Totaled 95 RT10 and Insurance

[kverges]

In general, I don't think any dealer is required to disclose anything but the odometer statement unless you ask. That said, if the car was indeed a total loss at a prior time, then it should have had a salvage title and I wonder how or why that did not occur.

If you asked "has this car ever been wrecked?" and got a negative answer, then the next question becomes whether the dealer knew differently than you were told. If so, you may have a claim against the selling dealer.

 

[snowmann]

I believe you would have noticed the car was a salvage when you titled the car. I believe the dealer must tell you this before you purchase the car. Depending on how much money is involved, you might want to speak to a lawyer.

 

[Bonkers]

I don't know about Texas but in DE they are required by law to disclose prior salvage, even if the title has been washed. I would assume Texas is the same unless the car was every titled in Florida, in which case salvage laws get fuzzy.

Contact your local Dept of Commerce and ask. It might be a headache, but if the dealer sold you a total vehicle as new you could be entitled to reimbersment.

Was the selling price too good to be true or was it consistant with other dealerships?

 

[Mopar Steve]

My first 94 RT/10 was totaled. The bodyshop that had the car after the accident followed up on the car. Thru the insurance company storage area, to auction, the car was finally sold to a local "salvage yard" with a clean title. The body shop was disappointed because, had they know it could have had a clear title they would have purchased the car and repaired it. Furthermore at the price they offered it back to me, I could have made some money fixing it. (Hind sight being 50/50, I could have made out well parting it out myself)

 

[dansauto]

Something does not sound right here.
1: Carfax should show if the car ever had a branded title, but not necessarly if it was wrecked. Example: many rental companys carry thier own insurance and when the cars get wrecked they are sold with "clean titles"

2: Your insurance guy is trying to pull a fast one!! IF the car is titled he has no grounds to offer you less, unless prior damage was not repaired!!! Insurace companys try to fight "diminished value" cases when it favors them, but when the reverse occures they are right there to claim it. As far as I know they must offer book value (unless your policy states otherwise) Show him your bill of sale!!

3: If you bought the car from a licensed dealer, the car was sold with a salvage title and this was not identifed on the Bill of sale you have a case for misrepresentation. Call your local DMV and ask for the dealer registration unit. They are the division of the DMV that licenses motor vehicle dealers.

4: IF the car was wrecked but not branded salvage, the dealer is not required to tell you it was wrecked. Brand new cars have work sometimes done to them at the factory before they ship.

 

[MarineGuns]

Hopefully some of your local Texans will chime in. I know many states require disclosure of damages if the damage exceeds X percent of the total value of the vehicle.

Howard