Q. There are several companies which provide evaluations of plans. Are these evaluations reliable?

A. Frequently not, and many of the evaluation companies have charges that seem to influence the evaluation. We have seen several companies with poor records and multiple complaints receive good ratings. The Better Business Bureau does assemble complaints and provides a reasonably reliable assessment. Their numerical evaluations are better than the letter ratings. For example, a company with multiple complaints and a 1.8 rating out of 5 may still get an A rating if the complaints were resolved or at least answered.

Q. I've been reading reviews about one company and they seem to be mixed. How do you sort it out?

A. Legitimate people usually provide multiple reviews, but if you see a single review, you should question it. There are overseas review factories that generate false favorable reviews. First, check if the person has reviewed other places. Then, look at the review—does it talk about specifics about the company, or are the words general, such as "loved the company"?

Q. What types of claims can be filed when a plan fails to cover needed repairs?

A. The basic claim is breach of express warranty (the warranty provided). To prove that claim, be prepared to show:

• Policy: There is a policy, and it provides for coverage.
• Repair: An automobile repair facility diagnosed the problem and requested reimbursement.
• Rejection: The claim was denied.
• Evidence: Try to get all of these things in writing to prove your claim.

Other potential claims include:

• Consumer fraud or violation of the deceptive practices law.
• Common law fraud: This is more demanding but may create higher damages.
• Note: Other parties involved in the transaction may be sued for aiding and abetting.

Damages may include:

• Out-of-pocket loss.
• Rental car or inconvenience.
• Compensatory or punitive damages.

Legal Defenses

Note, bringing the claim is not simply a walk-through. The companies can be tough and familiar with the requirements of their policies and exclusions. Defenses can include:

• The claim is covered by arbitration, and the consumer must file there.
• An exclusion or disclaimer applies.

Call (973) 598-1980 or Attorney Cell (973) 479-5515 for a Free Consultation

My car is out of service and the warranty company will not cover it

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