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Unreported Crash Damage by Dealer


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Hi all,

 

First post of this new account as my old CAG account from several years ago died :(

 

So I have this issue now with my Nissan Juke bought from a dealership last year.  Please bear with me as I am just going to throw all details in this post.

 

Nissan Juke 2011

Tekna DIG-T

23000 mileage

 

Purchased the car August 2018 and when summer 2019 hit, I discovered that the AC wasn't working (auto climate control); didn't detect issue because previous months were cold.  I've been looking at claiming AC repair through AutoGuard and eventually found a reputable garage in Croydon and booked asap as my warranty expires 07/11.

 

The garage looked at the AC issue and eventually discovered that the 'Evapolator' (AC evaporator unit) had developed a leak.  Also advised me that the pollen filter was caked and possibly blocked the AC flow etc. Commented that the car appeared neglected or sat for extended time.  Total bill: £1900 :(.  The engine however, is solid so far which is a relief.

 

But the disturbing part (and the main reason for this post) is that, while getting the bumper off he found several indicators of existing crash damage (images below)Now, I have not been in a crash at all, so I realised this came from the dealer or previous owner and was due to an unreported collision.  This was not reported to me and the car is not under a CAT listing.  The dealer ensures that the car is checked before sale and came with a warranty etc.  I called the dealer and he appeared surprised and advised they wouldn't sell a damaged vehicle.  I was waiting for a report from the Garage who kindly took pictures and gave a description of the issues caused by the damage (added below), the dealer asked for a copy of this evidence which I will send shortly.

 

My question is; in the opinion of CAG members, what would be the most appropriate course of action?  I understand that I should attempt remediation with the dealer and then ombudsman if we can't agree etc.  But I am also keenly aware it has been a year and that may affect any claim by me.  But I couldn't have known about the damage until a professional spotted it and therefore I've reported this to the dealer at the first opportunity I've been made aware.  The mechanic did comment that the force required to crush panels on the chassis crossmember would have written off the bumper, so this has been repaired (badly) with a replaced bumper and he also commented that the repair job was poor at best, with parts left hanging such as the intercooler which should be held up by the crossmember etc.

 

I've been advised by family members that I should demand a refund as I was mis-sold the vehicle based on unreported structural damage.  I wanted to get the opinion of CAG people as I've always valued the advice here.

 

Please ask any questions, I'll be monitoring this tonight as I intend to send the dealer an email soon.

 

Thank you for your time and potential responses :)

 

 

Mechanic description/photos of crash damage

 

AC hose damaged by intercooler chaffing against it but not leaking

AC hose damaged by intercooler chaffing against it but not leaking.JPG

 

Intercooler not in brackets & chaffing on AC hose

Intercooler not in brackets & chaffing on AC hose (1).JPG

 

Intercooler not seated in brackets & bracket squashed from impact damage

Intercooler not seated in brackets & bracket squeshed from impact damage.JPG

 

Lower cross member and n/s chassis leg damaged

Lower cross member and n_s chassis leg damaged.JPG

 

N/S chassis & cross member damaged

N_S chassis & cross member damaged.JPG

 

N/S fog lamp casing cracked

N_S fog lamp casing cracked.JPG

 

N/S transmission cooler insecure

N_S transmission cooler insecure.JPG

 

Radiator N/S lower mounting damage

Radiator lower N_S bracket damaged and radiator not correctly fitted - location lug broken.JPG

 

Radiator lower N/S bracket damaged and radiator not correctly fitted - location lug broken

Radiator N_S lower mounting damage.JPG

 

Edited by Casshern
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Emailed the dealer with the pictures above, expressing my concern over being sold a car with unreported crash damage.  Response was that the owner will need to make a decision and will be back on Wednesday 6th November.

 

Let's see...

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  • 2 weeks later...

Hi,

 

Do you have an update on this? Curious to know what they said. 

 

I may be in a similar situation, 5 year old car has signs of crash damage, although yet to inspect it properly. 

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I didn't get a response for a while, but turns out the chap was away. Here's the latest response:

 

"Sorry I have been off for the last week, I will chase this up on Monday, I placed in in the hands of our Law firm as they are experienced in these matters" 

 

I'll give them a bit longer although Monday has just passed. 

Edited by Casshern
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  • 5 weeks later...

I had a response from the legal team directly.  I've attached the letter; but essentially they are insinuating that I caused the damage myself and/or being dishonest.  Now, whether they sold this to me knowing about the damage or not, I truly believe they failed their due-diligence in ensuring the car's integrity.  An MOT inspection will not look at the space behind the front bumper so that is a moot point.  Also, as the mechanic also pointed out, the front bumper must be a replacement as the impact force required to damage the crossmember would permanently destroy the bumper. 

 

So according to this legal team's logic, I crashed the car, bought a new bumper, made shoddy repairs to the crossmember (leaving everything dangling inside) and then contacted the dealer claiming ignorance... I'm blown away at the arrogance/audacity of this (end of rant).

 

I sent an email to the contact at the dealer expressing my views about the attempt to rebound responsibility onto me.  I've added the gmail history and most recent correspondence.

 

I am going to seek advice on this, but wanted to see if any CAGers have experience or advice on these matters?  Anything would help.

 

Thank you so much for reading.

CarLegalLetter.pdf Gmail - Vehicle accident damage.pdf

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