black foam/tape had been placed over the spot inside the dash to cover the light. The light warning that there was a faulty airbag had been coming on ever since we'd bought the truck but no one had been able to see it! It was sold to us in this condition. And the shop that's been inspecting it yearly for 10 years only noticed the light wasn't on this year. Hmmm.

The truck is a 1996 and it's blue book value is around $1400. The dealership wants $720 to put in a part (airbag controller) and that is no guarantee that will be the final fix. It most likely will require additional work. Otherwise, though, the truck is in great working condition and we fully expected to get several more years of use out of it.

It doesn't seem to make sense to put half its value into repairing it - with the strong possibility that it would in fact cost even more to really fix the problem even though its still a decent working vehicle. But it will cost us a LOT more to buy a newer used truck to replace it.

Are we just screwed? Should we see if our auto insurance would cover any of this? Should we take the dealer who sold us the truck to small claims? Or the auto shop who passed it for state inspection for the last 10 years and only now noticed the problem? We owe the dealer $170 for a diagnosis of a defect that should have been fixed before we were sold the vehicle. Do we have any legal recourse or are we stuck with sucking it up and buying another truck out of pocket?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
After 10 years you don't have much recourse against the dealer.

You have no recourse against the safety inspector for not catching it earlier.
 

swalsh411

Senior Member
How do you know the airbag was faulty all these years? I'm sure if you read your owners manual you will find that GM recommends a complete airbag inspection at well under 10 year intervals. Or did you not follow those inspection recommendations?
 

Mass_Shyster

Senior Member
If you are able to prove that the dealer fraudulently concealed a misrepresentation, you have a chance of winning. Did you find any fingerprints on the tape?

I suspect the investigation and litigation costs would far exceed any possible recovery, even if you can prove liability.
 

inVirginia

Junior Member
to swalsh411

How do you know the airbag was faulty all these years? I'm sure if you read your owners manual you will find that GM recommends a complete airbag inspection at well under 10 year intervals. Or did you not follow those inspection recommendations?
I was asking for advice not some snippy remark. Don't bother to answer posts if you can't be nice about it.
 

FlyingRon

Senior Member
If you are able to prove that the dealer fraudulently concealed a misrepresentation, you have a chance of winning. Did you find any fingerprints on the tape?
Really, and Virginia extended civil statute of limitations beyond ten years when?
 

swalsh411

Senior Member
I was asking for advice not some snippy remark. Don't bother to answer posts if you can't be nice about it.
Asking the owner of a vehicle whether or not they followed the recommended service interval for their airbag system is a perfectly legitimate question.
 

Shadowbunny

Queen of the Not-Rights
I was asking for advice not some snippy remark. Don't bother to answer posts if you can't be nice about it.
I'm pretty sure the snippy remarks are just an extra service he provides along with the advice. Kinda a two-fer deal... :rolleyes:
 
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Mass_Shyster

Senior Member
Really, and Virginia extended civil statute of limitations beyond ten years when?
In some states (including VA), fraudulent concealment will toll a statute of limitations.

Schmidt acknowledges that, to receive the benefit of equitable tolling, a plaintiff has to establish that “ ‘(1) the party pleading the statute of limitations fraudulently concealed facts that are the basis of the plaintiff's claim; (2) the plaintiff failed to discover those facts within the statutory period, despite (3) the exercise of due diligence.’ ”

Schmidt v. Household Finance Corp., II 276 Va. 108, 120, 661 S.E.2d 834, 840 - 841 (Va.,2008)
 

divona2000

Senior Member
...dealership wants $720 to put in a part (airbag controller) and that is no guarantee that will be the final fix. It most likely will require additional work. Otherwise, though, the truck is in great working condition...We owe the dealer $170 for a diagnosis...
It may well be cheaper to fix it than get another truck which might have it's own problems.

1. Ask the dealership if the $170 for diagnosis could be waived if you have the repair done there.
2. Get repair quotes from other places.
 

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