If an extended car warranty company has no record of service contract purchased from car dealership, how do I get my money back?

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If an extended car warranty company has no record of service contract purchased from car dealership, how do I get my money back?

I purchased an extended warranty at the same time I purchased a vehicle back in 2007. I have not had to use the warranty until now when my car broke down. According to the warranty company, there is no record of my policy/contract and state that the dealer never submitted the paperwork. That dealership is no longer in business and I am now out the money that I paid for the warranty and the money paid for repairs. What recourse do I have in attempting to recoup my money?

Asked on November 1, 2010 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a practical matter, you may not have any recourse. If the paperwork was never submitted, then the warranty company is not responsible. The dealership would be legally responsible, but if it's out of business, there are probably no assets and no way to collect. Your only options may be:

1) If the dealership had been a sole proprietorship, you may be able to sue it's owner personally; but if it had been a limited liabilty company (LLC) or corporation, you cannot.

2) IF there is evidence that a dealership employee or the owner actually stole ("converted") the money you paid them--rather than this simply being a failure to discharge their obligations--you *may* be able to sue that person or persons personally for the tort of theft.


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