Warranty versus car insurance
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Warranty versus car insurance
I have an engine issue that New Link Destination
yota is saying is not covered by warranty as I was in a front end accident 6 months ago. Insurance is saying its mechanical inside the engine not related to accident. How can I proceed when insurance is saying its not accident related and New Link Destination
yota warranty is saying its accident related?
Asked on December 28, 2017 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
All you can do is sue one, the other, or both (you can combine both in one lawsuit) for "breach of contract," or for not honoring their obligation to pay when the policy or warranty (both of which are contracts) requires them to pay. You'd have to show in court how it was either mechanical defect (warranty) or accident-related (insurance). Suing both at once is a good idea, since it seems that it has to be one or the other logicaly: in a lawsuit naming both, it seems that one of them must be liable.
Of course, you have balance the cost and time involved in a lawsuit vs. the amount of money (cost to repair) you hope to get: it may not be economically wortwhile to sue, but suing is the only way to force one to pay.
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