The automotive industry is considered to be the largest manufacturing sector in the United States, with millions of new and used vehicles sold each year. Dealerships, brokers, and private party sellers account for hundreds-of-billions of dollars in revenue. However, as with any other industry, unethical business practices can be pervasive, with many sellers prioritizing profits over customer well-being and safety. If you or a loved one have been involved in an accident with a newly purchased car or truck and suspect a faulty vehicle is to blame, you’ll need to be aware of your potential legal options for recovering compensation for injuries and damages.
Most automotive dealerships, including ones that sell used cars, employ sales representatives that rely heavily on commissions for their income, often fostering an aggressive and even predatory environment. Unscrupulous sales practices can include misrepresentations of a vehicle’s condition, inflated hidden fees, and high-pressure tactics. While almost all new cars are covered under warranty and are considered relatively safe, used cars that are not properly serviced or inspected can contain a host of dangers for unsuspecting buyers.
In Indiana, a car dealership or manufacturer can potentially be liable for an accident if they sell a faulty car. However, certain conditions and legal thresholds must be met and proving negligence can often be challenging. Liability can arise under several scenarios, which include negligence, breach of warranty, and/or product liability.
All states, including Indiana, have consumer protection laws that prohibit deceptive business practices, which can include failing to disclose known issues of a used car or truck. Willful and intentional omissions of a vehicle’s issues can open the door to a personal injury lawsuit if it can be proven that those known problems were directly responsible for an accident and subsequent injuries.
The ability to file a personal injury claim will also be contingent on the language contained in a sales contract and whether or not any warranties, whether expressed or implied, exist. If a contract states that a vehicle is to be sold in “as is” condition, that may limit one’s ability to take legal action. An “as is” sale means a buyer understands the risks of any mechanical issues or defects, but is choosing to proceed with the purchase anyway.
However, merely stating that someone cannot sue does not automatically exclude their ability to recover compensation. If it can be proven that a dealership or seller knowingly concealed a car’s defect(s), a lawsuit can still be filed for fraudulent misrepresentation. These types of cases can be complex, necessitating the need for a skilled personal injury lawyer familiar with Indiana’s product liability and consumer protection laws.
If you or a loved one have been involved in an accident while driving a newly-purchased vehicle, contact our office to discuss your legal options. Hurst Limontes has over 100 years of combined experience between our attorneys that work on a contingency basis, meaning there is no fee unless we reach a settlement or jury verdict award on your behalf.
Call 317-636-0808 or complete the form below for a FREE and confidential consultation.
