Small claims court recommendations in CA: warranty claims denied
07-10-2008, 02:51 PM
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Small claims court recommendations in CA: warranty claims denied
I had a 2 year warranty with Fidelity. They cancelled the contract after 1 year since I missed a payment with a lost and cancelled credit card.
I bought a new policy shortly thereafter and after 1100 miles they are denying the claim saying it was pre-existing condition.
If i was under the old policy they would have had to fix it...now they use this as an excuse to deny the claim
Anyone done this before and what are your recommendations? Should I ask for a written letter on the basis of denial as well?
thanks!
I bought a new policy shortly thereafter and after 1100 miles they are denying the claim saying it was pre-existing condition.
If i was under the old policy they would have had to fix it...now they use this as an excuse to deny the claim
Anyone done this before and what are your recommendations? Should I ask for a written letter on the basis of denial as well?
thanks!
07-10-2008, 03:19 PM
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not really just stg2+ and need new turbo. its covered under warranty the adjuster was fine with it
they saw the car...it just came back a few days later as denied based on "pre-existing condition" nothing else.
07-10-2008, 03:34 PM
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They did research and found out how much $$ it costs to change out the turbos
Is your new policy/contract through Fidelity as well? If so, did you attempt to file a claim with them previously? (before the original contract was terminated)
07-10-2008, 03:38 PM
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Exactly, I know that is the reason they were looking into ways to avoid paying. I dont
think pre-existing condition is very easy to proof for them. There is nothing in the contract stating a limit in miles or weeks from time of purchase of the contract.
Im hoping the small claims court wil favor the plaintiff. Maybe an evening court date might help too.
I just want to know if I should ask anything from them in writing. i.e the reason for denial so that i can take it to court and they dont change the reason.
Im hoping the small claims court wil favor the plaintiff. Maybe an evening court date might help too.
I just want to know if I should ask anything from them in writing. i.e the reason for denial so that i can take it to court and they dont change the reason.
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07-10-2008, 03:54 PM
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If you attempted to file a claim on the turbos on the old contract, then...
They have proof the turbo(s) needed replaced prior to you signing the new service contract.
If the first time you brought the bad turbos to their attention was on the <b>new</b> contract, then they would be obligated to pay (depending on the contract details)
My extended warranty company initially denied my claim for replacing the turbos also (Wanted proof of oil changes, etc), but they ended up covering everything plus more.
I would ask for clarification on their basis for denial.
If the first time you brought the bad turbos to their attention was on the <b>new</b> contract, then they would be obligated to pay (depending on the contract details)
My extended warranty company initially denied my claim for replacing the turbos also (Wanted proof of oil changes, etc), but they ended up covering everything plus more.
I would ask for clarification on their basis for denial.