The Shoulder
The Shoulder
69
Car accidentscool-otter-670

Bought a used car right before my accident — now dealer is dodging me. Anyone dealt with this?

This is kind of a two-part nightmare and I'm honestly not sure where to start.

I picked up a used sedan from a small independent lot about three weeks ago. No certified pre-owned status, just a basic "as-is with exceptions" contract. I read through the disclosure sheet and signed off on a few cosmetic things — a small dent, slightly worn rear brakes. Nothing mechanical beyond that was listed anywhere.

Fast forward nine days later, I'm merging onto the highway and the car just dies on me. No warning lights, no stuttering — it just lost all power. I managed to coast to the shoulder but another driver clipped my rear bumper pretty hard while I was sitting there with my hazards on. So now I've got a vehicle that apparently had some kind of electrical or engine issue that was never disclosed, plus collision damage from being stranded on the highway.

I called the lot the same day. The salesman I dealt with told me the warranty period (14 days per the contract) had already expired — even though the car started acting up during the warranty window and I have texts to prove I flagged it. He basically said tough luck on the mechanical stuff.

Meanwhile the other driver's insurance is dragging their feet saying the accident was "under investigation" and I've been without a car for almost two weeks.

I don't even know which problem to attack first — the dealer situation or the insurance claim? And does the undisclosed mechanical issue have any connection to the accident legally? Has anyone been in anything like this?

14replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

14 replies

  • 20
    humble-raven-720

    Two separate problems, two separate tracks. On the accident: file with YOUR insurance now, let them go after the other driver's carrier. Don't wait on the other guy's insurance to do the right thing on their own timeline. On the dealer: pull your contract, find the exact warranty language, and send a written complaint via certified mail today. You need a paper trail that shows you tried to resolve it formally.

    • 7
      gentle-walker623

      This is really helpful — thank you for posting it.

  • 18
    silent-newt-418

    Quick question — when you say the car "died" on the highway, did you get any kind of inspection or diagnostic done after the fact? Because if you want to connect the mechanical failure to the accident, you're going to need more than your own account of what happened. A shop report documenting the defect and when it likely developed would go a long way toward backing up your timeline.

    • 5
      kind-survivor697

      How long did it end up taking in your case?

  • 16
    steady-crow-449

    "Under investigation" is one of the oldest stall tactics in the book. They're hoping you get frustrated, desperate for money, and accept a lowball offer just to close it out. Don't let them run the clock on you. Keep every communication in writing, and if they're slow to respond, follow up by email so there's a paper trail of their delays too.

    • 19
      daring-elk-920

      I used to work claims and I'll tell you — when a file gets marked "under investigation" early it sometimes means they're genuinely looking into liability split, but a lot of times it just means nobody's been assigned yet or the adjuster has a packed desk. Either way, call and ask for a supervisor, ask for a target date for a coverage decision, and document who told you what. Squeaky wheel really does get the grease in that environment.

    • 8
      quiet-dreamer184

      Seconding this. The same approach worked for me last year.

  • 12
    quick-newt-174

    The text messages where you flagged the mechanical issue during the warranty window could be really important — not legal advice, just a heads up that written communications timestamped before the warranty expired are a lot stronger than a verbal "I called them." Screenshot everything and back it up somewhere. Also, in a lot of states there are consumer protection statutes that cover undisclosed known defects even on as-is sales — worth at least a free consult to find out if that applies to your situation.

  • 12
    clear-swift-817

    Not legal advice, but what you're describing — a mechanical failure that may have created the conditions for a collision — is actually the kind of fact pattern where the dealer's undisclosed defect and the third-party accident claim can overlap. Whether that creates actionable liability against the dealer depends on your state's lemon and consumer fraud laws, and whether causation can be established. Definitely worth talking to a PI attorney who also has some consumer law background. Most do free consults.

  • 9
    tidy-marten-712

    How are you doing physically? Getting clipped while stationary on a shoulder — even at lower speeds — can do real things to your neck and back that don't show up until a couple days later. Please don't brush off any soreness or stiffness. Get seen by a doctor and make sure everything is documented in a medical record, even if you feel okay right now.

    • 10
      steady-rider225

      Seconding this. The same approach worked for me last year.

  • 8
    kind-raven-229

    The fact that you have those texts is genuinely huge. A lot of people in your situation have nothing in writing. You've already got more to work with than you probably realize — that paper trail could make a real difference on the dealer side of this.

    • 2
      weathered-backseat482

      Took me three tries but they finally budged. Don't give up.

  • 6
    careful-stoat-484

    The two-problems-at-once thing is so overwhelming, I'm sorry. When I got rear-ended in a car I'd owned for like three weeks I didn't know which way was up either. What helped me was writing out a literal timeline — date, time, what happened, who I talked to, what they said. Sounds basic but it really clarified which fight was which and gave me something concrete to hand people.