Los Angeles, CA asked in Car Accidents and Consumer Law for California

Q: Can i file a fraud claim for a used car incident?

I am financing a used car and was told it had never been in any previous accidents. However, I found out the car in fact has been in an accident that left the hood caved in. This is hurting my trade in value and I'd like to know if i can file for fraud or false claim and get a full refund.

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2 Lawyer Answers
Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: Each of these things are possible depending on just how bad the prior damage is. If it's a few thousand, you are likely in small claims for the difference in the trade in value you get compared to what you should have received. IF it's a lot more, then you may end up with a potential unwind of the fraudulent deal...

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More info is needed to properly evaluate your case.

What you are doing is the same as asking a doctor to diagnose your problem over the phone when you say I have a stomach ache, can you cure me and what will it cost?

However, it is always a good idea to contact a local attorney proximate to the court to which you would appear.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an LA case.

Most DUI and PI lawyers will offer a free consultation to review the facts. Most other areas of law are handled on an hourly, and thus I always suggest a prospective client write out a detailed summary in a page or so. That way you are not paying a lawyer to play secretary.

This is not the type of case most lawyers would handle on a contingency. Thus your legal exposure is probably more than the loss of value. Consider Small Claims where you can sue for up to $10k.

You also may be able to reverse the sale. Before you sue, send a letter summarizing all the facts. Send a copy certified to the seller and a copy in regular mail to yourself but don't open it. Bring it to court to show the judge.

Call a local attorney to discuss your matter in more detail and to request an appointment.

If you need help finding a good lawyer please contact me at my number below. Good Luck

Dale Gribow

Attorney at Law

“TOP LAWYER” Palm Springs Life

73-061 El Paseo, Suite 220

Palm Desert, CA 92260

Office - 760-837-7500

Fax - 760 837-7502

Dale@DaleGribowLaw.com

www.DaleGribowLaw.com

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