Mazda 6 - Post Purchase Issue - Insurance/Previous Damage

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Thu 15 Oct 2015 18:53
Mazda 6 - Post Purchase Issue - Insurance/Previous Damage - gareth78

Hi all,

Back in April in bought a 2013 Mazda 6, great (or so I thought) condition, fairly low mileage.

Last week i had a very slow moving accident as I was coming out of my drive and bumped another car. Very little damage but the assessment is that I need a new bumper. Fine, can cope with that, insurance is paying after all. HOWEVER, the recommended body shop I took it into has noticed some previous damage to the front nearside wing which has been repaired badly and needs rectifying. Thought they were trying it on so took it to another body shop AND the Mazda main dealer who all said the same thing. Without the repair work to the wing, the bumper wont fit on properly (apparently the bumper wasn't sitting properly before the accident, although I hadn't noticed - we're talking millimeters). So whilst the insurers are happy to pay for the new bumper, they are not, understandably, happy to pay for the previous damage.

I took the findings back to the broker and dealer who supplied the car to me but they have washed their hands of it, saying it was sold as seen, i'd signed for it etc. I have contacted the finance company who have told me to raise a complaint, which I will.

Where do you think I stand legally? I didn't (and wouldn't have) noticed the original bodged repair job when I bought it and it is only since I have had this accident that it has come to light. Do you think the dealer should be responsible for previous, poorly rectified damage? They have, in essence, sold me a damaged car but I understand that they may not have even been aware either.

gareth78

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Thu 15 Oct 2015 20:12
Mazda 6 - Post Purchase Issue - Insurance/Previous Damage - galileo

As you say, you didn't notice when you inspected the car before purchase and the dealer may not have noticed either (it may have been a part-ex they had put staright on the forecourt without a detailed prepaaration).

The "sold as seen" clause has, in some cases, been ruled invalid but in this case, you didn't see a cosmetic problem which hasn't affected your use of the car for 5 or 6 months; if you hadn't had the minor bump you wouldn't even know about it, doesn't it seem a little hard on the dealer to expect them to pay?

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Thu 15 Oct 2015 21:51
Mazda 6 - Post Purchase Issue - Insurance/Previous Damage - RobJP

Much like another thread that has been going, this is far too old to be able to go back to the seller for. They could equally argue that you have damaged the car and repaired it yourself previously.

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Thu 15 Oct 2015 22:17
Mazda 6 - Post Purchase Issue - Insurance/Previous Damage - gareth78

Thanks guys, both very valid points. Just a bit peeved I suppose and venting my frustration at the extra cost.

Appreciate your replies.

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