RedHen6 Posted May 22, 2009 Share Posted May 22, 2009 I just filed a claim yesterday. I am very nervous about it, although we felt it was the only thing we could do. We bought a car last fall that had been wrecked before we bought it (not totalled, but severely damaged). Obviously the responsible party fixed all the exterior damage, and jerry-rigged the interior damage to get it running again. Not only was the wreck not disclosed to us, but the car sailed through the safety inspection when it shouldn't have, according to our mechanic. Just looking for someone who has BTDT, and lived to tell the tale! Thanks, Korrie Quote Link to comment Share on other sites More sharing options...
PinkInTheBlue Posted May 23, 2009 Share Posted May 23, 2009 Korrie, I haven't ever had to do anything like this but I did want to say "sorry you're having to go through it" and it sounds like you're doing the necessary thing. This will also bump this back up. Quote Link to comment Share on other sites More sharing options...
TravelingChris Posted May 23, 2009 Share Posted May 23, 2009 I hate to be the bearer of bad news but if it was a private sale, it is a as is sale unless there is a contract in almost every state. IF the person made claims in the ad like never been in accident or something like that, you would have a case for fraud. However if all they said is it runs great or words to that affect, that is not a guaranty. You may want to turn into People;s Court since she often has car sale cases. You also will want to look up the law in your particular state. But the fact that it did pass inspection probably won't help you any. Sorry. Quote Link to comment Share on other sites More sharing options...
Mommyof4ks Posted May 23, 2009 Share Posted May 23, 2009 So sorry you are dealing with this. I don't know much about the law, but when we bought our used car we had a few days to take it to be checked by our mechanic before we were stuck with it. Did you get a car fax report or whatever those reports are that show if a car has been in a wreck? Maybe the lemon law will help you. Hopefully this will get worked out in your favor. Quote Link to comment Share on other sites More sharing options...
KidsHappen Posted May 23, 2009 Share Posted May 23, 2009 We went to small claims court before and we won. Unfortunately, even if you win it is your responsiblity to get your money. The court will not do it for you and it is a private debt so you have no greater recourse than any other bill collector. In other words, the only way you will get the money is if they give it to you. Either way, you still have to pay your court costs. Our entire experience ended up costing us. Then we were out even more money and had to dispose of a useless car. I am sorry you are going through this and I wish you the best of luck because I have heard of very few people that won and actually managed to collect their money. Quote Link to comment Share on other sites More sharing options...
Heather in Neverland Posted May 23, 2009 Share Posted May 23, 2009 http://www.lemonlawamerica.com/ That is a site that gives the lemon law for each state. And she is right, even if you win, you still have to collect which can require more court and more money. And it still doesn't guarantee you will get the money especially if the person files for bankruptcy. And since this is small claims court I assume that your claim is not a lot of money (in Michigan it has to be less than $3000). So yes, it could end up costing you in the end. It's a bummer. Carfax is a life saver and kept us from buying many lemon cars! Quote Link to comment Share on other sites More sharing options...
love2read Posted May 23, 2009 Share Posted May 23, 2009 We went through it years ago over something related to a car too. We lost. The burden is yours to prove beyond a doubt that you were wronged, and that's a hard thing to do. I don't mean to be negative, just to encourage you to do a lot of research on how small claims court works and what kinds of things you need to bring to win your case. We talked to a laywer friend before going. Quote Link to comment Share on other sites More sharing options...
Kate in Arabia Posted May 23, 2009 Share Posted May 23, 2009 We thought about small claims years ago when our landlord didn't pay back our security deposit when we moved. It was a lot of money for us at the time, and he didn't give any reason, he just "disappeared", wouldn't answer his phone, etc. My dad (a lawyer) said it wasn't worth the time, effort and fees -- besides he could just get a friend say he had to do repair work or whatever and there would be no way to prove he was lying. Are there positive stories that come out of small claims court? Just wondering, because I don't know that I've ever heard any, except for those looking for a moral victory more than a monetary one. Quote Link to comment Share on other sites More sharing options...
Rita Posted May 23, 2009 Share Posted May 23, 2009 Are there positive stories that come out of small claims court? Just wondering, because I don't know that I've ever heard any, except for those looking for a moral victory more than a monetary one. We took tenants to small claims court. We won, but it was a moral victory. I sincerely doubt that we'll ever see the money, but there is a judgment on their record that they will have to pay if they ever want to buy a house. There are ways to get the money (if he was working, we could get a garnishment on his wages, but he's self employed) I'm sorry the OP has a problem with the car :( Rita Quote Link to comment Share on other sites More sharing options...
RedHen6 Posted May 23, 2009 Author Share Posted May 23, 2009 Just wanted to say "thanks" for your good wishes. We didn't purchase the car in a private sale, but from a dealer. They provided us with a CarFax report, which did not show any accidents. That, legally, should constitute a "material misrepresentation of fact." (I have since learned that CarFax reports are not often worth the paper they are printed on!) There are a whole lot of other fishy things that went on as well (for example, they did not provide us with the safety inspection certificate, and lied to us about where it was done). My BIL, who is an attorney in another state, told us that small claims is probably our best option, and I trust him, but it still makes me very nervous. I look at it this way...we have already paid out the money for all the car repairs. It's gone. It cost another $100 to file the small claims suit. If we lose, they can't take anything more away from us. If we win, it will have been worth it. Quote Link to comment Share on other sites More sharing options...
Mary in VA Posted May 23, 2009 Share Posted May 23, 2009 Your BIL has probably already told you this, but get a sworn statement from your mechanic about the pre-existing damage to the car. Or better yet, bring him in as a witness if he can spare the time. Good Luck! Mary Quote Link to comment Share on other sites More sharing options...
chai Posted May 23, 2009 Share Posted May 23, 2009 We thought about small claims years ago when our landlord didn't pay back our security deposit when we moved. It was a lot of money for us at the time, and he didn't give any reason, he just "disappeared", wouldn't answer his phone, etc. My dad (a lawyer) said it wasn't worth the time, effort and fees -- besides he could just get a friend say he had to do repair work or whatever and there would be no way to prove he was lying. Are there positive stories that come out of small claims court? Just wondering, because I don't know that I've ever heard any, except for those looking for a moral victory more than a monetary one. We had a similar situation. Our landlord said that she had sent us the deposit, but we never got it. After trying to contact her many times, we filed in small claims court. Almost immediately, her lawyer called us and asked us to settle. They paid the entire deposit plus interest and our court fees. I don't think that she was a dishonest person, just neglectful, and that may have made it easier for us to collect. (She later found the deposit check under the seat of her car.) Quote Link to comment Share on other sites More sharing options...
TravelingChris Posted May 23, 2009 Share Posted May 23, 2009 Since it was a dealer sale, that will be much easier to prove. I would get the mechanic to appear in court, if that is not too much money. I would take the carfax report and start searching on the internet for police reports in those states the car was registered for any accident reports. They may or may not be available to the public depending on the state. Bring the photos, bring all the evidence you can. If this is not a dealer that is about to close, I think you have a decent chance. (I don't think you will get anything from all those dealers who are closing). They may very well want to settle. If you have no problems appearing on tv, try getting your case heard there. Then you will definitely be a winner since you will get your judgement from the tv show and even if you lose, you will still get half of the total pie, if they don;t have a counterclaim. Quote Link to comment Share on other sites More sharing options...
Sandy in Indy Posted May 24, 2009 Share Posted May 24, 2009 We took a tenant to court once and won. If we'd had her ss number, we could have collected it. As it was, she disappeared. I was a debt collector at the time and was so close to finding her that her dad came and paid the bill. I hope you get a favorable judgement. Since it's a business, you'd have a better shot at actually collecting, I think. Quote Link to comment Share on other sites More sharing options...
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