The Problem
Unfortunately, many warranty companies reject legitimate claims or pay only a portion of the cost of repair. Sadly, only a small portion of people with legitimate claims take action, and the companies find it profitable to evade their obligations. What do you do?
1. Determine if Your Claim is Subject to Arbitration
Many warranty companies have arbitration clauses. These are generally enforced by courts, so you may have to proceed in arbitration. The good news is that legitimate organizations like the American Arbitration Association will generally handle claims in a reasonable fashion.
2. Check Your Policy to See if a Demand Letter or Other Item is Needed
Once you've met any prerequisites, file for arbitration. The American Arbitration Association, which handles many arbitrations, provides a comprehensive set of instructions and procedures. Visit their website for more information.
3. Language and Procedure
The first step in arbitration is to file a claim. Some companies have short forms, but don't struggle to fit 2-3 sentences on a short form. Attach an additional sheet identifying your damages and the specifics of your claim.
4. Identify Your Claim and Damages
We discuss these in further detail. Claims can be for breach of warranty or contract, or deceptive practices. Damages can include:
- The projected cost of repairs
- Rental car costs
- Damages for loss of use
- Additional damages under deceptive practices laws
5. Gather Material
Assemble the following:
- The policy
- Any brochures or webpages that mention broad coverage
- Proof of damages
- Any other supporting materials
Create a list of these documents to stay organized.
You may also like:
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Car Extended Warranty Calls: Understanding Your Rights and Seeking Legal Help
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Deceptive Auto Warranties and Telemarketing: Remedies and FTC Action
Keywords: consumer protection attorney, consumer attorney near me, small claims lawyer
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