More warranty discussion

[IdahoMtnSpyder]

One of the links I chased today led me to this article: https://autos.yahoo.com/news/bmw-learns-not-minimize-car-owners-warranty-rights-181500553.html, BMW learns not to MINImize car-owners’ warranty rights. That article is a reprint from Consumer Reports dated Friday, Mar 20.

In the CR article there is a link to this article: http://www.consumerreports.org/cro/n...nty/index.htm#. Can an aftermarket part void my car warranty? You might have to be a CR subscriber to see the article. If so let me know and I'll post a PDF of it.

Here's a quote from that article that more definitively states a point that has been discussed here in the forums before.

Should something go wrong, the warranty provider will need to determine the cause of the problem. The Federal Trade Commission says, “The manufacturer or dealer must show that the aftermarket or recycled part caused the need for repairs before denying warranty coverage.” That means if the dealer can prove (the burden is on the dealer) the problem was caused by the wrong viscosity or a poor quality oil filter, your warranty can be denied. Warranty protection would still be in effect for other parts of the cars.

Note the phrase, "The dealer or the manufacturer must show..."

[Highwayman2013]

Thanks for that good information.

[JayBros]

That's the Magnusson Moss Warranty Act. It's been in effect since 1975.

[jcthorne]

In the real world, that's not how it works though.

The mfg looks for any reason to deny warranty coverage and then its up to you and your legal team to PROVE it was not the case and the warranty should be valid. Administration of warranties is just like insurance claims. Deny, deny, deny and many of the claims will go away. Pay the remainder and pocket the savings.

The only real difference is that the mfg wants to sell you another vehicle so there is SOME measure of good faith SOMETIMES. Usually depends on the financial health of the manufacture.

[Dan McNally]

In the real world, that's not how it works though.

The mfg looks for any reason to deny warranty coverage and then its up to you and your legal team to PROVE it was not the case and the warranty should be valid. Administration of warranties is just like insurance claims. Deny, deny, deny and many of the claims will go away. Pay the remainder and pocket the savings.

The only real difference is that the mfg wants to sell you another vehicle so there is SOME measure of good faith SOMETIMES. Usually depends on the financial health of the manufacture.

It pays to have an attorney in that sort of event . . . oftentimes, just a letter from an attorney to a dealer discussing their responsibilities under the Magnusson Moss Warranty Act will put them back on track . . . because, just like insurance companies, they will try the initial denial, hoping you will go away, but know they don't have a leg to stand on . . . IF they are denying a warranty claim for something they know has nothing to do with the failed part, and it appears you are going to pursue legal action, they take the cheaper road and do the fix, rather than spending time and money in court and then still having to do the fix . . .