What can I do if my extended warranty company for my car has denied my claim twice?

I only have 400 miles until the warranty expires. I took it in a few months ago and a CV boot was leaking. The warranty company stated they don’t cover when it is a small leak. Now, I took it back and both boots are leaking more. The warranty company says they will not pay for repair because I drove the car with a known problem. What can I do?

Asked on October 6, 2015 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If your understanding or reading of the warranty is that they should cover this claim, you can sue them for breach of contract the warranty is a contract, and they must pay when the terms of that contract indicate that they should. You could also throw in a claim for violation of the implied covenant of good faith and fair dealing, or the obligation to essentially be honorable not generous or helpful, but fair and honest when dealing with the other party to a contract, since telling you that they couldn't help you with the initial leak without telling you what could happen if you let it go untreated, or denying your later claim after first refusing to help you, could be seen as a lack of good faith and fair dealing. If the amount is less than the limit for your small claims court, suing in small claims court, acting as your own attorney "pro se" is a good option.


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