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Car warranty issue void
We purchased a 2007 Suzuki XL7 in Sept 07. Since that time the dealership has had it more often than we have. We have had 4 rental cars.
We were trying to get it replaced or a buy back using the Lemon Law but they were balking, not wanting to talk with us etc. We were at the point of speaking with an attorney when "it" happened.
I had a wreck. The damage is substantial. The side airbags were all deployed, the vehicle rolled up on two side wheels and I thought we were going to roll. The top is buckled, the driver side doors had to be forced open.
Both the tow truck driver and the body shop owner have said that there would be no question that it would be totaled EXCEPT for the fact that it is so low mileage.
That is thanks to the fact that we weren't able to keep it on the road!
My question is, if the insurance company does opt to fix it, and it appears I have no recourse if they do, does the dealership have the right to void the warranty because the car was so badly damaged.
They already tried to blame one of the problems on an after market satellite radio which proved to be totally not true.
It just seems obvious that anything that goes wrong with it from now one, and there WILL be things that happen as I personally believe the car is cursed, can the company legally suggest that the problem was caused by the damage and refuse to make repairs.
I am just so angry about all of this.
I naively believed that the company would WANT to remove a faulty car from the roadway and keep a customer happy.
It wasn't like we were being unreasonable. Quite the contrary...we let them keep it as long as the wanted while they gave us rental cars of much less value than the one we had purchased. It is no wonder no one trusts anyone nowadays.
Sorry...sounding like a bitter old woman. But then again, I am!
Hi Bitter Old Woman Jane! You have every right to upset and mad.
Your situation is rather common, which irritates me also. There are certain things you can do to try to push the insurance company to total your vehicle. Please visit: http://www.auto-insurance-claim-advice.com/car-totaled.html for more information (more detailed) about what to do.
Here, your car sounds very badly damaged. The insurance company must be willing to put their name behind the repairs. Ask the for a "letter of guarantee" where they essentially agree to fix your car if anything goes wrong it (remember, this is a guarantee from the insurance company an not the body shop). Also, try to see if they can give you any letter assuming future liability if another accident would happen because the car is faulty.
Most insurance companies will not give you this, but you are making a paper trail and they know this can end up in litigation. Also, they will argue that the car will be as good new (you and I know that is impossible, but they will argue this), then they should stand behind the repairs at 100%.
It is probable that the best option for you is to ] fight that this car is a total loss. Visit that link and see if you can persuade them that it is.
Regarding the Car Warranty, well, it is very hard to say because I do no have it in front of me. I cannot speak to what it says or what it does not say.
I can tell you that most Car Warranties are void after such significant damage. They will argue (which is a sound argument) that the damages were caused because of the accident and not because it is a defective vehicle.
They would have a strong defense. But most warranties void this type of things on their face, so you might not even be able to argue that it is covered.
The second issue is that most insurance companies do not allow dealerships to fix your vehicle. They want you to go to cheaper shops were you can get a better deal. This is highly argued and I personally believe that it is unfair (but who cares about what I think), the bottom line is that by law, they can refuse to pay dealership rates.
What this means is that some other non dealership mechanic will be fixing your car. This means that the warranty will probably be void because a non certified Suzuki mechanic fixed your car. Again, most warranties (your might not be one) are void as soon as a non certified mechanic fixed the car.
They would argue that if the accident did not void the warranty, the repairs by a non Suzuki mechanic did.
Again, sounds like your car is a total loss. Visit the link above and see what you can do.
Consulting with an attorney is always the best idea.
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