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Help with a CarFax problem?

By New Renter following x   2013 Mar 9, 7:50am 5,257 views   22 comments   watch   sfw   quote     share    


My family is in an ongoing battle with CarFax. My stepdad took his car to to a dealer as a trade in . There he was told the Carfax showed his car had been in an accident and thus the dealer did not want it. The accident never happened, nor could it have happened as my stepdad has never had the car in the region the accident was reported to have happened. He called the local police department there who had no record of such an accident. He then contacted Carfax to try to get the accident report removed. Carfax refused. The best they are willing to do is modify the language slightly such that an accident was reported so CarFax is merely passing the info along. To get even that Carfax is demanding my stepdad sign an affidavit the accident never happened. They refuse to accept the statement from the police. My stepdad has babied the car and is concerned that even the modified Carfax report will hurt the resale value.

Any ideas on how to get Carfax what is clearly their mistake? My stepdad already tried a lawyer, but that was no help.

1   leo707   ignore (1)   2013 Mar 9, 11:27am   ↑ like (0)   ↓ dislike (0)   quote   flag        

Small claims court?

2   EastCoastBubbleBoy   ignore (0)   2013 Mar 9, 11:57am   ↑ like (2)   ↓ dislike (0)   quote   flag        

can he sell it to a private party, rather than trade it in to a dealer?

3   New Renter   ignore (11)   2013 Mar 9, 12:49pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

EastCoastBubbleBoy says

can he sell it to a private party, rather than trade it in to a dealer?

He's concerned that a private party will still request a CarFax. That would put him in a hard bargaining position trying to convince a potential buyer that the CarFax is wrong.

4   New Renter   ignore (11)   2013 Mar 9, 12:55pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

leo707 says

Small claims court?

Trying to avoid that route although I like the idea of suing them for slander. Carfax has never had proof of any accident yet their claims can harm the value of the vehicle.

That and they have been jerks about the whole thing. Seriously, their whole business model is based on presenting accurate information yet they don't care to redact their data when its been proven they are in error.

5   New Renter   ignore (11)   2013 Mar 10, 3:28am   ↑ like (0)   ↓ dislike (0)   quote   flag        

robertoaribas says

What the hell is so difficult about signing an affidavit that the car wasn't in a wreck? Without that, if car fax removed it on a phone call, and a buyer used car fax in the purchase of the car, they could be liable the other way to the buyer!

Sign the affidavit or shut up about it. This sounds fishy as hell actually.

No Roberto, there is nothing fishy going on - at least on our end. As is said CarFax has not agreed to remove the claim of an accident but only to modify it.

How would you feel if you were selling a house in a tough market and say Zillow reported a violent death had occurred on the property a few months before? Some buyers would see that and shy away, or use it as a tactic to try to knock down the price.

6   elliemae   ignore (0)   2013 Mar 10, 4:35am   ↑ like (0)   ↓ dislike (1)   quote   flag        

robertoaribas says

I'd have the seller fill out the affidavit then... That's my question, why is that step such a big deal?

The way I read it, even if the owner fills out the affadavit Car fax will still show that this car was reported to have been in an accident. So the affadavit is a separate issue. I would think that Carfucks would have to show who reported the accident, and if the owner can't resolve that and get it amended I would find me a lawyer and have the practice changed.

There's a lawyer for everything. this could end up in big dollars to the atty and semi-justice for the owner. After years, of course.

7   Tenpoundbass   ignore (11)   2013 Mar 10, 5:37am   ↑ like (1)   ↓ dislike (0)   quote   flag        

robertoaribas says

This sounds fishy as hell actually.

It sure does sound Fishy, the fact that reporting agencies can report liable information, and there's nothing you can do about it.

8   Tenpoundbass   ignore (11)   2013 Mar 10, 5:39am   ↑ like (0)   ↓ dislike (0)   quote   flag        

New Renter says

That and they have been jerks about the whole thing. Seriously, their whole business model is based on presenting accurate information yet they don't care to redact their data when its been proven they are in error.

Just reporting is enough for Robert, some people aren't interested in the facts.

9   New Renter   ignore (11)   2013 Mar 10, 1:11pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

CaptainShuddup says

New Renter says

That and they have been jerks about the whole thing. Seriously, their whole business model is based on presenting accurate information yet they don't care to redact their data when its been proven they are in error.

Just reporting is enough for Robert, some people aren't interested in the facts.

The fact is the accident was reported in LA at a time when neither my stepdad nor the car were anywhere near LA. Its also a fact CarFax has not shown one iota of hard evidence an accident involving his vehicle EVER occurred. When asked they claimed their vendor had provided a report but were unable to verify its existence. My stepdad was then given a number to call to find the record himself. The number was for the LAPD who had no record of ANY accident involving my step dad's car in their system.

When CarFax was told this their response has been to demand my stepdad sign an affidavid, only after which they might change the language.

Its not so much a matter of the signing the affidavid. My stepdad is wiling to do that but ONLY if CarFax eliminates the fictitious accident. This they refuse to do.

10   elliemae   ignore (0)   2013 Mar 11, 8:12am   ↑ like (2)   ↓ dislike (0)   quote   flag        

i'd get me a lawyer. sounds like carfax needs to get a spanking.

11   leo707   ignore (1)   2013 Mar 11, 8:54am   ↑ like (1)   ↓ dislike (0)   quote   flag        

New Renter says

leo707 says

Small claims court?

Trying to avoid that route although I like the idea of suing them for slander. Carfax has never had proof of any accident yet their claims can harm the value of the vehicle.

Sorry I was not more specific.

I was not implying that you sue them for slander, but sue them for loss in value of the car. It is probably well within the small claims limit.

First go ahead and sign the affidavit. Then if they don't remove the accident sue them in small claims court for the amount of value that their service is taking away from the car.

12   elliemae   ignore (0)   2013 Mar 11, 5:48pm   ↑ like (1)   ↓ dislike (0)   quote   flag        

I would find an attorney willing to take on the company, for alot more than the small claims amount. In small claims you have to show damages to the individual - but I think this is a global issue that needs to be addressed. It's worth looking into, possibly class action.

It would make them change their policies. That's what you want - right?

13   New Renter   ignore (11)   2013 Mar 14, 2:47pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

leo707 says

First go ahead and sign the affidavit. Then if they don't remove the accident sue them in small claims court for the amount of value that their service is taking away from the car.

Affidavit was signed. Now they are demanding my Stepdad sign a waiver of rights (to sue) before they will even consider removing the language from their report.

elliemae says

I would find an attorney willing to take on the company, for alot more than the small claims amount. In small claims you have to show damages to the individual - but I think this is a global issue that needs to be addressed. It's worth looking into, possibly class action.

It would make them change their policies. That's what you want - right?

Peronally I'd love to see them taken to court, preferably in a very costly-for-them class action. But that is not my call.

One thing I am uncertain of - CarFax is in Virginia. Can they be sued in a CA court and if so can they demand a change to a VA court to make the suit more difficult?

14   WrongGood   ignore (0)   2017 Apr 4, 8:52pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

I feel you!! Dealer offered $4k less on false carfax report!
Small claims is the only way to go!'
TG I'm an attorney.
Going to send the "standard" settlement letter then 2 weeks file.
Car was not in the state at time of "frontal impact no airbag deployment!"

15   WrongGood   ignore (0)   2017 Apr 4, 9:05pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

This is not to be construed as legal assistant disclaimer. If you purchased car in California they are conducting business in California. Regardless, they can either not answer and let u get a default judgment or incur legal costs hiring local counsel to file a motion to dismiss or change venue to Va which you're argument could be undue hardship. Perhaps they wil "throw" you a $1k bone to go away signing a dismissal without prejudice, basically no guilt but to expensive to defend or they could bury you with 100s of interrogatories and discovery. Sued Chrysler for a client and inundated with interrogatories, motions etc. Advised client settle for $1800!

16   someone else   ignore (0)   2017 Apr 4, 9:22pm   ↑ like (2)   ↓ dislike (0)   quote   flag        

It's still good advice. I'm glad the guy is commenting.

17   zzyzzx   ignore (1)   2017 Apr 5, 5:44am   ↑ like (2)   ↓ dislike (0)   quote   flag        

Drive the car until it's ready for the junkyard. Problem solved.

18   zzyzzx   ignore (1)   2017 Apr 5, 5:47am   ↑ like (0)   ↓ dislike (0)   quote   flag        

Ironman says

You do know this thread was from 4 YEARS ago, right??

Then we should have the rest of the story of what happened to the car and/or court case by now.

19   HEY YOU   ignore (7)   2017 Apr 5, 8:15am   ↑ like (0)   ↓ dislike (0)   quote   flag        

BOYCOTT any dealer & CARFAX until the stepdad receives a $Million.

20   d0fc   ignore (0)   2017 Apr 5, 8:36am   ↑ like (2)   ↓ dislike (0)   quote   flag        

Carfax is a scam. I purchased a van from a dealer when I started my business. The Carfax report I purchased showed it was in an accident and repaired. No big deal. A few years later, I brought it to another dealer to trade the van in for another vehicle. Their Carfax report showed the van had frame damage and they didn't want it in trade. I had my original Carfax I pulled with me and we compared them. They had different information on their Carfax than what was on mine. Never will trust Carfax again...BS

21   BayArea   ignore (0)   2017 Apr 5, 12:51pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

d0fc says

Carfax is a scam. I purchased a van from a dealer when I started my business. The Carfax report I purchased showed it was in an accident and repaired. No big deal. A few years later, I brought it to another dealer to trade the van in for another vehicle. Their Carfax report showed the van had frame damage and they didn't want it in trade. I had my original Carfax I pulled with me and we compared them. They had different information on their Carfax than what was on mine. Never will trust Carfax again...BS

The amount of information shown in carfax has increased over the years. Therefore I see no conflict with information being limited in your original report and more detailed now.

To the original thread starter, interesting conundrum! Carfax can make mistakes and as you are seeing it can be costly.

22   P N Dr Lo R   ignore (0)   2017 Apr 5, 3:30pm   ↑ like (0)   ↓ dislike (0)   quote   flag        

New Renter says

New Renter

What finally happened from this deal of four years ago? Could have been caused by a one-digit type in the VIN.





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