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10-17-2018, 06:13 AM | #1 |
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Found out the used M4 I purchased had been in an accident
Hello everyone, I need help finding a lawyer to sue BMW Beverly Hills, CA.
Six months ago, I bought an used M4. They told me that the car doesn't have any damage or accidents. We signed a CLEAR CarFax report. A month ago I checked the CarFax again and found out the car has frontal damage which happened almost one year before the purchase date. They didn't disclose this information to me. On the contrary, they said the car is perfectly clear. If any of you dealt with a problem like this I need your help. Thanks. |
10-17-2018, 07:07 AM | #3 |
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This, especially if they provided a clean CarFax at the time of purchase.
Is the car having problems? Why did you re-run the CarFax? Consider getting an independent pre-purchase inspection in the future rather than relying solely on dealer representations and vehicle history reports.
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10-17-2018, 08:42 AM | #4 |
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I feel the frustration. I had the same issue when I bought a CPO BMW 3 series with a clean carfax, The report updated 6 months later with an accident when I randomly ran it again. Report said minor side impact. Dealer refused to help, carfax said it's not their fault, the accident was updated later. Basically no luck, so I just traded it back in a few months later as I couldn't deal with a car knowing that it had been in an accident.
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10-17-2018, 08:51 AM | #5 |
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I think it's better to open a class action against Carfax for being so utterly pointless
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10-17-2018, 09:00 AM | #6 | |
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regarding the dealership in question, might be interesting to see if Carfax mentions who did that bodywork and whether that place is affiliated with the dealership. |
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10-17-2018, 09:36 AM | #7 | |
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Unless you can prove that BMW BH knew of the damage - a literal impossible task unless it is noted in the car's service history. Otherwise, BMW BH made the statements in good faith. BMW BH not responsible for the delay in reporting of info to Carfax. If you are so upset, sell the car and take the loss. That loss will be less than you will end up paying to a lawyer. |
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10-17-2018, 12:38 PM | #8 |
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Can you contact the DMV to ask accident info instead of Carfax? I'm sure Carfax gets the data from them since you have to report to DMV if you have an accident that's over $700 in damage or something like that.
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10-17-2018, 01:49 PM | #10 |
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Have you gone to BMW of Beverly Hills and asked them what might have happened and if they are willing to make it right?
My guess is that it was NOT on the Carfax at the time and showed up later. So as far as they knew, the car was not in an accident at the time they told you?
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10-17-2018, 01:50 PM | #11 |
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What IK6Speed mentioned is correct. Lawyers are scumbags. They will tell you that you have a case and you will transform into an ATM for them to which they can make monthly withdrawals from.
Carfax and BH can both deny your claims. Lawyer will charge you at least $200/hour and you can expect him or her to do 10-20 hours of work per month for your case. |
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10-17-2018, 02:06 PM | #12 | |
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Some of the later do not report to them. A car I had was listed as same accident twice 3 months apart as 2 Insurance Companies reported it to Carfax. Old guy ran stoplight, his Insurance filed and then backed out. Personal Geico policy covered but they reported again. Carfax also reported a wheel being repaired when it was a wheel that was not even returned to car. And there was not a damn thing I could do. |
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10-17-2018, 02:18 PM | #13 |
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Also, this is a common thing. Dealers will receive damaged cars from transport and intentionally delay filing the "new" car being in an accident until AFTER the vehicle is sold.
"Oh we are sorry, there must have been some delay from when the report was submitted and when it was actually listed on the carfax." You have to prove it was intentional - that there was indeed fraud taking place. Someone mentioned that carfax should be held liable for having such a shitty system that can be taken advantage of in place, yet advertising to consumers that if the carfax is clean, the vehicle is clean. Wiki info on a previous class action- (question the accuracy). Class action lawsuit In a 2006 class action lawsuit, West v. Carfax, Inc., the plaintiff claimed that Carfax violated consumer protection laws by not disclosing the limitations of their service, specifically their inability to check accident records in 23 states in the U.S. while stating that their database contains information from all 50 states.[16] The lawsuit was settled in May 2007 in the Trumbull County Common Pleas Court in Warren, Ohio.[17][18] Carfax spokesman Larry Gamache said more than 10 million consumers were affected. The company asserts that it has major accident information from all 50 states and it backs up its claim with a buyback guarantee. The settlement in the West v. Carfax, Inc lawsuit was overturned, not on the merits of the issue, but on the terms of the settlement which did not offer enough to the impacted consumers and because "not enough consumers were notified and the judge should not have agreed to the settlement without knowing more about what it would cost Carfax.[19] |
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10-17-2018, 02:22 PM | #14 |
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Over the years of car ownership I learned never to rely on Carfax report. It is not always accurate. Back in early 2000 I had a car that was hit while parked in front of then Circuit City. The other driver fled the scene. The bumper and rear left tail light were damaged and had to be replaced. Total cost was over $2k. This incident was never captured by Carfax. A different car that I had owned got into a collision. Damage was over $5k. This incident was never captured by Carfax. Even today if I run the vin on Carfax both cars show clean history report.
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10-17-2018, 02:23 PM | #15 |
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accident
Touche…..The only way too really know is to have a bodyman look at car before you purchase, But how many people do that..Unless its a classic car. Carfax is a joke its not what it claims to be.I wouldn't waste my $$$ trying to sue. If you cannot see or notice any damage ide just drive and enjoy car....Or get rid of it..
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10-17-2018, 06:43 PM | #17 |
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Was there something else going on with the car that caused you to recheck carfax 6 months after the fact? Just trying to judge the level of paranoia we're dealing with here. Assuming the car was operating fine prior to this "new" information then it should continue to operate fine afterwards. If you just can't accept that then sell it. Some other guy who could give two shits about one carfax report will enjoy her in good health.
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10-17-2018, 07:00 PM | #18 | |
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Same friend that owns the dealership is a police officer and he told me Carfax actually handles the distribution of Police reports for certain city departments in our state - that's how the get the accident info. So at least in RI if you get into an accident in a city where Carfax doesn't handle the police reports there's a good chance it will never show on Carfax.
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10-17-2018, 07:46 PM | #19 |
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I sold a car to CarMax about 3 months after I got rear-ended. It did not show up on CarFax even though I did an official insurance claim. How long does it take for an accident to show up?
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10-17-2018, 08:43 PM | #20 | |
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With that said, it's why I'm anal about PPI and relying on first-hand facts vs. Carfax and reporting. As others have said, I wouldn't stress too much. Try to figure out the extent of the damage. Was it just a bumper repaint due to a parking lot scrape? Or was it a re-built front-end from hitting a tree and air-bags deploying? "Front end damage" can mean a lot of things. I scratched my old S5 in a parking lot squeezing out...1mph scraping against the wall...and it was "front end damage" on the Carfax. I'm not a lawyer so this isn't legal advice, but you're likely better off finding a way to meet in the middle with the dealership. Ask them for some money back, free extended warranty, take it back at what you paid on a trade-in on a different car (unlikely but hey, aim high).
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10-17-2018, 09:29 PM | #21 | |
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Make em pay
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I completely agree, contact bmw usa and make them fix the issue honestly! |
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