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Auto Insurance Claims/Problem with out of state car purchase

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Question
Hi.  I purchased a car from out of state from a dealer.  The car is a 2009 and was purchased as an "as is" warranty.  I was unable to go see the car prior to the purchase, but I did check the numerous pictures carefully, had the verbal assurance from the salesman and manager that it was perfect and without problems, and they had an A+ BBB rating.

The car was dropped off at 8 PM.  Myself and 3 buddies looked at it carefully and couldn't see anything wrong.  By the next day, there were a few problems. The roof wouldn't retract (it's a convertible) and there was a 9 inch scratch, admittedly hard to see, in the left front fender.  There were also numerous tiny rock chips in the windshield.

The seller indicated that everything worked fine at his location, that the scratch was not reported on the transport document, and that the windshield was "normal wear and tear" and regardless he's not paying for any repairs.  He suggested I get the windshield repaired by one of the companies that do that.  Well, I checked with several of those companies and several dealers and all have recommended that the windshield be replaced.  The dealer will take the car back, but refuses to fix anything.

Any suggestions?  I really don't want to send the car back as it is otherwise great and I realize I was taking a chance by not actually seeing the vehicle.

Answer
Hello,

I am starting to get frustrated. I answered this question three days ago and evidently for whatever reason was not published.
As for your situation: At least the dealer is willing to take the vehicle back and refund your money. You bought is under AS IS, so they are under no obligation to fix anything. The ball is in your court and it is up to you if you want to keep the car.
So, if you are willing to live with the defects, then keep the car. If not, send it back.
If you are asking if he is required to pay anything toward the windshield or the scratch or anything else you find at a later date, the answer is no. That is what AS IS means.
I really don't know what else I can tell you because your question kind of described your situation.
If the vehicle was deliberate misrepresentation of its condition, I don't see where the dealer would offer to buy it back. The vehicle is a used car and by its nature is going to have imperfections.
Unfortunately in some of my past instances, I did deal with shady car dealers that knew they were selling me a problem car and they never offered to take the car back.

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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