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What if your CPO had an accident but the dealer CarFax did not show?

3K views 19 replies 12 participants last post by  Nhcycle  
#1 ·
1. Purchased a 2016 OB (CPO) from a dealer (back in 2020) and the carfax was / is clean
2. Fast forward, my son was involved in a minor accident (another party reversed into the car - very minor damage)
3. In addition to repairs, the counterparty insurance was going to compensate for the reduction in residual value due to this accident
4. but the insurance company (who is using Experian AutoCheck and Autocheck has a "policy report #) says "oh, you already had an accident back in 2016"

That's where I said "WTF"...then contacted the SoA (and forwarded the AutoCheck) who also worked with the dealer:
1. SoA basically said "not our problem as even the most recent CarFax doesn't indicate any accident, so go away"
2. "the previous owner may fixed the car somewhere who doesn't work with CarFax"

I may contact the dealer but I am sure I will still get the same old "oh CarFax didn't say anything". However, from my VERY BIASED point of view, the fact is this OB had an accident back in 2016. Is this even "legal" just because the dealer checked CarFax and not other source(s)? I feel like SoA's response was very elementary school student-like "oh he said so, hence it's true".

Not looking for a legal advice and just wanted to vent and get some opinions before I contact the dealer (gave up on SoA) and/or file a small claims or something (I really hate the fact that SoA didn't even say "oh sorry" but more like "CarFax said so and go away." (to be fair, there may be some legal implication of admitting "guilt")

I feel like I was dating a girl whom I developed loving relationship only to find out she had a hidden, shady history ;-)
 
#4 ·
Yes it's legal. Carfax and any other 3rd party providing accident or repair details is not all inclusive. I'm sure if you read the fine print you'll find your answers. As to the dealer/CPO status, again it just means it has met their inspection needs. I have no idea what that fine print says but I can tell you this.....if a private owner was in an accident that was not reported to Cardfax how would Subaru ever know, unless the repair was obvious. And even if it was obvious does the dealer have an legal responsibility (in your state) to disclose this? If the title were 'salvaged' they'd have to disclose that but otherwise????

All hazards of used car buying. Carfax and CPO status' are better than nothing but ultimately mostly a 'feel good' designation.
 
#11 ·
In my state, when you trade in or sell a used car, you have to disclose if the car has been damaged in accident that exceeded 25% of the value of the car. Since the car was almost new, that could have been a pretty good accident, and depending on the laws of the state(s) involved, no one did anything wrong by not disclosing it.

Carfax, Experian, etc., are not foolproof. Two examples: I went to Carmax to buy a used BMW for my son in 2018. Clean Carfax. It had obviously been hit more than once, and repaired poorly. I passed, and bought another used BMW that DID have an accident on the Carfax, but I could tell it was just one door and a good repair. Not a big deal, probably a parking lot booboo.

I was lightly rear ended in another car, just the rear bumper cover needed replacement. I thought about not even getting it fixed and keeping the money. The CarFax months later said it had been hit rear AND front, and the airbags went off. Total nonsense.
 
#12 ·
What difference does it make that the car was in an accident years ago? You have owned and we assume driven the car since 2020 and evidently had no idea it had ever been touched. The American public, with no knowledge, has bought into this CarFax nonsense and assume if there was a door scratch years ago the car must be almost worthless. If you owned and drove it for four years and couldn't figure it out...nobody owes you anything!
 
#16 ·
If the damage was deemed minor, then likely a dent and not structural damage. Likely fender and headlight assay and/or bumper cover replacement. At the time of the accident the damaged part(s) would be replaced with OEM parts and as such the vehicle would be considered to be restored to original condition. As it relates to the value of the vehicle, the event has little if any affect. I just recently experienced this whereby someone backed into our 2016 outback Ltd in a parking lot. It was reported to CarFax and had no affect On value. I brought vehicle to two Subaru dealers and even showed the damaged….they didn’t care as it was restored to original condition with OEM parts - which it was by a Subaru-certified repair shop. The dealers assessed the vehicle as in ”Excellent Condition” which is rare. There were no scratches or blemishes before and after the bump And repair.mIronically, we were in the process of listing the car for sale and since it’s repaired/restored, we have listed it and getting a lot of interest.

so, to the OP, the dealer likely didn’t deceive you by selling your vehicle under CPO because it’s primarily a power train warranty. Dealership don’t pull information, they receive only reported information to Carfax and any other service does the same. Continue to enjoy your vehicle..
 
#18 ·
I don't really get the #3 in terms of diminished value. The insurance company is liable for the damage their insured caused. If you get estimates they will establish an amount to repair the vehicle (could use aftermarket or junkyard parts potentially) and cut you a check or if you went to one of their recommended shops possibly pay them direct.

If the claim is not for a total loss of the vehicle what is the diminished value they're claiming exactly?

If the vehicle has a clean title and the damage is apparent from the incident previous repairs are not really relevant.
 
#19 ·
Also, if the damage is indeed "very minor" and not likely impact resale on a 8 year old car consider keeping the money and driving a very minor damaged car, nothing shady about that.

My first car was a civic. Someone backed into the hood in a big truck and left a scrape. The cars value was not really impacted but the damage was done nonetheless. Nothing shady about keeping the money and living with the damage. They are liable for the amount to repair, nothing says you must perform the repairs with the money.
 
#20 ·
From a recent CarFax Report:p
  • This CARFAX Vehicle History Report is based only on information supplied to CARFAX and available as of 7/25/24 at 7:59:03 PM (CDT). Other information about this vehicle, including problems, may not have been reported to CARFAX. Use this report as one important tool, along with a vehicle inspection and test drive, to make a better decision about your next used car.
Damage SeverityDamage events result in one of the following severity levels:
  • Minor: Generally, minor damage is cosmetic (including dents or scratches), may only require reconditioning, and typically does not compromise a vehicle's operation and/or safety.
  • Moderate: Moderate damage may affect multiple components of the vehicle and may impair the vehicle's operation and/or safety.
  • Severe: Severe damage usually affects multiple components of the vehicle and is likely to compromise the vehicle's operation and/or safety.
that sums up the situation….. no fraud or deception and does not necessitate an apology from anyone….. and certainly does not rise to the level of filing file small claims action…… and certainly doesn’t support legal jeopardy for the SOA. the dealer or Carfax…..