Can I Sue a Dealership for Rolling Back Odometer

Odometer fraud is a federal crime that costs consumers over $1 billion annually. When a car dealership sells a car withodometer tampering, consumers can file a lawsuit against them for violating federal civil law.

Learninghow to detect odometer rollback can help you figure out if you can sue the car dealership for selling you a car withodometer tampering. It can also come in handy the next time you are looking to purchase a car.

odometer rollback

What Is Odometer Fraud?

Odometer fraud, commonly known asodometer rollback, occurs when a vehicle's odometer is changed or altered to make it appear to have a lower than the actual total mileage. Here in the United States, committing odometer fraud is a federal offense.

Some examples of odometer fraud include:

  • Disconnecting the odometer
  • Resetting the odometer
  • Altering the odometer reading
  • Replacing the odometer without notice

Car dealerships tamper with the odometer readings of used cars in an attempt to make them seem more valuable than they're actually worth. This means that consumers end up paying thousands of dollars more than the vehicle's actual worth.

Odometer Fraud and the Law

man browsing about odometer tampering

When a vehicle is sold or a title is transferred, the law requires written documentation of the total mileage as recorded on the odometer. If the odometer reading is shown incorrect, the seller is required to inform the buyer by providing a written statement of the fact on the title.

Car dealers often commitodometer fraud in order to make the vehicle appear to be in better condition than it actually is to trick consumers into purchasing them.

Dealers often commit odometer fraud alongside a variety of other auto fraud such as:

  • Hiding defects such as prior accidents and damage such as bent frames or cracks
  • Reconditioning the external appearance of the vehicle to hide damage
  • Changing title paperwork to hide actual mileage reported at the time of sale

Dealers also tell buyers that the "actual mileage" of a vehicle is unknown in disclaimers that allow them to deceive buyers, as a scam to alter mileage to avoid lawsuits. That practice is also illegal.

Another deceptive practice is title fraud. Some vehicle sellers make title fraud part of the selling process.

Common title fraud examples used by car dealers include:

  • Altering the title
  • Forging the title
  • Replacing the title document
  • Obtaining duplicate certificates from state DMVs
  • Entering a false, lower mileage

How to Detect Odometer Fraud To Avoid Making Bad Purchases

car odometer

Knowinghow to detect odometer fraud will help consumers avoid purchasing vehicles that have hidden defects or are otherwise in worse shape than it looks. In order to prevent odometer fraud, it will help to conduct a thorough investigation of the vehicle's history.

Let's take a look at a few methods that can help you avoid purchasing the wrong vehicle and prevent odometer fraud.

Check the Car's Condition to See if It has been Tampered with

man inspecting car

A quick look at the car can often tell you whether the odometer has been tampered with. Even if your car dealer tampers with the odometer, there are tell-tale signs that you should look out for.

To check your car condition for odometer fraud:

  1. Worn out steering wheels.
  2. Worn out gear knob.
  3. Worn out paddles.
  4. Missing screws around the dashboard area.
  5. Shaking speedometer needle.

If you notice any of the issues above, then there's a high chance that you're a victim of mileage rollback.

Comparing Actual Mileage on Odometer

car odometer

Mileage rollback remains one of the most common acts in car sales. Vehicle buyers have the option to compare the mileage in the carfax report to see if it has been tampered with. To avoid mileage fraud, there are two odometer mileage records you should compare with the actual mileage on the odometer:

  • Vehicle maintenance records
  • Inspection records

How to Check the Carfax Vehicle History Report

You can check the vehicle maintenance record in the CARFAX Vehicle History Report. In the carfax report, you will be able to see all the history of the vehicle's maintenance records. Start by adding the total car mileage and compare it with the mileage shown on the odometer. You can check sample report at the Carfax website.

What to look for in the Carfax Vehicle History Report

Following are the mileage fraud indicators you should check in the Carfax vehicle history report:

  • Mileage records
  • Mileage inconsistencies
  • Odometer rollback
  • Relevant odometer issues

You should also compare the records in the carfax report with the inspection records to make sure that everything checks out. Usually, in the case of an inspection or institution, the mileage of the car is recorded, which can come in handy for car buyers when checking for mileage fraud.

Get A Vehicle History Report to Check Odometer Tampering

two people discussing numbers on a report

Avehicle history report (VHR), also known as a VIN check, is a detailed document that will provide you with vehicle history information of your car. Carfax is a great place for used car buyers to check the vehicle history report, we also use AutoCheck and VehicleHistory.com. [Available for free at https://www.vehiclehistory.com/]

How to Obtain a Vehicle History Report

To get the VHR report, you will need the vehicle identification number (VIN). Every car has a vehicle identification number consisting of 17 alphanumeric characters. VIN is usually at the lower-left corner of the dashboard right in front of the car's steering wheel.

How to Locate the VIN (Vehicle ID Number)

If you don't see the VIN around the steering wheel of the vehicle, then here are a few other places to check:

  • Front of the engine block under the hood of the vehicle.
  • Front of the car frame, close to the container that holds windshield washer liquid.
  • Rear-wheel well, right above the tire.
  • Within the driver-side doorjamb.
  • Near the Driver-side doorpost.
  • Underneath the spare tire of the cars.

A VHR will tell you a number of information about your vehicle's history, including faulty odometer settings. If any illegal acts were performed on your car's odometer, it will be shown there. You will also be able to see the average mileage for each person who has owned the car before you.

Physically Check the Odometer Reading for Any Signs of Tampering

You can see if the odometer has been tampered with by inspecting it. Here are a few things to look out for, when checking the odometer of a used car:

  • All the numbers are easily readable
  • There are no gaps between the numbers
  • The numbers are NOT crooked

If any of the above applies to your vehicle's odometer, there is a high possibility that you have been a victim of odometer tampering.

What Should an Odometer Rollback Victim Do?

Purchasing a used car is more challenging than buying a new vehicle. Used car buyers not only have to look for the features they want but also whether the car has been tampered with in any way. Odometer fraud is common because by rolling back odometer, dealerships can sell a used car for a much higher price.

Getting a defective vehicle can be quite a headache for the owner, but there are a number of ways that an odometer fraud victim can rectify the situation. You can contact your local law enforcement agency, and they will be able to provide assistance. Another option is to reach out to attorneys who deal with odometer fraud cases.

Contact Auto Fraud Attorney for Free Consultation

Checking the Carfax report is the first step, and if you believe that your vehicle's odometer has been tampered with, callConsumer Action Law Group. Our dedicated lawyers will help you determine your next steps & whether you should pursue a lawsuit against the seller.

Carfax is just one of many reports used by our lawyers. We look at Carfax and Autocheck as a starting point to research your vehicle history and any potential mileage fraud. Odometer rollback fraud is common in vehicles that are sold with unusually low mileage. We use vehicle information from many sources, including carfax vehicle history reports.

For a free consultation, contact ourauto fraud attorneys by calling(818) 254-8413.

Can I Sue a Dealership for Rolling Back Odometer

Source: https://consumeractionlawgroup.com/odometer-fraud/

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