If my car engine failed and the warranty expired while it was in the shop, are they liable?

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If my car engine failed and the warranty expired while it was in the shop, are they liable?

We bought an extended warranty on a used car we purchased. The warranty unknowingly expired the day after it was diagnosed as needing a completely new engine. The car was in the shop the previous day while still under warranty but no claim was filed. The warranty contract says a claim must be filed before it expires. The shop should have checked the warranty when it arrived there but they didn’t. Now we are screwed. Is there anything that we can do?

Asked on March 8, 2019 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is not the shop's responsibility to check the warranty and see when it is expiring, or to to make sure claims are placed in time: it is yours. You are the beneficiary of the contract--the one who gets the benefit of the warranty. Other parties--either 3rd parties unconnected to the warranty, or even the company offering you the warranty--is not obligated to remind you to assert your rights; you have to do that yourself. So if a warranty claim was not filed in time under the terms of the warranty contract, you would have no recourse under it.


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