Warranty versus car insurance

I have an engine issue that Toyota 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 Toyota 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 3 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.