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Damaged New Car Was Repaired Improperly, Causing Further Damage 14-Months Later

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Chess THE MOVIE

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

My question involves a consumer law issue in the State of: New York

I initiated a 36-month lease in March of 2014 on a 2014 Kia Optima. When I picked up the vehicle from the dealer, I luckily noticed the front bumper was cracked/punctured, and the driver-side front rim was scratched up. The dealer provided me with a carbon/pink copy of a itemization of the damage and guarantee for them to repair it (at their on-site service department). A few weeks later, I had the damage repaired by the dealer, and all was well. Fast-forward to January 2016. I drove through a pile of snow accumulated in an intersection from a plow (so, not a icy snowbank or anything), which caused the front bumper to crack. I didn't connect this damage to the previous damage, and just figured I'd get it repaired before turning in the car. Last month, when I brought it to a body shop, I was given a verbal estimate of $1,200; however, the FIRST think the mechanic said when surveying the damage was that he could see there was previous damage on the spot that was patched over.

So, it has become clear to me that the initial damage on the bumper from when I picked up the car in 2014—and/or the dealership's decision to patch the damage instead of replacing with a brand-new bumper for my brand-new car (essentially meaning I was sold an imperfect/mended vehicle)—was either the cause of my current damage, or a major contributing factor. I addressed the issue with the manager of the dealership while I was there discussing my lease-end options, and he (your stereotypical New Yorker) got real defensive and is blaming the damage on me hitting the light, fluffy, powdery snow—and is denying to accept any fault.

I'm not sure what to do. I have the pink slip indicating the damage that was on the car in 2014, and I have photos of the damage. I'm not sure if any mechanic would give me a written statement indicating that there was prior damage patched over that has now re-cracked, and even less likely would be the mechanic's statement indicating that the CAUSE of my current damage was the prior damage not being properly fixed (which would be opinion). To make things worse, I was offered a deal by another dealership to turn in this vehicle early and start a new lease with them, but this must be complete before Jan 31 (10 days from today) or I will miss out on ~$2,000 of savings on the new vehicle.

Can someone please tell me what my options are and/or what I should do? Any documentation/photos/etc. that I should get before turning the vehicle in, in case I sue later? I was thinking of turning in the vehicle with the damage, and just paying the excess wear-and-tear bill that I receive from the leasing company. I tried complaining to the leasing company that their dealer representative sold me a tainted vehicle, but they basically cannot do anything.

Sorry for the post being so long, and thank you in advance. I have not been able to get proper advice from anyone since this is such a strange situation.



EDIT/ADDED: Also, can anyone refer me to a specific NY statute or legal precedent/wording/etc. (maybe under lemon law?) that indicates repairs that are done (by the dealer to fix a new car being delivered) must be completed properly, or must be fully replaced and not just patched over (like a bandage)? I know there's laws indicating dealers must declare the damage in writing if it exceeds a % of the MSRP, but must they also restore the vehicle to flawless brand-new status?
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? New York

My question involves a consumer law issue in the State of: New York

I'm not sure what to do. I have the pink slip indicating the damage that was on the car in 2014, and I have photos of the damage. I'm not sure if any mechanic would give me a written statement indicating that there was prior damage patched over that has now re-cracked, and even less likely would be the mechanic's statement indicating that the CAUSE of my current damage was the prior damage not being properly fixed (which would be opinion).
You will want a mechanic's statement if you want to take any legal action later.

To make things worse, I was offered a deal by another dealership to turn in this vehicle early and start a new lease with them, but this must be complete before Jan 31 (10 days from today) or I will miss out on ~$2,000 of savings on the new vehicle.
What you decide to do with the offer from the other dealership is up to you.

Can someone please tell me what my options are and/or what I should do? Any documentation/photos/etc. that I should get before turning the vehicle in, in case I sue later? I was thinking of turning in the vehicle with the damage, and just paying the excess wear-and-tear bill that I receive from the leasing company. I tried complaining to the leasing company that their dealer representative sold me a tainted vehicle, but they basically cannot do anything.
Paying now and suing later is an option you can consider.
 

Chess THE MOVIE

Junior Member
You will want a mechanic's statement if you want to take any legal action later.



What you decide to do with the offer from the other dealership is up to you.



Paying now and suing later is an option you can consider.



I actually work at an auto insurance company, so I believe I can get a sworn/written declaration from someone in Claims that attests that there was previous damage in the same spot that was patched over. Should I also have them include wording that indicates something like "while I [the Claims rep] can only speculate as to whether this pre-existing damage definitively was the cause to the new damage, it certainly seems like it may be a plausible contributing factor, and in my professional opinion it likely was." Or something like that? Or, should I just leave out the opinion altogether? (Obviously, I wouldn't expect the Claims rep to attest to any of this if he did not believe it, but based on the immediate recognition of the mechanic, I believe he will.

Also, can you (or anyone else) refer me to a specific NY statute or legal precedent/wording/etc. (maybe under lemon law?) that indicates repairs that are done (by the dealer to fix a new car being delivered) must be completed properly, or must be fully replaced and not just patched over like a bandage? I know there's laws indicating dealers must declare the damage in writing if it exceeds a % of the MSRP, but must they also restore the vehicle to flawless brand-new status?
 

Zigner

Senior Member, Non-Attorney
The damage was repaired, as promised. You RAN IN TO A SNOWBANK. That's what caused your damage. Turn it in to your insurance for them to repair and pay the $500 deductible.
 

quincy

Senior Member
Also, can you (or anyone else) refer me to a specific NY statute or legal precedent/wording/etc. (maybe under lemon law?) that indicates repairs that are done (by the dealer to fix a new car being delivered) must be completed properly, or must be fully replaced and not just patched over like a bandage? I know there's laws indicating dealers must declare the damage in writing if it exceeds a % of the MSRP, but must they also restore the vehicle to flawless brand-new status?
A refund or replacement may not be required if the problem does not substantially impair the value of the car to the consumer, according to the "New Car Lemon Law Fact Sheet." A link to the law facts does not appear to provide you with the support you are looking for: https://ag.ny.gov/consumer-frauds/new-car-lemon-law-fact-sheet

I agree with Zigner that, but for your collision with a snowbank, there would have been no damage. The bumper appears to have absorbed the impact as it needed to.

As an aside: The banks of snow created by snow plows generally are not "light, fluffy, powdery." These snow banks are filled with dirt, gravel, ice and hard snow and running into them can be like running into a brick wall.
 

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