Welcome to the North American Subaru Impreza Owners Club Thursday July 2, 2020
Home Forums Images WikiNASIOC Products Store Modifications Upgrade Garage
NASIOC
Go Back   NASIOC > NASIOC General > General Community

Welcome to NASIOC - The world's largest online community for Subaru enthusiasts!
Welcome to the NASIOC.com Subaru forum.

You are currently viewing our forum as a guest, which gives you limited access to view most discussions and access our other features. By joining our community, free of charge, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is free, fast and simple, so please join our community today!

If you have any problems with the registration process or your account login, please contact us.







* As an Amazon Associate I earn from qualifying purchases. 
* Registered users of the site do not see these ads. 
Reply
 
Thread Tools Display Modes
Old 11-28-2017, 03:55 PM   #1
carlos.danger
Scooby Specialist
 
Member#: 363268
Join Date: Jul 2013
Location: California
Vehicle:
2015 WRX STi
WRB

Default What kind of attorney to hire for a warranty claim?

If one were to make a warranty claim, and the warranty claim was denied, what kind of attorney would one retain to fight the denial?
* Registered users of the site do not see these ads.
carlos.danger is offline   Reply With Quote
Sponsored Links
* Registered users of the site do not see these ads.
Old 11-28-2017, 04:27 PM   #2
legacy2005
Scooby Newbie
 
Member#: 94720
Join Date: Aug 2005
Chapter/Region: MWSOC
Location: Ohio
Vehicle:
2018 STI
DGM

Default

getting an attorney is a drastic first step and can do more harm depending on the situation. i know when i was a auto tech anytime lawyers/law suits were brought up all communication/help from the dealership was instantly dropped and the customers were told that any further communication would be through the dealerships lawyers.

Whats was the warranty claim? and reason for the denial? have you tried another dealership or tried contacting SOA to see if the could/would cover your issue.
legacy2005 is offline   Reply With Quote
Old 11-28-2017, 07:20 PM   #3
carlos.danger
Scooby Specialist
 
Member#: 363268
Join Date: Jul 2013
Location: California
Vehicle:
2015 WRX STi
WRB

Default

Sounds like lawyering up would be a last resort. Small claims would probably be where I would end up if the denial is continued.

I'm wondering if small firms would even be interested in warranty denial claims.
carlos.danger is offline   Reply With Quote
Old 11-28-2017, 07:24 PM   #4
sc00by4life
Scooby Guru
 
Member#: 97135
Join Date: Sep 2005
Chapter/Region: NWIC
Default

likely someone who specializes in contract law.

likely a bad move for you unless there was something fishy going on at the dealership, the manufacturer has all sorts of leverage to protect themselves against warranty claims on modded cars.
sc00by4life is offline   Reply With Quote
Old 11-28-2017, 07:43 PM   #5
GlarryHoodDIT
Scooby Specialist
 
Member#: 460907
Join Date: Jan 2017
Chapter/Region: RMIC
Location: Colorado
Vehicle:
2016 WRX

Default

There's attorneys who specifically deal with warranty suits, some who specifically deal with contract law, you could probably find a personal injury lawyer to take your claim honestly.

It depends on what the denial is for. I would try to find someone specifically for warranty issues and have a talk with them. See if it's worth trying to pursue something.
GlarryHoodDIT is offline   Reply With Quote
Old 11-28-2017, 07:52 PM   #6
Jack
Add Lightness
Moderator
 
Member#: 13699
Join Date: Dec 2001
Chapter/Region: NESIC
Location: Hopkinton, MA
Vehicle:
not my president
(From General)

Default

Indeed, work it from whoever at the dealer to the general manager to the owner to SOA to your state's consumer protection department to Attorney General and if you really, really want, get a first meeting with an attorney, which is typically free and they'll tell you what they think and advise you whether or not to go forward.

An attorney may work on a percentage recovered. Getting a new short block installed for free doesn't fly. He needs money. I presently am working with an attorney on a completely unrelated, non automotive matter and his hourly rate is $275 charged by the 1/10th hour (6 minutes) minimum which means that if I send an email and he reads it, it just cost me $27.50.
Jack is offline   Reply With Quote
Old 11-28-2017, 08:16 PM   #7
MyLongForeskin
*** Banned ***
 
Member#: 478383
Join Date: Nov 2017
Chapter/Region: PRSIC
Location: I'm on a boat.
Default

Can we please hear the story of why your claim was denied? Is it the tech or the service advisor telling you it is not covered? They should have a warranty administrator that actually process the claims with the manufacturer, that is who would likely have final say unless a GM or service manager steps in and Goodwill it on the dealers dime.

( I was a warranty administrator for a VW dealer)
MyLongForeskin is offline   Reply With Quote
Old 11-28-2017, 09:09 PM   #8
carlos.danger
Scooby Specialist
 
Member#: 363268
Join Date: Jul 2013
Location: California
Vehicle:
2015 WRX STi
WRB

Default

Quote:
Originally Posted by sc00by4life View Post
likely someone who specializes in contract law.

likely a bad move for you unless there was something fishy going on at the dealership, the manufacturer has all sorts of leverage to protect themselves against warranty claims on modded cars.
And if the car was stock?
carlos.danger is offline   Reply With Quote
Old 11-28-2017, 09:11 PM   #9
carlos.danger
Scooby Specialist
 
Member#: 363268
Join Date: Jul 2013
Location: California
Vehicle:
2015 WRX STi
WRB

Default

Quote:
Originally Posted by MyLongForeskin View Post
Can we please hear the story of why your claim was denied? Is it the tech or the service advisor telling you it is not covered? They should have a warranty administrator that actually process the claims with the manufacturer, that is who would likely have final say unless a GM or service manager steps in and Goodwill it on the dealers dime.

( I was a warranty administrator for a VW dealer)
I'd really rather not get into a long winded explanation right now. I'm only asking if anyone can refer a lawyer that has dealt with denial of warranty claims.
carlos.danger is offline   Reply With Quote
Old 11-28-2017, 09:38 PM   #10
MyLongForeskin
*** Banned ***
 
Member#: 478383
Join Date: Nov 2017
Chapter/Region: PRSIC
Location: I'm on a boat.
Default

Quote:
Originally Posted by carlos.danger View Post
I'd really rather not get into a long winded explanation right now. I'm only asking if anyone can refer a lawyer that has dealt with denial of warranty claims.
Any law office can help you out that deals with civil litigation.

It will never get that far if you are in the right, if you are in the wrong you will lose more money than the car is worth. If it doesn't meet the amount to get out of small claims court a lawyery won't do anything more than write a mean letter.

In my 5 short years on the job anything that went to court we won. Anything that was under $5k was pretty much bought unless it was a slam dunk case.

The details of your warranty should be in your owners manual, take it out and tell them to point to why your claim is denied. If they can't contact the GM. They usually will just pay to make it go away.

Looks like $6500 in CA. Not a lawyer or in CA so could be wrong.

If you tell me the part and reason for denial I can give you pretty specific info if it is a good or bad case and what words to specifically say to get things covered if you have any.

Last edited by MyLongForeskin; 11-28-2017 at 09:44 PM.
MyLongForeskin is offline   Reply With Quote
Old 11-28-2017, 09:43 PM   #11
SoapBox
Scooby Guru
 
Member#: 204578
Join Date: Mar 2009
Chapter/Region: MAIC
Location: 1 Month til FL :(
Vehicle:
'08 535 Wagon
I tour

Default

Oh come on, tell us...

What broke? Obviously a big ticket item?

Not the motor of course...
SoapBox is offline   Reply With Quote
Old 11-28-2017, 09:53 PM   #12
carlos.danger
Scooby Specialist
 
Member#: 363268
Join Date: Jul 2013
Location: California
Vehicle:
2015 WRX STi
WRB

Default

Not until I have the final report from soa. Sorry but I don't want to spread any misinformation at this point.

I appreciate the responses. Thank you.
carlos.danger is offline   Reply With Quote
Old 11-28-2017, 10:03 PM   #13
MyLongForeskin
*** Banned ***
 
Member#: 478383
Join Date: Nov 2017
Chapter/Region: PRSIC
Location: I'm on a boat.
Default

Cool, good luck. Let me Know if you need any help..

P.s. Don't say anything about a lawyer at the dealership, they will likely tell you to remove your car and have it towed off site if you don't.
MyLongForeskin is offline   Reply With Quote
Old 11-28-2017, 10:08 PM   #14
carlos.danger
Scooby Specialist
 
Member#: 363268
Join Date: Jul 2013
Location: California
Vehicle:
2015 WRX STi
WRB

Default

Quote:
Originally Posted by MyLongForeskin View Post
Cool, good luck. Let me Know if you need any help..

P.s. Don't say anything about a lawyer at the dealership, they will likely tell you to remove your car and have it towed off site if you don't.
Agreed. Like I said I don't have the final report and final course of action yet, but I am.expecting a call this week. I want to have a backup plan if it does not go as expected.
carlos.danger is offline   Reply With Quote
Old 11-29-2017, 06:48 AM   #15
rtv900
Scooby Guru
 
Member#: 428511
Join Date: Aug 2015
Location: philadelphia
Vehicle:
2016 STI

Default

Quote:
Originally Posted by SoapBox View Post
Oh come on, tell us...

What broke? Obviously a big ticket item?

Not the motor of course...
uh oh

If you broke the motor you MUST make up a lie to tell Soapbox.
We can't be encouraging him
rtv900 is offline   Reply With Quote
Old 11-29-2017, 09:34 AM   #16
legacy2005
Scooby Newbie
 
Member#: 94720
Join Date: Aug 2005
Chapter/Region: MWSOC
Location: Ohio
Vehicle:
2018 STI
DGM

Default

so since he isnt going to say the reason for the odd questions im going to guess.

hmm.. guy is from california = stuck up/tool that thinks the world owes him. he blew up the motor doing something stupid and because it doesnt say you cant do X stupid item in the owners manual he wants his screw up covered by warranty.
legacy2005 is offline   Reply With Quote
Old 11-29-2017, 11:27 AM   #17
Jack
Add Lightness
Moderator
 
Member#: 13699
Join Date: Dec 2001
Chapter/Region: NESIC
Location: Hopkinton, MA
Vehicle:
not my president
(From General)

Default

Quote:
Originally Posted by legacy2005 View Post
so since he isnt going to say the reason for the odd questions im going to guess.

hmm.. guy is from california = stuck up/tool that thinks the world owes him. he blew up the motor doing something stupid and because it doesnt say you cant do X stupid item in the owners manual he wants his screw up covered by warranty.
Uh, you're wrong on all counts. The OP is a long standing member here who's contributed a lot to NASIOC over the years. I'd not be surprised if it's his wife's Crosstrek that went kaboom. Crosstreks do tend to do that. (my wife has one)
Jack is offline   Reply With Quote
Old 11-29-2017, 12:01 PM   #18
Economatic
Scooby Specialist
 
Member#: 220091
Join Date: Aug 2009
Chapter/Region: NWIC
Location: Bend, OR
Default

Subscribed.

I'm interested to hear some details if SOA doesn't rule in your favor. I've dealt with them a few times and they've always been fair, even if I got hassled a bit by the dealership.
Economatic is offline   Reply With Quote
Old 11-29-2017, 12:41 PM   #19
godfather2112
Papi Chulo
Moderator
 
Member#: 53794
Join Date: Jan 2004
Chapter/Region: RMIC
Location: Boner kill city
Vehicle:
... 2017 BMW M2
2017 F-150

Default

Quote:
Originally Posted by legacy2005 View Post
so since he isnt going to say the reason for the odd questions im going to guess.

hmm.. guy is from california = stuck up/tool that thinks the world owes him. he blew up the motor doing something stupid and because it doesnt say you cant do X stupid item in the owners manual he wants his screw up covered by warranty.
The amount of stupid in this post is overwhelming.
godfather2112 is offline   Reply With Quote
Old 11-29-2017, 03:35 PM   #20
sc00by4life
Scooby Guru
 
Member#: 97135
Join Date: Sep 2005
Chapter/Region: NWIC
Default

Quote:
Originally Posted by carlos.danger View Post
And if the car was stock?
Depends on whether they have a case for abuse or not.

Lots of variables, best advice is to try to work it out with SOA but if they refuse to budge - as someone already mentioned - you can often get a legal consultation for free.
sc00by4life is offline   Reply With Quote
Old 11-29-2017, 03:40 PM   #21
carlos.danger
Scooby Specialist
 
Member#: 363268
Join Date: Jul 2013
Location: California
Vehicle:
2015 WRX STi
WRB

Default

Quote:
Originally Posted by sc00by4life View Post
Depends on whether they have a case for abuse or not.

Lots of variables, best advice is to try to work it out with SOA but if they refuse to budge - as someone already mentioned - you can often get a legal consultation for free.
I hate to derail my own thread in this case, but out of curiosity, and not related to my current situation, how would soa make a case for abuse? Do they have a standardized checklist of stuff they look for that would indicate abuse?
carlos.danger is offline   Reply With Quote
Old 11-29-2017, 03:47 PM   #22
rtv900
Scooby Guru
 
Member#: 428511
Join Date: Aug 2015
Location: philadelphia
Vehicle:
2016 STI

Default

Quote:
Originally Posted by carlos.danger View Post
I hate to derail my own thread in this case, but out of curiosity, and not related to my current situation, how would soa make a case for abuse? Do they have a standardized checklist of stuff they look for that would indicate abuse?
Unless something in the ECU records peak rpm, like if you downshifted to 2nd on the highway or something, or if the motor oil is horrible and they can prove it was never changed, I think it would be pretty tough to prove that.
Abuse might just be a go to stance to see if you walk.

Come on man, give us some details on what happened? Or at least tell us what your story is going to be.
rtv900 is offline   Reply With Quote
Old 11-29-2017, 04:22 PM   #23
sc00by4life
Scooby Guru
 
Member#: 97135
Join Date: Sep 2005
Chapter/Region: NWIC
Default

Quote:
Originally Posted by carlos.danger View Post
I hate to derail my own thread in this case, but out of curiosity, and not related to my current situation, how would soa make a case for abuse? Do they have a standardized checklist of stuff they look for that would indicate abuse?
Quote:
Originally Posted by rtv900 View Post
Unless something in the ECU records peak rpm, like if you downshifted to 2nd on the highway or something, or if the motor oil is horrible and they can prove it was never changed, I think it would be pretty tough to prove that.
Abuse might just be a go to stance to see if you walk.
excessive heat on certain components, excessive wear, there are indicators of abuse other than the failure itself.

say for example the transmission failed - they might see excessive heat on the clutch disc and/or pressure plate that would indicate hard launches and/or hard driving.
sc00by4life is offline   Reply With Quote
Old 11-29-2017, 04:28 PM   #24
rtv900
Scooby Guru
 
Member#: 428511
Join Date: Aug 2015
Location: philadelphia
Vehicle:
2016 STI

Default

Quote:
Originally Posted by sc00by4life View Post
excessive heat on certain components, excessive wear, there are indicators of abuse other than the failure itself.

say for example the transmission failed - they might see excessive heat on the clutch disc and/or pressure plate that would indicate hard launches and/or hard driving.
yeah good point, inspecting internals is a totally different story.

I was guessing he didn't get past the front receptionist before being denied, but that's a guess because this situation is a secret for some reason.
rtv900 is offline   Reply With Quote
Old 11-29-2017, 05:01 PM   #25
cerbomark
Scooby Specialist
 
Member#: 475983
Join Date: Oct 2017
Location: Upstate NY
Vehicle:
2018 WRX Limited
Silver

Default

https://en.wikipedia.org/wiki/Magnus...s_Warranty_Act

here is a guide to get you started...

and IF you went from 5th gear to 2nd instead of 6th (for example) it would be on you.
the above Magnuson Moss act describes warranty and what can be decline as to any mods that may have been made. Guessing here but good luck OPer.
cerbomark is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

All times are GMT -4. The time now is 05:36 PM.


Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Powered by Searchlight © 2020 Axivo Inc.
Copyright ©1999 - 2019, North American Subaru Impreza Owners Club, Inc.

As an Amazon Associate I earn from qualifying purchases.