Pre Existing Problem won't pay

[Aaron9706]

Jurisdiction

Delaware

Ok I have a 2007 Mercedes Benz s550. I hired TOKO Warranty Company. Well I've never had any issues with my car but a few weeks ago, I came to a stop and the car cut out. I started it back up and it wouldn't go out of 1st gear. I called the warranty company told them what happened they told me take it to the dealer. I got my car towed to the dealer and waited.... Finally someone called from the warranty company wanting to know why I droved the car to the dealer if it wouldn't shift. I told him, " I had the car towed I never drove it I have the receipt from the towing company". So he says the dealer told me it was droved in. He asked for the receipt. The Mercedes Dealer faxed them the towing receipt. Next, they keep asking the dealer for all this paper work. So Mercedes gave them everything. Then I got a call from Mercedes telling me the warranty company denied the claim because they said it was a pre-existing problem. So I call and they tell me that the computer in the transmission said this problem occurred when the odometer read 11500km, and we didn't have it under warranty then. My argument is that I never owned the car at that point. I didn't buy the car until 2014. I said we buy after market warranties too protect us from used cars that may have a problem. I said if used cars never broke down, why would we need companies like you. Long story short they won't pay because they are claiming preexisting problem.

I would like to know if I have a case to sue? Being that I never owned the car at that point, and the only time I had a issue was when it just messed up a few weeks ago when I had already been over the 30 day 1000 mile rule before the policy went into affect. I had know knowledge of the problem.

 

[adjusterjack]

Whether you have any recourse depends on the exact wording of your warranty policy. I suggest you read it carefully and thoroughly and find the part that says pre-existing conditions are excluded.

If it's there then you knew or should have known that it was there when you bought the warranty.

Then have the car examined by an independent technician to determine that you are being given the straight story about when the problem previously existed.

If that's true and the exclusion exists then your money would be better spend on repairing the car instead of suing anybody.

 

[Aaron9706]

Whether you have any recourse depends on the exact wording of your warranty policy. I suggest you read it carefully and thoroughly and find the part that says pre-existing conditions are excluded.

If it's there then you knew or should have known that it was there when you bought the warranty.

Then have the car examined by an independent technician to determine that you are being given the straight story about when the problem previously existed.

If that's true and the exclusion exists then your money would be better spend on repairing the car instead of suing anybody.

So it doesn't matter if the problem occurred even before I owned the car? I thought that's why ppl buy extended warranty on used cars because if something is wrong and they didn't know about it they can get it fixed

 

[adjusterjack]

So it doesn't matter if the problem occurred even before I owned the car?

Unfortunately, yes, if that's how the warranty is written.

It's also unfortunate that modern cars have computers that record everything that ever happens to the car.