If a Car Warranty Company Won't Pay a Claim, Can I Sue?
Your car is covered by a warranty and that has always been a solace to you. But now that you actually have made needed repairs and submitted your claim, the company is refusing to reimburse you. You can sue, but there are also some steps you should take first -- doing these could inspire the warranty company to pay up. If not, document all you have done and then file a lawsuit.
Sometimes lawsuits can be prevented with clear communication and a little organization. According to Accurate Auto Advice, the first step to take when a warranty company denies your claim is a thorough policy review. Quite simply, read your deal ... carefully.
Do you really know what your warranty covers, and is the repair you sought actually included? Some warranties only cover repairs needed due to wear and tear while others cover mechanical breakdowns. Make sure that the claim you made is one that truly is covered by your warranty and is legitimate ... and then make sure your mechanic characterizes it the same way.
A Better Letter
After you have reviewed your warranty and are certain that your claim should be covered, take your claim paperwork down to the mechanic who made your repairs. Ask the mechanic to document all actions taken and to characterize actions in the report using the vocabulary of the warranty company to the extent possible. If necessary, pay a little extra for extensive supportive documentation and include that added fee in the claim.
But do not just rely on the mechanic's report. Write a letter. Make it clean, clear, and as simple as possible, detailing what happened to your claim, why that denial was a mistake, and how you are showing as much with the enclosed documentation.
If your letter is easy to read and follow and the documents you include prove that your claim should not have been denied, then you have succeeded and the efforts will have been worth your time. But if the warranty company denies you again, then it is time to think of filing a lawsuit. Conveniently, you now have all your information neatly organized for a lawyer.
Consult With Counsel
If you are having trouble with an insurance or warranty claim, speak to a lawyer. Even if you decide not to file suit, a letter from a lawyer may be just the thing to inspire your claims adjuster to approve your request. Get help.
- Find an Attorney Near You (FindLaw's Lawyer Directory)
- What Are Express and Implied Warranties? (FindLaw's Learn About the Law)
- Full Warranty vs. Partial Warranty (FindLaw's Learn About the Law)
- What Does 'Caveat Emptor' Mean? (FindLaw's Learn About the Law)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.