Attorney needed for help with Lemon
03-11-2010, 09:28 PM
#1
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Attorney needed for help with Lemon
Thanks everyone for your help, I'll let you know how it turns out.
Last edited by Letmebegus; 03-14-2010 at 09:51 AM. Reason: privacy
03-11-2010, 10:46 PM
#2
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Recently purchased an 996tt with warranty, car was sold in excellent 100% working condition, I have owned for very few miles and facing $12k in repairs that warranty company has turned down due to misuse/abuse.
Don't want to give out too much info - never know who is watching
Don't want to give out too much info - never know who is watching
Consumer protection laws apply, more specifically those related to extended service contracts (which is what you probably bought though it may have been referred to as an extended warranty), with maybe a touch of general fair claim and settlements thrown in.
I can't speak for any attorneys but likely they'll not want to get involved cause there's not enough money.
This doesn't mean you can't get legal help. Some attorneys will offer free consultation or charge a small fee for the first one. My experience is you'll find one that while he (or she) may not want the case will spend some time (30 minutes or so, maybe longer over several over the phone sessions) discussing
the situation with you and offering you some guidance as how to proceed.
Also, I have in the past offered to pay an attorney's hourly rate for say 30 minutes to 1 hour of his/her time just to have someone to run things by and get some legal input as to how to proceed. When one is dealing with thousands of dollars, a few hundred for an hour's worth of an attorney's time is insignificant.
Before you call though have the paperwork, fine print and all, in front of you cause the attorney will ask you questions as to the wording of the contract. You make better progress and the attorney will be more willing to help you if you have the documents in front of you and can answer his questions then and there. It should go: attorney asks you a question, you can supply with little dead air time as possible the correct answer; next question, next answer; and so on.
Also, do not be afraid to contact your county's division of consumer fraud and see if you have grounds to file a complaint.
One gotcha some insurance companies fall into is they deny a claim or a portion of a claim and do not quote/state the section of the policy that gives them the right to deny the claim. If the warranty company did not provide this in writing and does not provide it in writing (assuming the laws in your area require this) in a timely fashion you may have some basis for challenging the denial. This is where you need to familiarize yourself with fair claims and settlements in the state in which you live.
I have spoken with a few Porsche techs and they all "hate" these 3rd party warranty companies. They'll send "adjusters" out that ask 20 bazillion questions each one intended to get a response from the tech that can be used to deny the claim.
Many people do not realize it, but the shop tech is your agent in this matter, in some respects, he "represents" you in these matters and what he says can make or break the warranty, so to speak.
It would help to know what the tech said, if a tech was involved of course. You might ask him or his service manager -- the higher you go the better and you must ensure you assure the manager/tech you are not after their blood -- and get something in writing cause if he said one thing and the warranty company choose to ignore it, or mis-interpret it, you might have more luck in your situation.
Best of luck.
Sincerely,
Macster.
03-11-2010, 11:02 PM
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You will have to get a Attorney to sue your aftermarket warranty company, or the dealer that you purchased the car from.
They most likely sold the car "AS IS" and then sold you aftermarket warranty.
Did you get a pre-purchase inspection from another shop>other than the dealer?
These cars require work. Plugs, coil packs, in the worst situations intermediate shafts, cylinder heads, rebuilt gearboxes. Buyer beware.
They most likely sold the car "AS IS" and then sold you aftermarket warranty.
Did you get a pre-purchase inspection from another shop>other than the dealer?
These cars require work. Plugs, coil packs, in the worst situations intermediate shafts, cylinder heads, rebuilt gearboxes. Buyer beware.
03-11-2010, 11:13 PM
#4
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if you bought car from dealer and they sold you warranty, id go to them 1st and see if they would honor there warranty if you bought from online warranty id get a lawyer asap and have them call the company. The adjusters job is to deny your claim and tell his boss he's doing his job, play this game but if you want any fair resolution it will require legal help from any attorney that deals with insurance companies
03-12-2010, 10:39 AM
#5
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Good luck in a tough situation. Lemon Laws are governed by state statute. There are particular requirements to qualify (like 30 days in the shop w/o fixing the problem). I don't know what they are in your state, but as Macster said, it doesn't appear to be a Lemon law issue. Also, I always thought that Lemon laws only applied to new cars. But, check it out, b/c if it is a Lemon Law does apply, and you prevail, car co. pays the attorneys fees.
It sounds like you are in the after-market warranty hell. You pay X thousands of dollars for a "warranty" that is basically an empty promise. What was the name of the warranty company?
Also, caveat emptor applies to a used car - that's why everyone says - "get a good PPI." If you didn't, and the problem was there when you bought it, you might be SOL.
Again, good luck. Do some research on the warranty company, and rthen call a lawyer with all your ducks in a row.
It sounds like you are in the after-market warranty hell. You pay X thousands of dollars for a "warranty" that is basically an empty promise. What was the name of the warranty company?
Also, caveat emptor applies to a used car - that's why everyone says - "get a good PPI." If you didn't, and the problem was there when you bought it, you might be SOL.
Again, good luck. Do some research on the warranty company, and rthen call a lawyer with all your ducks in a row.
03-12-2010, 02:07 PM
#6
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OP What ever you decide, act fast.
There is usually time limit windows on claims, depending on who the seller was (private party or dealer), the sale price, and what the issue is.
Check with your state consumer protection department. They should list differences between new and used purchases covered under lemon law protection.
Be careful if there is an arbitration clause in your contract, usually you give up your other options if you go that way, plus the "arbitrator" could have some 'conflict' vis-a-vis your point of view.
Examine the wiggle room language in the warranty contract and see if you can get your own expert opinion refuting their use of that language. And by "expert" I don't mean advice harvested on the web. (No offense to anyone here!) That's where you can try to hold them to performance.
Avoid the appearance you would be open to accept offers of compromise unless all else fails.
BD
There is usually time limit windows on claims, depending on who the seller was (private party or dealer), the sale price, and what the issue is.
Check with your state consumer protection department. They should list differences between new and used purchases covered under lemon law protection.
Be careful if there is an arbitration clause in your contract, usually you give up your other options if you go that way, plus the "arbitrator" could have some 'conflict' vis-a-vis your point of view.
Examine the wiggle room language in the warranty contract and see if you can get your own expert opinion refuting their use of that language. And by "expert" I don't mean advice harvested on the web. (No offense to anyone here!) That's where you can try to hold them to performance.
Avoid the appearance you would be open to accept offers of compromise unless all else fails.
BD
03-12-2010, 04:00 PM
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Thank you all so much for your help and advice, I should have joined this forum before buying!
I have learned that the Federal Trade Commission does offer relief to buyers in my situation, especially when there is a warranty/service contract with the car, through implied warranties.
Thank you again.
I have learned that the Federal Trade Commission does offer relief to buyers in my situation, especially when there is a warranty/service contract with the car, through implied warranties.
Thank you again.
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03-13-2010, 02:29 AM
#8
Burning Brakes
Expensive lesson on the way I am afraid...
I suspect you do not have a "warranty"... you likely have a CONTRACT for repairs of mechanical breakdown.
Unfortunately you need to READ and UNDERSTAND the terms of the CONTRACT you bought. In particular. it likely excludes any damage due to abuse. Abuse YOU do, or abuse the prior owner did. Hence the importance of a very thorough and complete PPI. People thing "I'll get the warranty and that way I don't need to be so nutty with the PPI"... not a bullet proof plan.
Did you buy the car from a P dealer? or just a used car lot? If you can show that they misled you or knowing sold a warranty that was worthless due to the conditon of the car, you might have some leveage. 34 hrs of labor to fix the tranny will be much cheaper than the legal bills though....
Good luck
A
I suspect you do not have a "warranty"... you likely have a CONTRACT for repairs of mechanical breakdown.
Unfortunately you need to READ and UNDERSTAND the terms of the CONTRACT you bought. In particular. it likely excludes any damage due to abuse. Abuse YOU do, or abuse the prior owner did. Hence the importance of a very thorough and complete PPI. People thing "I'll get the warranty and that way I don't need to be so nutty with the PPI"... not a bullet proof plan.
Did you buy the car from a P dealer? or just a used car lot? If you can show that they misled you or knowing sold a warranty that was worthless due to the conditon of the car, you might have some leveage. 34 hrs of labor to fix the tranny will be much cheaper than the legal bills though....
Good luck
A
