Used Car Dealer Crashed My Car Before Delivery

[ninertriplezero]

Jurisdiction

New York

I bought a used '03 BMW m3 from a used car lot three days ago. I paid cash, but I did not take the car at that time. Since I live in NY and the dealer is here too, they handle the registration transfer and state safety inspection. They called me yesterday saying the car had been hit-and-run on the way to or from the inspection station. The dealer himself was driving. They sent me pictures of the damage and it is extensive. I showed the pictures to a body shop and they gave me guesstimate of around $10k in damage, easily 80% of the purchase price. The car was insured for liability but not for collision. The dealer has offered to repair the car, but I have serious doubts about their willingness/ability to repair the damage to my satisfaction. What, if any standing do I have to demand a refund?

 

[army judge]

The damage to the car was caused by the dealer.
The dealer should carry state mandated insurance.
I bet this guy has none.

I'd file a complaint with DMV if he refuses to cancel the deal.
His actions caused the car to be totaled.
He can't deliver as agreed to in your contract.

Report him, if he gives you a song and dance:

Report a problem with a DMV regulated automotive business


Your insurance need not cover it, and you don't have to report it to them.

You weren't involved in his collision.

Get your money and run.

You're lucky.
Buying a thirteen year old car is a risk.

You can buy a new car for about twelve/fourteen grand.
Not a Beamer, but it'll run for three or four years without issue.

 

[ninertriplezero]

Thanks, I'll look into that. This is very informative.

As for the car choice, I'm a car guy. All my cars are at least 13 years old, and in all the buying and selling I've done, this is a first.

Thanks again.

 

[army judge]

Thanks, I'll look into that. This is very informative.

As for the car choice, I'm a car guy. All my cars are at least 13 years old, and in all the buying and selling I've done, this is a first.

Thanks again.

Roger that.
When the dealer told you about the collision and damage, did he present it as, "Okay, how are YOU going to pay for the damages?"

Or, did he put it something like this, "Sorry for wrecking your car. I'll take care of the damages. It was all my fault. Do you want me to repair it, or refund your money?"

 

[ninertriplezero]

Roger that.
When the dealer told you about the collision and damage, did he present it as, "Okay, how are YOU going to pay for the damages?"

Or, did he put it something like this, "Sorry for wrecking your car. I'll take care of the damages. It was all my fault. Do you want me to repair it, or refund your money?"

It was more like, Sorry for wrecking your car, we are willing to repair it, but there will be compromises on both sides.

Because of the expense of repairing such extensive damage on an expensive-to-repair car, I have serious doubts that he is at all interested in repairing the car properly, and instead intends to do the minimum possible to get me out the door.

He said either this will be a win-win for both parties or a lose-lose. I took this to be a veiled threat that he was willing to go to court if I demanded my money back. It was an uncomfortable conversation.

I don't suspect he is being dishonest about what happened, but I do suspect that he will gladly leave me with a shoddily repaired car. This is unacceptable to me.

 

[txls]

Morally and ethically he should just refund your money. Not sure if he has to legally.
However, he should report it to his insurance company and they should allow you to choose where you want it repaired and they should provide you with a rental.

 

[army judge]

It was more like, Sorry for wrecking your car, we are willing to repair it, but there will be compromises on both sides.

Because of the expense of repairing such extensive damage on an expensive-to-repair car, I have serious doubts that he is at all interested in repairing the car properly, and instead intends to do the minimum possible to get me out the door.

He said either this will be a win-win for both parties or a lose-lose. I took this to be a veiled threat that he was willing to go to court if I demanded my money back. It was an uncomfortable conversation.

I don't suspect he is being dishonest about what happened, but I do suspect that he will gladly leave me with a shoddily repaired car. This is unacceptable to me.

Okay, search that DMV site to see if he's properly licensed and in good standing.

If not, file a complaint with DMV.

You aren't on the hook for any damages he or his employee caused.

Then you need to learn more about the collision.
For all you know, the driver (him or his employee) could have damaged property or other cars and he fled, leaving the police to one day come knocking on your door.

A car with that much damage to it, would necessitate a police report to have been filed.

Its NY law.

If you are in an accident, you are required by the NYS Vehicle and Traffic Law to stop and exchange information with the involved drivers.

If the accident caused property damage only, then exchange information about your driver license, insurance, and registration with the involved drivers.

If a parked vehicle or other property is damaged, or if a domestic animal is injured, you must locate the owner or contact the police.

If the property damage of any person is $1,001 or more, all the involved drivers are required by the NYS Vehicle and Traffic Law to file a Report of Motor Vehicle Accident (MV-104). File form MV-104 with the DMV no more than 10 days after the accident. The DMV can suspend your driver license if you fail to report an accident.

If a person is injured or killed, you are required by the NYS Vehicle and Traffic Law to immediately notify the police. All the involved drivers and the police must file an accident report with the DMV. It is a crime to leave the scene of an accident that causes personal injury or death.

The accident appears on the records of all the involved drivers. An accident listed on your driver record does not indicate that you were at fault. The DMV does not try to determine fault in an accident.


How do I get a copy of my accident report?

Call or visit the local police agency or precinct where the accident occurred. Ask the agency if your report is available and what the fee is.

OR

If the police and/or motorists' reports have already been filed and processed by the DMV, see Get an accident report for information about how to locate and access PDF copies of accident reports



Motorist accident reports


n New York, the driver of a car involved in an accident must file a written accident report within 10 days of the accident, on an official New York State DMV motorist accident report form, if:

a person was killed or injured in the crash, or
the accident caused damage to the property of any one person in excess of $1,000.


If I Fail to Report an Accident in New York State?

New York has a number of different punishments for failure to report an accident.

Failure to make the immediate oral report of an accident involving only property damage is punishable by up to 15 days in jail, a fine of $250, or both.

Failure to make the immediate oral report of an accident involving personal injury is a Class A misdemeanor, punishable by a fine of not less than $500 and up to $1,000, up to 1 year in jail, or both. However, failure to make the immediate oral report of an accident involving a serious physical injury is a Class E felony, punishable by a fine of not less than $1,000 and up to $2,500, up to 4 years in jail, or both.

Finally, failure to file a written accident report is a misdemeanor and constitutes grounds for suspension or revocation of the driver's license or vehicle registration.

 

[txls]

Well now you know he isn't going to do the right thing. There should be no compromise on your part. What a jerk. From the police report you should be able to get his insurance information. You can call the claim in to them yourself. Alternatively you can call it in to your insurance company and let them handle it with him and his insurance.

 

[ninertriplezero]

Thanks to everyone who responded. I have contacted a couple lawyers who were willing to chat with me about the situation and both feel I have decent grounds to demand a refund. I'm going to start with contacting them myself, then if that does not pan out, I will have to escalate the situation. Army Judge, the advice about the DMV report is super helpful. Wish me luck.

 

[army judge]

Thanks to everyone who responded. I have contacted a couple lawyers who were willing to chat with me about the situation and both feel I have decent grounds to demand a refund. I'm going to start with contacting them myself, then if that does not pan out, I will have to escalate the situation. Army Judge, the advice about the DMV report is super helpful. Wish me luck.

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