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I purchased a pre owned 2006 Mazda from a dealer in Arizona. Three weeks after the purchase the vehicle experienced a failure of control arm and a tire blowout. I was not injured but the event occured at highway speed. My insurance covered the repairs ($2,700.00).
After three separate evaluations technical people came to the same conclusion; that the control arm was weakened due to impact previous to my purchase. I am not a mechanic.
I sent a detailed email to the dealer and have not received a response back from their general manager. Resent today to the manager just in case the GM did not receive. Somewhat disallusioned by both the crash and cause and the lack of response, I sent an email through the Mazda website requesting contact.
If there was no visible damage to the control arm before then how would the dealer know that you were going to have an accident. What’s to say that you didn’t rub a curb cut a cord in a tire. Then the tire blew out causing you to crash and that is what damaged the control arm?
Did you get a car fax report? Was the report clean?
Since it was preowned I highly doubt you will have any kind of case unless there is something in the paperwork that states that the vehicle had not been in an accident before you bought it which is why it is always best to have the vehicle looked over before you buy it.
As others said, you really have no case. Assuming that an accident reconstructionist/investigator determined the exact cause of failure and not your body guy just giving his opinion, you would still need to prove that the dealer had knowledge of the defect and they attempted to cover it up. Even if you had a CarFax certified vehicle, nothing is covered unless you can prove the car had a title issue (e.g. it was flood or salvage but represented as clean).
Your one hope would be if the car was CPO (Certified Pre-Owned). There are certain guarantees and coverages given under that program including a complete 150 point safety inspection. IF you could prove that the damage was pre-existing and the car was certified, you may have a shot. If the car wasn't certified you have no chance and if it was purchased at a non-Mazda dealer, Mazda can't do anything.
If your insurance paid for the repair, as the judge said to the "Soup Nazi" guy who was sueing Seinfeld for "defamation" : "What exactly are your damages?"
This is a dealer issue, not a Mazda issue. Mazda (the company) has no responsibilitity for the vehicle unless they warranted it as a certified pre-owned vehicle.
The dealer might have some responsibility if they misrepresented the quality of the vehicle. That will be hard to prove though. They would probably claim that "to the best of our knowledge, the vehicle was undamaged when we bought it."
If there was no visible damage to the control arm before then how would the dealer know that you were going to have an accident. What’s to say that you didn’t rub a curb cut a cord in a tire. Then the tire blew out causing you to crash and that is what damaged the control arm?
Did you get a car fax report? Was the report clean?
I should have been more clear. the control arm in question sheared off at the tire side. the arm remaining punctured the wheel and exploded the aluminum into the tire causing the blowout. the arm was examined and old rust was found and the control arm was flattened pre sale. they know this as the rust is evident right next to the new scrape from this incident.
The GM at the dealer called. The fact that they did not catch this is partly the issue in my mind though i recognize that no one is perfect and if the previous owner did not report this how would they know? I agree. However when I purchased the car I felt it pulling. they did put the car up and took a look and pronounced it ok. that is the issue in my mind.
In any case they agreed to cover my deductible $250.00 if I hold them harmless which I can agree to do. They also agreed to look at the parts replaced and the damaged control arm. I am in San Diego they are in Peoria AZ. They seemed over the phone at least to be more interested in avoiding liability than finding out what really happened; but it was a manager not a mechanic I was talking to....a good lesson for me. I doubt that I will purchase a pre owned vehicle again. One just never knows. This vehicle car fax was clean 2 owner with scrupulous records.
a good lesson for me. I doubt that I will purchase a pre owned vehicle again. One just never knows. This vehicle car fax was clean 2 owner with scrupulous records.
I doubt you need to go that far, but running the vehicle on a thorough test drive om the way to an independent inspection (I use Auto Exam here in Houston, for example) would have saved you this grief.
When I got my F150 checked out, there was a lady who evidently was having a case of Googley eyes over a BMW she brought in...she was relieved to leave after the inspection for transmission issues and I guess that car was returned to the dealer she rolled in from.
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