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I traded a vehicle. I was involved in a minor accident (1782.00).

 
Lucy, Esq.'s Avatar
  • Answered by:Lucy, Esq.
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Customer Question

I traded a vehicle. I was involved in a minor accident (1782.00). We notified the dealer and they said no problem. We took delivery on our new vehicle and signed the title over to them. They contacted us 30 days later asking if we had a claim opened on the vehicle. We did but the adjuster told us we were no longer responsible for this vehicle sinse we signed the title over to them. He said they took the vehicle as is. When we took delivery of our car the saleman told my wife and I don't worry about the trade in vehicle. Is the adjuster correct? The Dealer told him he was sending us a bill for the repair.

 

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Country relating to Question: United States
State (if USA): Kentucky

Already Tried:
Jst talked to the adjuster and dealer

Submitted: 290 days and 23 hours ago.
Category: Consumer Protection Law
Value: $28
Status: CLOSED
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Expert:  Lucy, Esq. replied 290 days and 23 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

The sale of a used vehicle is as-is. The dealer had the ability to inspect the car before accepting it or agreeing on a trade-in price. They're bound by the deal that they made, even if it turned out not to be so good for them, just as you would be bound by the deal that you made even if you later found out that you overpaid for your car (I guarantee, they wouldn't give you a refund). Read through the contract carefully to see what it says. If there's something in there where you agree to have the car repaired, or give them any insurance proceeds you get from the car, then you'd be responsible. That's the only way. You don't have to pay for repairs.

Good luck.

Customer replied 290 days and 23 hours ago.

So if they send me a bill. I should explain what you had told me in a letter and send it back to them?


 

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Expert:  Lucy, Esq. replied 290 days and 23 hours ago.

You don't even have to respond, unless they take you to court for it (at which point, they'll lose). You can write them back, telling them that you're not responsible and that you refuse to pay to see what they do. You can also ask them to send you a letter validating the debt, under the Fair Debt Collection Practices Act. If they start trying to collect a debt you don't owe, you can also send a certified letter under Section 805, ordering that they cease contacting you immediately.
http://www.creditinfocenter.com/forms/sampleletter9.shtml


Hopefully, it won't get that far. They may think they can just tell you to pay and you'll do it, without them providing any evidence that you owe it.

Expert TypeLawyer
Category: Consumer Protection Law
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Answered: 6/27/2012

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