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Bought a crashed car that wasn't disclosed

  • 09-11-2017 8:50am
    #1
    Closed Accounts Posts: 47


    Simply put it I bought a 2015 Ford Focus that has been crashed and fixed up had it checked by a mechanic and he told me. I've only had it for around 30 days. Mechanic said it got a new bumper,side wing and a new door.

    Do I have any laws protecting me or anything really? It was a private purchase if that helps?


Comments

  • Registered Users, Registered Users 2 Posts: 84,733 ✭✭✭✭Atlantic Dawn
    M


    What came up on the history check you ran before you bought it?


  • Closed Accounts Posts: 4,121 ✭✭✭amcalester


    Did you ask if it had been crashed and can you prove the seller was aware that it had?


  • Closed Accounts Posts: 47 atfbc9rl0oenhv


    amcalester wrote: »
    Did you ask if it had been crashed and can you prove the seller was aware that it had?

    Yes I did he said no, don't think I would really. There was nothing off until I did a check afterwards.


  • Closed Accounts Posts: 47 atfbc9rl0oenhv


    What came up on the history check you ran before you bought it?

    I didn't do one before I bought it, did one just now it says it is a Cat C.


  • Moderators, Business & Finance Moderators Posts: 17,856 Mod ✭✭✭✭Henry Ford III


    Unless you can prove that the seller knew it had been crashed you have no comeback.

    p.s. Always do your datachecks before buying.


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  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    Did you buy it privately or from a dealer?

    "Crashed car" is also a broad term. There is a differentiation between and "crashed" car and a "damaged" car.

    An old lady could brush her car off her concrete garden pillar at 5km/h and it would need a new door and a wing. Technically, you could redder to that as a "crashed" car, but the repair work is all cosmetic.

    The only problem I'd have with that is if the repair is reasonably obvious to a trained eye, I'd be disappointed that the finish of the paintwork may not be great. From a safety/ structural stand point though, which is what most people worry about with a "crashed" car, having a wing and door replaced poses no safety issue whatsoever.

    I'd first get your mechanic to confirm his statement and clarify if the car has been "crashed" and has a compromised structure or if it has been "damaged" and has had a cosmetic repair.

    If you've bought it from a dealer and it's been crashed and has structural repairs, you may have an arguement for compensation/ refund. Based on you only having bought it 30 days ago and it's now with your mechanic already I assume it was a private purchase though in which case you may be on your own regardless of what your mechanic says.


  • Moderators, Business & Finance Moderators Posts: 17,856 Mod ✭✭✭✭Henry Ford III


    Did you buy it privately or from a dealer?

    "Crashed car" is also a broad term. There is a differentiation between and "crashed" car and a "damaged" car.

    An old lady could brush her car off her concrete garden pillar at 5km/h and it would need a new door and a wing. Technically, you could redder to that as a "crashed" car, but the repair work is all cosmetic.

    The only problem I'd have with that is if the repair is reasonably obvious to a trained eye, I'd be disappointed that the finish of the paintwork may not be great. From a safety/ structural stand point though, which is what most people worry about with a "crashed" car, having a wing and door replaced poses no safety issue whatsoever.

    I'd first get your mechanic to confirm his statement and clarify if the car has been "crashed" and has a compromised structure or if it has been "damaged" and has had a cosmetic repair.

    If you've bought it from a dealer and it's been crashed and has structural repairs, you may have an arguement for compensation/ refund. Based on you only having bought it 30 days ago and it's now with your mechanic already I assume it was a private purchase though in which case you may be on your own regardless of what your mechanic says.

    OP said it was a cat C and bought privately.


  • Registered Users, Registered Users 2 Posts: 51,360 ✭✭✭✭bazz26


    Cat C while still legally can be repaired to a high standard is still a substantial repair. If you bought it from a supermarket car park type seller off donedeal then you have no comeback but if you bought it from a legitimate motor dealer then you have grounds for recourse with them even if they claim they were not aware of it.

    You really need to learn from this and do proper due diligence on a car including a history report prior to buying rather than afterwards.


  • Moderators, Business & Finance Moderators Posts: 17,856 Mod ✭✭✭✭Henry Ford III


    bazz26 wrote: »
    Cat C while still legally can be repaired to a high standard is still a substantial repair. If you bought it from a supermarket car park type seller off donedeal then you have no comeback but if you bought it from a legitimate motor dealer then you have grounds for recourse with them even if they claim they were not aware of it.

    You really need to learn from this and do proper due diligence on a car including a history report prior to buying rather than afterwards.

    Why not read his posts bazz? It was bought privately.


  • Registered Users, Registered Users 2 Posts: 2,293 ✭✭✭billybonkers


    Category C The vehicle is repairable but the parts and labour would exceed the value of the car. A Category C is repairable salvage. Usually applies to vehicles with significant damage and where the cost of repairs exceeds the book value. The Motor Insurers Anti-Fraud and Theft Register (MIAFTR) defines Cat C as repairable total loss vehicles where repair costs including VAT exceed the vehicle’s pre-accident value (PAV).

    But this is just the Irish system mimicking the UK one, I don't think there is a formal system in place. This is how the insurers would view the damage etc

    So structurally the car should be ok.

    Is their an engineers report.

    I would call the seller and tell him you are aware now that the car was damaged and repaired. Ask him was he aware of this and is their an engineers report available. Find an original copy of the advert.

    You may have issues with insuring that car without an engineers report!


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  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    OP said it was a cat C and bought privately.

    Looks like that post went up while I was typing mine.


  • Registered Users, Registered Users 2 Posts: 51,360 ✭✭✭✭bazz26


    Why not read his posts bazz? It was bought privately.

    Looks like a Ninja post edit.


  • Registered Users, Registered Users 2 Posts: 1,990 ✭✭✭extra-ordinary_


    Category C The vehicle is repairable but the parts and labour would exceed the value of the car. A Category C is repairable salvage. Usually applies to vehicles with significant damage and where the cost of repairs exceeds the book value. The Motor Insurers Anti-Fraud and Theft Register (MIAFTR) defines Cat C as repairable total loss vehicles where repair costs including VAT exceed the vehicle’s pre-accident value (PAV).

    But this is just the Irish system mimicking the UK one, I don't think there is a formal system in place. This is how the insurers would view the damage etc

    So structurally the car should be ok.

    Is their an engineers report.

    I would call the seller and tell him you are aware now that the car was damaged and repaired. Ask him was he aware of this and is their an engineers report available. Find an original copy of the advert.

    You may have issues with insuring that car without an engineers report!


    Is there even anything binding in Irish law governing any of this or is it purely an informal adoption of the ABI category system in the UK?
    Cat C vehicles will not be allowed back on the road in the UK without an engineers report but I is there any such stipulation here?
    .

    Also, even if a private seller is aware of previous damage done to the car - he's in no way compelled to disclose this unless asked is he?


  • Registered Users, Registered Users 2 Posts: 2,293 ✭✭✭billybonkers


    Is there even anything binding in Irish law governing any of this or is it purely an informal adoption of the ABI category system in the UK?
    Cat C vehicles will not be allowed back on the road in the UK without an engineers report but I is there any such stipulation here?
    .

    Also, even if a private seller is aware of previous damage done to the car - he's in no way compelled to disclose this unless asked is he?

    Informal adoption yes, I do not believe that it even has to be reported anywhere on any database that it was damaged etc.

    If it was cosmetic repair then no need I suppose.

    But if structural damage there should be a system in place where mechanics have to report, but again I do not think there is. There are heaps of unsafe cars on the road.

    What exactly did the mechanic say was the damage OP?

    "new bumper,side wing and a new door"

    Could be the result of frontal impact to the front quarter of the car. I would suggest you have the frame, chassis etc examined for its integrity


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