I doubt that this vehicle was hit hard enough to total it but something else should be kept in mind. It is entirely possible for a dealer to buy a salvage car at auction in which the vehicle has a washed title, meaning it’s been cleaned along the way of any salvage brand.
While this would not apply (maybe in this particular incident) about 5 years ago State Farm Insurance laundered titles on about 40,000 vehicles in which they declared them a total loss and then resold them with a “clean” title. They were fined something like 40 million dollars over this. Anything is possible and it should never be assumed that this kind of thing is still not going on everywhere and by anyone.
The dealer has every right to sell you a car as is. They don’t, however, have the right to KNOWINGLY withhold important information about the drivability/safety of the car. That would be fraud. If the car is “certified pre-owned”, then the associated multi-point inspection might have revealed the damage to the dealer before they sold it to you. This, of course, would depend on the type of inspection and the location of the damage. If they represented to you, in writing, that the car was inspected, then you might have some recourse. Certified pre-owned cars include a checklist of inspection points. Have a second mechanic look at that list (if you have it) and see if it was likely to reveal the damage. If so, you might have some recourse. Otherwise, you’re going to have a tough time getting the dealer or a court to side with you. Good luck.
In MOST states…IF the dealer knew it was in a wreck…they MUST disclose that information to you. Doesn’t matter if it’s a “As-IS” sale or not. It’s called FRAUD…AND A FELONY
The problem is PROVING they knew about it.
And DON’T rely on Carfax. They only report what’s reported to them…PERIOD…If the accident wasn’t reported to them then they can’t report it to you. Do NOT under any circumstances just take Carfax as being 100% accurate. If there is an accident report from Carfax…then that probably did happen…but lack of no report doesn’t mean one DIDN’T happen.
In a perfect world this would be true but in practice just try pursuing an issue like this. A few states may have laws with teeth in them but most do not.
About half a dozen years ago a relative of mine bought a vehicle that was advertised as being in great shape, reliable, so on and so forth. Several follow up emails to the seller got an answer that the car was “entirely roadworthy” and “could safely be driven to another state”, etc.
A quick 5 minute lookover and my advice was to pass on this car. The relative bought it anyway and the ensuing thorough checkout of this car showed it to be a total deathtrap on wheels. The ball joints were the absolute worst I’ve ever seen in my entire life, the rear brake drums were worn almost clean through (1/16" of metal remaining and they would glow in the dark), and that’s just barely scraping the surface of this problematic car.
The AG’s opinion and the Tax Commission (which regulates dealers, etc) is that the “AS IS” disclaimer overrides any claims made about the vehicle.
It was ruled many years ago long before this example that puffing (a.k.a. legalized lying) is a valid sales tactic and even applies to furniture sales and whatnot.
I can honestly say (and have said to all of my relatives) that the above dung heap is by far the most unsafe and problem heavy car I’ve ever seen in my entire mechanical life.
The most suitable word I’ve come up with for that car is that it’s a “tragedy”. Four grand (parts only, no labor), 5+ years later, and it’s still nowhere near roadworthy.