Missing Safety Part HELP!!!!!!

[nadine34WA]

I purchased this car on 9/11/04. On 10/23/04 I was involved in an auto accident which a substantial amount of damage was done. After taking it to several body shops it was discovered that the reinforcement bar to the front bumper was missing. According to all the body shops I talked to they said all cars are supposed to have them. This reinforcement bar is to help absorb a collision. That is a safety hazard and put me and my passengers at serious risk. Especially if I had been say on the highway doing 60mph and had an accident I could have been seriously injured or even worse case scenario died because the dealership I purchased it from failed to check and see if that part was there. All I had protecting the front end was just the plastic front bumper cover and that is it.

I contacted the dealership regarding this matter and they said I purchased the car “as is” and there is nothing they can do for me. I explained to the dealership since there had been some modifications done such as body kits why they didn’t bother to check to see if that reinforcement bar was attached to the car. They said to contact an attorney and hung up on me.

I live in Washington State. The lemon laws here are designed for new cars only. There should be however some type of law for selling a car that is missing such a vital safety part. What type of recourse can I take??? I have already filed a complaint with the Attorney General’s Office for Washington State

Bumpers on today's cars generally consist of a plastic cover and underneath, a reinforcement bar made of steel, aluminum, fiberglass composite, or plastic. A bumper system also should include mechanisms that compress to absorb crash energy -- polypropylene foam or plastic honeycomb, also called "eggcrate," is often used. For a bumper to be effective, there must be some distance between the reinforcement bar and the sheet metal it should protect.

 

[racer72]

Why are you asking the exact same question that was legitimately answered in a previous post of yours? As I stated before, you have no claim. It is your responsibility to make sure the vehicle is safe to drive before taking the car on the road.

 

[nadine34WA]

Well I do have a claim.....It is the dealers responsibility to do a physical inspection of the car including bumpers when they are brought to them that have been modified with body kits. According to the Dept Of Licensing who regulates dealerships. They are in numerous violations of RCW laws.

RCW 46.37.513
RCW 46.12.030


I'm glad I didn't stop here and pursued this further because their are laws that do protect me.

The dealerships attorney called me Friday because they received some type of letter from the state. They wanted to come take pictures of the car. I told them let me consult with my attorney first but he was away for the weekend. I phoned them back to let them know I wasn't comfortable in letting them come take pictures until I spoke to my lawyer. He got nasty and said he would wait for a call back Monday. Half hour later my room-mate just happened to look out the window and said to me there is someone in front of your car taking pictures. The guy looked at her and then started walking quickly. I ran down to see what he was doing but he was gone. That made me mad because I asked them to wait and they were being sneaky about it. I tried calling police because my room-mate had a good desciption of the guy but they couldnt do anything because he wasnt breaking any laws. It's freaking private property he walked up on that should be some type of law.

 

[racer72]

RCW 46.37.513
Bumpers.
When any motor vehicle was originally equipped with bumpers or any other collision energy absorption or attenuation system, that system shall be maintained in good operational condition, and no person shall remove or disconnect, and no owner shall cause or knowingly permit the removal or disconnection of, any part of that system except temporarily in order to make repairs, replacements, or adjustments.

Does not apply in your case. The dealer did not do the modification. Your problem would be with the owner of the vehicle at the time the modification was made.

Strike one.



RCW 46.12.030
Certificate of ownership -- Application -- Contents -- Examination of vehicle.
(1) The application for a certificate of ownership shall be upon a form furnished or approved by the department and shall contain:

(a) A full description of the vehicle, which shall contain the proper vehicle identification number, the number of miles indicated on the odometer at the time of delivery of the vehicle, and any distinguishing marks of identification;

(b) The name and address of the person who is to be the registered owner of the vehicle and, if the vehicle is subject to a security interest, the name and address of the secured party;

(c) Such other information as the department may require.

(2) The department may in any instance, in addition to the information required on the application, require additional information and a physical examination of the vehicle or of any class of vehicles, or either.

(3)[(a)] A physical examination of the vehicle is mandatory if it has been rebuilt after surrender of the certificate of ownership to the department under RCW 46.12.070 due to the vehicle's destruction or declaration as a total loss. The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the title and registration certificate. The inspection must be made by a member of the Washington state patrol or other person authorized by the department to make such inspections.

(b)(i) A physical examination of the vehicle is mandatory if the vehicle was declared totaled or salvage under the laws of this state, or the vehicle is presented with documents from another state showing the vehicle was totaled or salvage and has not been reissued a valid registration from that state after the declaration of total loss or salvage.

(ii) The inspection must verify that the vehicle identification number is genuine and agrees with the number shown on the original documents supporting the vehicle purchase or ownership.

(iii) A Washington state patrol VIN specialist must ensure that all major component parts used for the reconstruction of a salvage or rebuildable vehicle were obtained legally. Original invoices must be from a vendor that is registered with the department of revenue for the collection of retail sales or use taxes or comparable agency in the jurisdiction where the major component parts were purchased. The invoices must include the name and address of the business, a description of the part or parts sold, the date of sale, and the amount of sale to include all taxes paid unless exempted by the department of revenue or comparable agency in the jurisdiction where the major component parts were purchased. If the parts or components were purchased from a private individual, that bill of sale must be notarized. The bills of sale must include the names and addresses of the sellers and purchasers, a description of the vehicle, the part or parts being sold, including the make, model, year, and identification or serial number, that date of sale, and the purchase price of the vehicle or part or parts. If the presenter is unable to provide an acceptable release of interest or proof of ownership for a vehicle or major component part as described above, an inspection must be completed for ownership-in-doubt purposes as prescribed by WAC 308-56A-210.

(iv) A vehicle presented for inspection must have all damaged major component parts replaced or repaired to meet RCW and WAC requirements before inspection of the salvage vehicle by the Washington state patrol.

(4) Rebuilt or salvage vehicles licensed in Washington must meet the requirements found under chapter 46.37 RCW to be driven upon public roadways.

(5) The application shall be subscribed by the person applying to be the registered owner and be sworn to by that applicant in the manner described by RCW 9A.72.085. The department shall retain the application in either the original, computer, or photostatic form.

Unless the dealer was the owner of the vehicle at the time it was declared totalled by loss by an insurance company, this statute does nothing for your claim. And the inspections required in this statute are perfomed by the State Patrol, not the dealer.

Strike 2.

Well I do have a claim.....It is the dealers responsibility to do a physical inspection of the car including bumpers when they are brought to them that have been modified with body kits. According to the Dept Of Licensing who regulates dealerships.

Wrong again. Strike 3. Your out.

I hold a license to sell used cars in the state of Washington. I sold cars that were not fit for use on the highways and byways of the state of Washington. The state of Washington has no laws that require used cars sold in the state meet a minumum safety requirement. Unless you can provide better proof then your lame attempts so far, I would suggest you go talk to a lawyer.