advice regarding accident damage repair and compliance

[qube 3570]

ok ill try to keep it short,

my friend bought a car privately a few months back and shes just had a small accident. she took it into a panel beats and they informed her that the car was repaired from a previous accident and it should never have been complied in the first place.

its a 2009 nissan 370gt with like under 50thousand ks on it.

Im thinking a few scenarios:

1. car was in an accident in japan, fixed there, then imported to nz and compliance didnt pick up on the damage so just passed as a 'normal' car

2. the importer and seller from japan did some sneaky tricky deal and managed to get it imported and paid off a compliance guy to pass the car as normal (very unlikely lol)

3. car was imported as an accident car and then got flagged in nz at compliance. then got fixed here and got issued a repair cert (?) to say that it was ok and done to the legal standard and it wasnt

4. panel beater is taking my friend for a joy ride and trying to scam her into a huge repair bill for nothing (lol..)

im still waiting for her to give me more details but i thought i might get a head start and post this up for some advice.

i am totally clueless on compliance proceedures and all that jazz so beginners talk would be greatly appreciated.

just another thought, wouldnt it be easy to find the details about the car during it's compliance process (any documents etc) and also the details about the importer? whether its was a dealership or a private importer, their name and license number etc.

yea any ways sorry got a bit longer than i thought lol

[aja540i 1906]

What makes you think it was damaged in japan? It could have been damaged and repaired in NZ by a previous owner, in which case there is no requirement for re-compliance.

If it was imported as a damaged vehicle i believe a carjam report will show that.

[KwS 2421]

fresh import and she is first nz owner id guess

[allan 295]

Go back to the person she bought it from and ask them for all the history they have on the vehicle who, when, where and how then go from their. Also get in touch with a vehicle compliance agent and get some info and idea from them on the process under taken with importing a vehicle and getting it complied here in NZ. This may give you and her a better understanding of what happens and how you might proceed. Sounds like she could be in for a bit of grief and heart ache.

[qube 3570]

shes the first registered owner. i dont think she can get in touch with the seller he might not be in the country.

Go back to the person she bought it from and ask them for all the history they have on the vehicle who, when, where and how then go from their.

we will probably have to rule out this possibility.

anyway we've got the ball rolling kinda, shes talking to the repair shop, compliance people, a private importer and also a lawyer.

will update when i find out more

[E30 325i Rag-Top 2956]

Unfortunately there are some very loose compliance centres out there, that can be "persuaded" to let things slide.

[qube 3570]

^ thats what i was thinking.. it just causes trouble for the unexpecting buyer

[Driftit 2069]

Yeah a few bottles of JD's and they slide through.

But the importer/seller is responsible for anything that was not disclosed. The rules changed in 2003 for frontal impact.

I think you were liable for up to 7 years.

If it was flagged as a damaged vehicle upon entry to the country it would require a repair cert to be complied.

If it was flagged as a damaged vehicle once being complied it would also require a repair cert. However the compliance company decides if they want to declare it or not.

If there is no flag at all. Then I would be looking at a court case against the Complier and Seller if you can prove this damage should have been picked up.

[E30 325i Rag-Top 2956]

The importer of the car is also liable under the Sale of Goods Act if you look at the definitions closely.

Something smells fishy with the car, at the least it's a honest mistake which should be rectified. Start kicking up as much fuss as possible and see who ducks for cover...

[Driftit 2069]

If the seller has left the country go after the company. If the company is no longer trading ask how the car made it through compliance.

Get an engineers report and get ready for a court battle.

[qube 3570]

Apparently lawyers think theres no case or they dont wana do it.

They said pointless to go after compliance guys. If anything go after the aa inspection team or the guy whos id was used on the trademe ad even though he was just listing on behalf of someone..

I duno she said she cbf and might just sell the car cheap for someone to fix..

Its such a nice car though.. what a shame