. Vechice listed as being in an accident that never occured.

[justalayman]

It was suggested to me, If litigation is sought.

In most actions, unless there is a contractual requirement one party is liable for the other parties legal fees or the action taken was with intent to cause harm, attorney's fees are not generally compensable. You can ask. The worst the court will say is no.


number 21 posts:

For that matter if this guy wants to sell his car he legally needs to disclose the fact that there is an erroneous accident report on file, even if somebody doesn't find it!

the seller did not cause it and it is erroneous. The seller would have no reason to be required to disclose the issue to a prospective buyer. Just as with the current owner, the new owner's recourse would be with the entity reporting the incorrect fact.

 

[OHRoadwarrior]

I have probably owned and sold more cars than you ever considered owning. I currently have 4 because I sold my antique convertibles and monster truck when I became too disabled for them to be an enjoyment. I have my truck for moving things, my wifes modern convertible for summer driving and 2 regular "daily drivers".

Again, you're still delusional. You're simply giving bad advice. It doesn't matter if the buyer wants to check the car out or not. The fact that they can, and they MIGHT find something that will cause a loss is enough. And yes, private buyers do that ALL THE TIME! Clearly you've never tried to sell a car. For that matter if this guy wants to sell his car he legally needs to disclose the fact that there is an erroneous accident report on file, even if somebody doesn't find it! It lowers the value to the next buyer as well, regardless of what they actually paid.

OP - Just ignore this guy.

 

[remowest]

So, where would one look to find a lawyer that deals with this type of issue?

 

[Bali Hai]

So, where would one look to find a lawyer that deals with this type of issue?

The yellow pages.

 

[justalayman]

So, where would one look to find a lawyer that deals with this type of issue?

yellow pages, state Bar, local Bar, local bar (that;s a joke), friends, family.


a lawyer that practices in general civil law should able to help you.

I don't know how much the false report is devaluing the car but unless it is quite a bit, you could spend more to get the issue rectified than you would lose due to the affects of the report.

 

[davew128]

how are you injured by the report?

It also shows up when auto insurance companies quote you on a policy, and needless to say an at fault accident wrongly appearing will raise the quote substantially.

 

[Number21]

Until that happens, there is no loss.

Absolutely not true! The loss has ALREADY happened! There is a loss even if he never sells the car!

Why do the three most common posters on this website have to argue about everything even when they have no idea what they are talking about?

 

[Bali Hai]

Absolutely not true! The loss has ALREADY happened! There is a loss even if he never sells the car!

Why do the three most common posters on this website have to argue about everything even when they have no idea what they are talking about?

That's just the way it is.

 

[justalayman]

Absolutely not true! The loss has ALREADY happened! There is a loss even if he never sells the car!

no. there is no loss until he sells it. It's like owning stock. It doesn't matter what it is worth on any given day. The calculation for gains or losses is only when you actually realize the loss or gain by selling the stock.


and there is absolutely no loss if he never sells the car since the loss is determined by the difference between what he actually sold it for with the diminution of value caused by the slander and what it would have sold for without the diminution of value due to the slander. It is not realized until a sale takes place.

Why do the three most common posters on this website have to argue about everything even when they have no idea what they are talking about?

You only have 102 posts. You are not one of the 3 most common posters on this site.

 

[HighwayMan]

Why are you so afraid to name the company? The only other one I know of besides Carfax is Autocheck.

Has Carfax also picked up the bad information?

 

[OHRoadwarrior]

While 21 continues to rant, perhaps OP would like to do a bit of actual research by going to KBB and comparing the price of 4 or 5 dealer trade in offers with the KBB trade in value.

 

[Zigner]

It also shows up when auto insurance companies quote you on a policy, and needless to say an at fault accident wrongly appearing will raise the quote substantially.

The insurance company doesn't look to Carfax for a driver's accident history.

 

[davew128]

The insurance company doesn't look to Carfax for a driver's accident history.

No...it uses CLUE. https://personalreports.lexisnexis.com/fact_act_auto_claims/landing.jsp

And yes, my own company reported a hit and run I suffered as an at fault on CLUE which affected quotes from OTHER companies even if my own didn't consider me at fault internally. So yes, it is a real economic issue.

 

[Number21]

no. there is no loss until he sells it. It's like owning stock.

You are flat out wrong. Not a difference in opinion, just 100% incorrect. The loss has already happened. It is nothing like owning stock, the price will never go back up. It does not hinge on whether or not somebody buys it. The fact that his car is now worth less, and he can't get the full asking price any time he wants to sell it, is the loss.

He could find the closest used car dealer tomorrow and bring it in and take what they offer. The offer would be less than the car is worth due to the accident history. Now he has proven his loss. It makes no difference if he actually sells it or not, if the offer is less than the true value without an accident history, than he has proven his loss.

ANY used car dealer will do a check. Maybe some private buyers will not, but it doesn't matter. He is legally allowed to sell his car to a dealer any time he wants.

You only have 102 posts. You are not one of the 3 most common posters on this site.

I'm not talking about me. Further proof that you are not paying attention.


To the OP, what you're going to have to do is get the car appraised by somebody that specializes in diminished value, and then sue for whatever the loss is. That is the only way you can determine your loss, it has nothing to do with actually selling the car. This is extremely common, ignore all the three idiots fighting here that don't know what they are talking about. Do your own google search on "diminished value". Also there are a lot of very thorough explanations on Youtube for this subject. You likely will not recover the cost of the appraisal, or legal fees, unfortunately that's just the way it is.

 

[jimnyc]

And yet you yourself came here for help in reference to a used car dealership. I would take your posts for what they are worth - from a person who came here seeking help themselves, and then suddenly becomes and expert in all things and is now qualified to give legal advice.

Not saying who is wrong or right, but personally I wouldn't be relying solely on the opinion of someone else who also came here for help.