Civic Type R
#378
Evolved Member
iTrader: (19)
What would you say the likely success rate would be suing an auto manufacturer for breach of contract (not honoring the warranty)? Now factor in whatever data they bring in to show the court that the car was used for racing/competition/misused (i.e., data logs), all things that the warranty expressly denies coverage on.
Hint: You lose and waste your clients money.
Hint: You lose and waste your clients money.
#379
EvoM Community Team Leader
https://en.wikipedia.org/wiki/Magnus...s_Warranty_Act
If you bring a suit under this you can seek attorney fees.
"Under the terms of the Act, ambiguous statements in a warranty are construed against the drafter of the warranty."
"Likewise, service contracts must fully, clearly, and conspicuously disclose their terms and conditions in simple and readily understood language."
To me that sounds like they actually have to spell out what you can't do. They can't use vague language like "If you abuse the car your warranty is void" Etc. They would have to spell out exactly what constitutes "Abuse". I'm not a lawyer though, and i haven't looked at any case law.
If you bring a suit under this you can seek attorney fees.
"Under the terms of the Act, ambiguous statements in a warranty are construed against the drafter of the warranty."
"Likewise, service contracts must fully, clearly, and conspicuously disclose their terms and conditions in simple and readily understood language."
To me that sounds like they actually have to spell out what you can't do. They can't use vague language like "If you abuse the car your warranty is void" Etc. They would have to spell out exactly what constitutes "Abuse". I'm not a lawyer though, and i haven't looked at any case law.
Last edited by Biggiesacks; Jun 24, 2017 at 08:41 AM.
#380
Evolved Member
iTrader: (7)
What would you say the likely success rate would be suing an auto manufacturer for breach of contract (not honoring the warranty)? Now factor in whatever data they bring in to show the court that the car was used for racing/competition/misused (i.e., data logs), all things that the warranty expressly denies coverage on.
Hint: You lose and waste your clients money.
Hint: You lose and waste your clients money.
There is no blanket success rate; each case turns on the facts.
#381
EvoM Community Team Leader
#382
Evolved Member
iTrader: (19)
An expert? No. But I do have a J.D. and I can read a contract. If a warranty expressly denies coverage for certain uses, and they can show you used the product in that way, then any damage reasonably related to that activity is not going to be covered.
Maybe things are different in Canada.
Maybe things are different in Canada.
#383
Evolved Member
iTrader: (7)
An expert? No. But I do have a J.D. and I can read a contract. If a warranty expressly denies coverage for certain uses, and they can show you used the product in that way, then any damage reasonably related to that activity is not going to be covered.
Maybe things are different in Canada.
Maybe things are different in Canada.
However, if the warranty uses vague terms, and the damage was caused by reasonable use, like towing a trailer, you have a case.
Or people can just go with your general eeyore-like philosophy of simply giving up without trying.
#384
Evolved Member
#387
EvoM Guru
iTrader: (1)
Really? Seems to me if they say something like "the car was obviously tracked" and deny the repair, you are left holding the bag.
Also, I think they can get you on "improper use" which is also mentioned in the warranty, i.e., that at-near redline for 10+ minutes is misuse of the product.
Also, I think they can get you on "improper use" which is also mentioned in the warranty, i.e., that at-near redline for 10+ minutes is misuse of the product.
ECU's don't store data like that. Some manufacturers have permanent codes for over rev and over heat, but stock ECU's don't store datalogs.
The dealer has to prove misuse. And has been previously posted, Magnuson allows for the recoupment of attorney fees. And as with lemon law cases, there are attorneys who specialize in cases like what we are discussing.
#388
Evolved Member
True. In some places, like my state for instance, you get to use binding arbitration for such disagreements in which case no lawyers are involved and the dealer/manufacturer has to pay for the arbiter.
#390
Evolved Member
iTrader: (19)
Modern cars track more than you would think. If a manufacturer denies warranty work because they say the damage was related to racing/competition/misuse, odds are they have some data that supports that decision. http://www.crashforensics.com/automo...arecorders.cfm