Purchased used car and warranty then learned of its prior.existin damages not covered

[TrishBC]

What is the name of your state (only U.S. law)?
California

I purchased a used car from a dealership 5 months ago. I also purchased a Preferred Care warranty. A gap where the side fender meets the body began to appear and widen so yesterday I took it into the dealership where I purchased it. I was asked to take it to the dealership who specifically sells this car to have them look at it and make a list of what needs to be done and parts. The guy at that place told me it will need 1500 dollars in repairs because it was in an accident and never repaired correctly (bracket holes are torn and piece where it attaches are broken). He showed me his paint differences reading on his equipment and knocked around and told me it has some bondo. I looked on my warranty but this type of work is not covered. I bought a report from a vehicle history report site and it doesnt state any repairs. It also states that this vehicle has never been a rental but I was not only told this but also states it was a rental on my contract (not sure if that's relevant). This damage was not apparent when I bought it but did become so after time. I realize that I cannot know the extent of the damage to my vehicle because Carfax is limited to what the DMV reports, and I would not have bought it if I had known this. What recourse do I have?

 

[Zigner]

You've got a couple of options:

1: Fork over $1,500 and get your car repaired
2: Don't fork over $1,500 and live with the car the way it is.

Either way, feel free to ask the selling dealer to help with these costs. But you do need to understand that they have no legal obligation to do so.

 

[TrishBC]

When I asked if it had been in an accident, wouldn't 'I don't know' have been more applicable, instead of saying 'no'. When I dealer says 'no' doesn't that mean they absolutely know for a fact it has not been in an accident? Otherwise, they are implying they know all about the vehicle's history.

 

[Zigner]

When I asked if it had been in an accident, wouldn't 'I don't know' have been more applicable, instead of saying 'no'. When I dealer says 'no' doesn't that mean they absolutely know for a fact it has not been in an accident? Otherwise, they are implying they know all about the vehicle's history.

No .

 

[TrishBC]

Is there any way I can find out what kind of damage occurred to my car if they say they cant get this information? If I sell my car I need to disclose it's been in an accident, but it will be a disadvantage in selling it if I can't disclose what damages occurred. It may make it difficult to sell later.

 

[swalsh411]

If I sell my car I need to disclose it's been in an accident.

No you don't. You just shouldn't lie. Tell the purchaser that the vehicle is being sold as-is and he should get it inspected prior to purchase. Nobody is required to go find those records for you or even assist you in your search. It's just a car and if the records are lost the records are lost. It doesn't matter what happened in the past. All that matters is the current condition.

 

[sandyclaus]

It's a well-known fact that used vehicle sellers, whether professional dealers or private persons, often lie or omit the truth about the true condition of those vehicles. It is, unfortunately, the exception rather than the rule to have them disclose everything they know about that vehicle, especially when knowing that information could hurt their chances of getting someone to buy it.

In addition, you need to be aware that even Carfax may not have revealed this accident, especially if it was never reported to authorities or if any body work was done privately. Its entirely possible that the dealer DIDN'T know it had been involved in an accident. And its also possible that they never even asked the previous owner when they got the vehicle whether or not it had been in an accident.

Whether the car was sold "AS IS" or with a specific warranty to cover certain things on the vehicle, you STILL needed to have the vehicle fully inspected yourself by your OWN private mechanic to verify its exact mechanical and structural condition. With this limited warranty you purchased, you AT LEAST needed to make sure whether or not there were any issues you might discover that wouldn't be covered under it.