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My Car Should Not Have Passed Maryland Safety Inspection - Whitney, LLP https://whitneyfirm.com/contact/ Here is our blog on our dealer cases and dealer legal issues: https://bit.ly/3bFkTeK Here are descriptions of some of our past car dealer settlements: https://bit.ly/3pG2pzN By: Daniel W. Whitney, Jr., Esq. Whitney, LLP 409 Washington Ave, Ste 750 Towson, MD 21204 410 583 8000 - Phone info@whitneyfirm.com Free Consultations Hi, this is Dan Whitney with the Whitney Law Firm in Towson, Maryland. Today, we're going to talk about the problem of, "What should I do when my car should not have passed the Maryland safety inspection?" I sue many car dealerships on behalf of clients across Maryland; new car dealers, used car dealers, and inspection stations that do fraudulent or negligent Maryland state inspections. This is a huge problem in Maryland. There are dozens, if not hundreds of dishonest Maryland state safety inspection inspectors that will pass a car despite serious problems with it. Usually, the way this works is somebody goes to buy a used car, and they take it for a little test drive around the block or relatively short. They think, "Okay, I guess it's all right." They buy it and they take it home. Within usually a couple days or a week, the truth begins to come out, and it turns out that the car perhaps shudders and turns off when it's being driven. Perhaps it pulls severely to one side, perhaps because a steering component is bent or otherwise damaged. The problem could be that a severely damaged component of the car such as the bumper has been damaged, but that was not detected. It could be a whole host of issues, and the question is what does the customer do about this? What do you do when you find out your car should not have passed inspection? Fortunately, in Maryland, the Maryland State Police have an excellent program through the Maryland State Police Automotive Safety Enforcement Division. What they will do as a free service to consumers is they will offer a free inspection of a car that was purchased typically within the last 30 days or 1000 miles, and there's some wiggle room on the end of that if you're close to those limits and a little bit over. But they will cause an inspection to be performed to determine whether or not, to their standards, the car should have passed inspection. And if they say, "Yes, it should have," well, that's pretty much the end of it. But a lot of times, the state police do the Maryland safety inspection, and they will determine that although an inspection station passed it, the inspection never should've passed this vehicle. It was a bad inspection and they violated the state administrative regulations that are the guideline as to the criteria that determines whether or not a car should pass. So if the state police figure out and they do their inspection and they determine that this car should not have passed, a report gets issued, and the report will cite the specific COMAR, Code of Maryland Regulations, COMAR provisions that were violated. The benefit to the customer is one, now you've got a Maryland state police investigator who has determined the car should not have passed. But you're still stuck with the issue of, "I've got this car, and what am I going to do about it?" Typically, what happens is once somebody calls the state police, an inspection gets done, and it's determined this should not have passed inspection, they go to the dealer and they say, "Dealer, this car should not have passed. Help me." And the dealer often says, "Tough luck. We didn't do the inspection. The inspection station did it. This is the inspection station's problem. I don't want to hear about it." Now, this is a completely inappropriate approach to take, and we have had cases where we sue not only the negligent and fraudulent inspection station for doing a bad Maryland safety inspection, but we also sue the dealer. In a recent case, in which this scenario happened, the Maryland state police investigator did his report, said it should not have passed. In this case, there was tremendous bumper damage that was obvious that should have failed the car, but the inspector passed it anyway in a particularly fraudulent inspection. What we did is we sued the inspection station, we sued the dealership, and at the end of the day, fortunately, the dealership bought the car back. Our client received compensation for the emotional distress for having to deal with this nightmare for months, and between the dealer and the inspection station, all of the attorney's fees were paid, so our client paid nothing out of pocket as usual. But if this has happened to you, and you've been the victim of a bad Maryland state safety inspection, you have legal rights and you should know what to do. • Why State Car Inspections are a Scam / @whitneyllp