Buying a used car should not feel like a gamble. When you drive off a lot in Manassas or anywhere in Northern Virginia, you rely on that colorful safety inspection sticker on the windshield. It tells you the vehicle is safe for the road. Unfortunately, some shops participate in “lick and stick” inspections. This happens when an inspector passes a car that actually has serious safety defects.
Recently, the Virginia Court of Appeals reviewed two significant cases regarding this exact issue. Our firm, Thomas R. Breeden, P.C., was involved in one of these cases, Fitch v. Phantom Auto Group, LLC. Together with the Virginia Consumer Protection Act, these rulings clarify that motor vehicle safety inspectors are legally liable for passing cars that should have failed.
Holding inspectors and dealers accountable
The law requires a thorough check of the frame, brakes, steering, lights and tires. If an inspector ignores a dangerous problem, they are responsible for that negligence. However, the inspector might not be the only one at fault.
We also look at the role of the car dealer. A dealer may face liability if we can prove they had reason to know the safety inspection was inaccurate. They are also responsible if they made affirmative misrepresentations about the car. For example, in a recent case, a dealer concealed that the entire exhaust system had been removed from the vehicle, rendering it illegal to drive on the streets.
Signs of a fraudulent inspection
You should stay alert for red flags after a vehicle purchase. Watch for these common issues that might indicate a bad inspection:
- Warning lights appear on your dashboard immediately after purchase
- The brakes squeal or feel soft when you press the pedal
- Tires have uneven wear or very little tread left
- Frames show signs of heavy rust or previous structural damage
- Lights or signals do not function correctly
What you should do next
If you discover your new car is unsafe, take action quickly. First, do not continue to drive a vehicle that puts your life at risk. Keep all of your sales documents, including any advertisements that claimed the car was “fully inspected” or “safe.” These records are vital evidence. We also recommend taking the car to an independent, trusted mechanic. Ask them to perform a fresh inspection and document every safety failure they find and photograph everything.
Do not have them make repairs at this point, as this would alter the condition of the vehicle and prevent you from enforcing your rights. Instead, you should contact the Virginia State Police to request a vehicle safety division officer examine your vehicle. Upon confirmation, contact a consumer protection attorney with experience pursuing claims against dealers and safety inspectors.
Get help protecting your consumer rights
At Thomas R. Breeden, P.C., we help consumers in Northern Virginia hold these shops and dealers accountable for their actions. You deserve a vehicle that meets Virginia safety standards. You can contact our office in Manassas to discuss your situation and learn how we can protect your rights.