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Home | Auto InSights

Auto InSights - Warranty

The Magnuson-Moss Law (Lemon Law):
The Magnuson-Moss law is a federal law giving “the common man” rights in dealing with auto manufacturers. The law provides certain minimum requirements for warranties and disclosure of warranties before the purchase of a vehicle.
The law increases the consumers legal rights punch considerably. It says that if any product has a written warranty & if the product, or any part of that product, contains a defect after a reasonable number of attempts by the warrantor to repair it, the warrantor must either give a refund for or replacement of the product.
Although the federal law doesn’t say just how many failed repair attempts equal a lemon the commonly accepted number is three times. Basically, it’s three strikes and they’re out!
Another powerful feature within the law is its provision for the consumer (if he/she wins) to file to recover attorney fees that may have built up during the court battle. Keep your paperwork for everything; take notes as your Lemon story unfolds it will serve you well when it comes down to court. The possibility of paying your legal fees looms large when you have a well documented case, most manufacturers would rather settle quick than foot the bill.
 
The Uniform Commercial Code or UCC is another legal avenue to take a look at. It deals with general state warranty laws.
Common features within the states’ laws:

  • Require that manufacturers & no the dealers fix problem.
  • A "lemon" is defined as a defective car in which the defect significantly hinders the proper function, value, and/or safety of the vehicle after about three attempts to fix it.
  • The window of time for the “three attempt” period is 12 to 24 months or 12,000 to 24,000 miles.
  • Many of the state statutes include other stipulations that can sometimes quicken getting your lemon actually being declared a lemon.

If the problem is a critical safety issue that involves the brake system and/or the steering system the manufacturer is given only one chance to fix it.
Any time the car is in the repair shop for a collective total of 30 days in a one-year period, the vehicle is a lemon.
Note: Only around half of the state lemon laws will allow the purchaser to recoup his/her attorney's fees in his suit.

  • Most state laws will give a “mileage used offset” to the manufacturer for using the car during the period in question.

This mileage offset can often be argued against successfully thereby saving the consumer potential thousands of dollars. Again, a detailed list of costs involved (including time spent) will go a long way to negating any financial “offset” that may be proposed by the manufacturer.
The "Lemon Law" is a powerful legal tool for the average consumer. Before you can employ it however it is best to examine its features within your own state. Most states have subtle differences.
Remember, be prepared to back up your case with information! Details, receipts, time spent, rentals needed etc. A well documented case will usually give you success while a poorly documented case will greatly increase your chances of failure.
 
Extended Warranties…good idea? To claim, “extended warranties are a good investment” is a short sighted statement to say the least. An Extended Warranty, or "Service Contract" can either be a wise investment or a foolish money pit that gives you nothing in return for hundreds of dollars! Fact is, there are very few extended warranty programs out there that actually do what they advertise.
Sad but all to true, very few dealerships are squeaky clean when it comes to their warranty work. Customers tend to get bypassed on the grounds of:

  • "normal wear and tear isn’t covered"
  • “if you had notified us sooner it would have been covered”
  • “because you got the car serviced at another shop your warranty is void”
  • “your not covered for that because you haven’t done all your maintenance by mileage at our dealership”

Claims are often refused on ridiculous technicalities that leave the customer holding a worthless piece of paper that says “Extended Warranty” and left them a thousand dollars poorer.
Dealerships are not the only problem however, Independent “upstart” companies will try and pull the same scam. To matters worse it’s a little easier for them to do it because they don’t even have to face you! Most often they are headquartered in another state! They also will scam folks by setting up shop, take in a few hundred contracts and then they fold! It happens all the time!
So if the dealerships are shady and the independent companies are shady we’re stuck right? Wrong.
Despite the minefield of problems that are out there extended warranties still make good sense when you can find a good one. Don’t fret, just follow some simple “filtering facts” to help you separate the good from the bad.
Check with your local Better Business Borough to help size up warranty companies: bbb.com
 
A Winning Warranty
Like most insurance situations homework is the name of the game here. Use the internet to look for a solid policy then research the company it self, is it sound or does it appear to be a "fly by night" insurer. Make sure you have a winning warranty by having a policy that includes these features:
Wear and tear This means that the car is covered for both the parts that break as well as the parts that simply wear out. A "Wear and Tear" condition should be included on all covered parts in the policy.
Bumper to bumper coverage If the policy shows the items that are covered, it's not true bumper to bumper coverage. A true bumper to bumper plan will only list the few components that are not covered by the plan. These uncovered are usually cosmetic in nature.

  • Many plans have wear and tear exclusions on big dollar items like, major engine work and struts. Don't buy into "Mechanical Breakdown" plans because they usually will have wear-and-tear exclusions.

Overheating exclusions Find a plan that doesn't reject damage caused by overheating.
Roadside assistance You want a plan that Offers a Free nationwideRoadside Assistance Plan. You want to be covered per occurrence. Not an Out-of-Pocket Reimbursement Plan, that is Tied to Only Covered Repairs.
A good extended warranty policy will include:

  • Emergency road-side service
  • Emergency lock-out service
  • Emergency tire service
  • Fuel delivery
  • Battery assistance
  • Fluid delivery
  • Towing
  • Nationwide coverage
  • Nationwide toll free phone access
  • 24/365 Year-round service

Car rental Should your vehicle have to remain overnight for a covered repair, you're going to need wheels!
Basic needs If your car is disabled outside a hundred mile radius from your home and the needed repair is provided for under your policy, basic accommodations and meals should be provided for.
Nationwide coverage You should be able to receive repairs at any repair facility in the US or Canada.
Deductibles Deductible options should range from zero to a hundred dollars.
Renewals A provision should be offered so that the plan can be renewed for continuous one-year terms for as long as you own your vehicle.
Transferable For a modest fee, the capability to transfer your coverage when you sell your vehicle is a must a sit increases the resale value of your car.
 

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