Extended warranty company does not want to cover a claim

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Jefh328

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Hello, I have a question for anyone that can help me.

I bought an used truck (f150) at a Nissan dealer in January this year and bought an extended car warranty along with it. This past month I was driving in the hwy and it felt like if the truck lost a little power, not much noticeable but still could tell the difference, the check engine went off, but it disappear. I got off the freeway. ( the exit is about 5 minutes from my house ) and only made 2 stops. On the first stop I noticed that the truck started shaking, but after I past 25-30 mph, the truck ran fine. On the next stop, i noticed the same thing. I got home, and didn't drive it for the rest of the day, all of this happened on a Sunday. On Monday morning I called the extended warranty company and they told me to take it to any shop I wanted.

So I took the truck to a pepboys near my house. They diagnosed the truck and cylinder #3 didn't have any compression, one valve was leaking oil. Pepboys called the extended warranty company and explained to them that the whole engine needed to be rebuilt, because if they only fix that one cylinder, the others will have less compression and the truck will still shake. They sent an inspector to see that it was true what pepboys was saying.
Three weeks passed and the extended warranty company asked me to take the truck out of pepboys and take it to a dealer. I had to pay $800 out my pocket to pepboys because they had already taken apart the engine. They told me that if the dealer told them the same thing and pepboys was right, they would reimburse me the $800.

I towed the truck to the dealer, they couldn't diagnose the truck, but gave them an estimate of how much it would cost. They sent another inspector to the dealer ( when they told me a week before that, that they only send one inspector for any claim). The inspector went and now said that truck overheated and they're not paying for it. I called the warranty company, and told them the truck didn't overheat, and i was 100% sure of that and they can't prove it because it didn't happen. I explained how it happened, and told them I noticed the problem once I got off the hwy in the first of the only stops I made to get hom.

Once I explained that, the voice of the guy I was talking to changed. In a sarcastic way he asked me, so you drove the truck after you noticed the problem. I told him, I couldn't just leave the truck in the middle of the street, and after the first stop when I noticed the problem, i only drove 3 minutes to my house and I couldn't damaged the truck more than it already was. He then said, no sir, that's continuous use, we are going to deny it.


I read the contract and these are the two paragraphs I read, that are relevant to the continuous use.


------------------------------


Your service Agreement does not apply to lossess caused by or resulting from:

A-
B- Any Breakdown caused by misuse, abuse, negligence, lack of normal maintenance.............................................................



***********************************************


If your vehicle incurs a Breakdown, you must take the following steps to file a claim.

1. Prevent Further Damage, take immediate action to prevent further damage. This agreement will not cover the damage caused by not securing a prompt repair of the failed component.










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Is there anything I can do about this? or should I just give up and not give any fight?
 
If it were me, I'd send a written notice demanding proof that the damage was caused by overheating. Even if you drove the truck for 3-5 minutes after it overheated, though, is a defense in court. But that assumes that there is evidence of overheating. Did you ask your original mechanic if he could see any proof of overheating? If not, then you may want to tell the claims person that you're going to go to court and sue for additional damages since the claim is not being denied based upon any actual damage - which is what the agreement states as a need to be shown in order to escape from liability.

"This agreement will not cover the damage caused by..."
 
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