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Peugeot 308 - Case of misrepresentation? - Matt84863

Will try to be quick.

I purchased a vehicle through a dealer in December 2022.

I have recently received communication from a third party, that the dealer had an accident in the vehicle, on the way to delivering it to me. His name was provided and having insured the vehicle for myself, mine was the only insurance showing on the vehicle. The third party intended to make a claim.

He did not inform me of this on delivery where I purchased the vehicle in good faith for the full asking price.

I challenged him on this and he admitted to having been hit from behind and hit the car in front however, I believe he went into them as his name only was provided by the third party.

There is damage that could have written the car off as it will require a new bumper and front light housing.

I have requested a full refund on the car and will pursue a claim via small claims. His legal advice company are playing hardball and wondering if anyone had any comments before I send the letter before action and commence proceedings?

Peugeot 308 - Case of misrepresentation? - Andrew-T

Maybe give us an idea of the value involved - it could have a bearing on the risks and cost of the way forward ?

Peugeot 308 - Case of misrepresentation? - Matt84863

It was £3500

Peugeot 308 - Case of misrepresentation? - Adampr

Sorry, confused. Did you have the car for 18 months before noticing it was damaged?

Peugeot 308 - Case of misrepresentation? - gordonbennet

Sorry, confused. Did you have the car for 18 months before noticing it was damaged?

glad you asked that, so its been hit from behind hard enough to push it into the vehicle in front, damage requiring extensive panel replacement and repair work and its taken 18 months for not only anyone to realise the car is damaged at all but also for some third party claim to arrive.

too fishy for me

Peugeot 308 - Case of misrepresentation? - Matt84863

I had the claim from the third party only recently, claiming an accident that the dealer has subsequently admitted to in December 2022, and was not told about when I purchased the car. Personal injury claims can be claimed up to 6 years after the event. I did question why it took so long for this claim to be made, but was told exactly that. Apparently people leave it later so that records are more hazy and even more frivolous claims can be paid out on as evidence could be lacking.

On inspection there is damage, whilst minor and not obvious unless you get on your hands and knees. Both lights are loose in the housing and were not picked up on routine basic servicing. The number plate was cracked on delivery but I did not think that he'd been involved in an accident on the way to deliver the car!

Peugeot 308 - Case of misrepresentation? - Matt84863

Yes, although I am not a mechanic and would have had no reason to check front/ rear end damage.

On professional inspection they are pretty sure the car had only a front end impact and this is why the third party only had his details. I questioned this and he couldn't explain.

Peugeot 308 - Case of misrepresentation? - 72 dudes

I would say that there is no case to answer 18 months down the line and you didn't even know there was accident damage when you took delivery of the car. Cracked rear number plate would have been a red flag to me. How else do you think it got cracked?

I'm not sure why you think this damage should have been picked up during regular servicing either, it's not something a garage would do whilst changing the oil and filter!

As to any personal injury claim from the third party, not your fault, bounce it back to the dealer's delivery driver.

Edited by 72 dudes on 19/06/2024 at 10:54

Peugeot 308 - Case of misrepresentation? - Andrew-T

I would say that there is no case to answer 18 months down the line ...

So would I. I think most garages would assume when an owner takes a car for servicing that he/she knows, or accepts, the condition it is in, unless something potentially hazardous is spotted. I can imagine my local indy asking whether I knew 'xxx' needed looking at, but I can also imagine most other places saying nowt, and some of them not even doing the service properly.

Peugeot 308 - Case of misrepresentation? - galileo

Quite apart from anything else I would expect the delivery driver to be responsible for any insurance claim, unless you specifically authorised him, by name, to drive the vehicle he was driving under the trader's insurance policy, so nothing to do with you or your insurer.

If he has his own personal insurance it will only cover third party claims while driving another, vehicle with the owner's consent

Peugeot 308 - Case of misrepresentation? - Adampr

I think it's absolutely reasonable to expect the dealer to deal with the third party claim and any costs associated with it. I would not expect them to accept the rejection of a car that has damage that was not apparent for 18 months and has passed at least one MOT.

Peugeot 308 - Case of misrepresentation? - galileo

Quite apart from anything else I would expect the delivery driver to be responsible for any insurance claim, unless you specifically authorised him, by name, to drive the vehicle he was driving under the trader's insurance policy, so nothing to do with you or your insurer.

If he has his own personal insurance it will only cover third party claims while driving another vehicle with the owner's consent

It also seems like a 'crash for cash' event to claim £3500 for a bump causing so little damage to your car you didn't notice it for 18 months.

Peugeot 308 - Case of misrepresentation? - pd

The insurance claim is for the dealer to sort as the car was in their possession and them driving.

As to the rest if it took 18 months to notice it's hardly grounds for rejection. Furthermore the difference on value on a £3500 car is basically nothing. Even if you were to reject the dealer is quite entitled to charge for 18 months use and I'm sure they'd just say no anyway.

Peugeot 308 - Case of misrepresentation? - galileo

The insurance claim is for the dealer to sort as the car was in their possession and them driving.

As to the rest if it took 18 months to notice it's hardly grounds for rejection. Furthermore the difference on value on a £3500 car is basically nothing. Even if you were to reject the dealer is quite entitled to charge for 18 months use and I'm sure they'd just say no anyway

I understood the £3500 to be the amount claimed by the third party for damage to their car and / or personal injury, not the value of the OP's car.