Extended warrenty doesnt want to pay for claim

streetlgnd

New Member
Jurisdiction
Ontario
Hi All,

I bought a used 2013 BMW fully loaded with self parking. I got it with 62,000km and chose to purchase an extended warrenty from the dealership to cover me further. I got the top of the line warrenty package, the brochure i was shown and what i was told is that "All Navigation, Entertainment and Electronics are covered". I still have the brochure. You can also go on their website right now Warranty Plans – Guarantee VC and see that is says under "5 Star Hi Tech Package" that navigation and entertainment are covered.

Well my navigation controller failed and they are tried telling me that it isnt covered. I complained and complained finally they approved the fix. I sent the car to BMW to get fixed. They changed the controller and charged $1400, which I had to pay a $500 deductable. I got the car back with 0% improvement and they are saying something in the computer is broken and they need to change the computer also. Another $2000. Warrenty company doesnt want to pay for it now and saying its not covered again.

I have a tire pressure warning on my screen right now that i cant turn off because i need to click OK on the screen. I cant click OK on the screen because the controller doesnt work. With the tire warning on the screen I can only stay in comfort mode, which i am stuck with only half the power of my car. Also with the tire warning on the screen i have no navi, cant see radio channels, cant check my oil levels (bmw dont have a dipstick, you need to check from inside). I have been basically driving around a crippled car for the last month.


I have been in a constant battle with bmw because i think they replaced the wrong part. And been in a battle with the warrrenty company to try and get them to pay. They either arent paying because they think BMW replaced the wrong part or because they are saying what i want replaced isnt covered. I dont know, the manager of the warrenty place wont return my calls anymore.


My plan of action was:

1. Take the Car dealership to small claims for the $4000+ interest that was paid to them for the extended warrenty when i bought the car. (They could sue warrenty company after if they chose).

and 2. Take Warrenty company to smaill claims for the $500 deductable that I paid and my claim wasnt resolved.

I just wanted some input on that, but also..

To be honest, I only bought that car with all the features because everything was supposed to be covered. There is no way I would have bought it if there was no warrenty. Am I completely out of my mind for telling them I dont want the car anymore because nothing is covered? I have had the car for 8 months.
 
how come i can put jurisdiction to Ontario?

A good question that I have asked more than once, but it doesn't change what you were told, which is correct.

That said, I suspect the answer under Canadian/Ontario law is the same as it would be in any U.S. state: you probably have no recourse against the dealer since the dealer was not the entity that gave the warranty. As far as whether you're out of your mind, I doubt that's really what you meant to ask (and doubt you want opinions from anonymous strangers on the internet regarding your mental state), but you likely have no legal ability to rescind the sale simply because the warranty company may have breached the warranty.
 
That said, I suspect the answer under Canadian/Ontario law is the same as it would be in any U.S. state: you probably have no recourse against the dealer since the dealer was not the entity that gave the warranty.

But the car salesman sold me the warrenty. The Dealership got paid commission off that warrenty. And the cost warrenty was put on my bill of sale. And was financed with the car payment.
 
No. Stop lying and find a Canadian law forum for yourself.

Or get a consultation with an attorney.
Man what's your problem?? There is no need to be so anal. Do you hate Canadians or something??

There are no Canadian law forums.

What's the big friggin deal?? If you stopped being annoying I could have probably have gotten an answer already
 
Man what's your problem?? There is no need to be so anal. Do you hate Canadians or something??

There are no Canadian law forums.

What's the big friggin deal?? If you stopped being annoying I could have probably have gotten an answer already


None of our regular posters knows anything about Canadian federal or provincial laws.

The statutory laws of NY state have little to do laws in Canada, except an ancient tie to English common law.
 
This has nothing to do with the dealer.

Review all your documentation regarding the warranty and make note of everything that supports your claim that this should be covered.
Find language in the warranty that explains how to resolve disputes and follow it exactly. Phone calls will likely get you nowhere at this point.
An attorney can likely help you through this, especially if he or she feels strongly about your claim. In this case they know they other party has the means to pay.
 
But the car salesman sold me the warrenty. The Dealership got paid commission off that warrenty. And the cost warrenty was put on my bill of sale. And was financed with the car payment.

I was aware of those things. They don't change the answer I gave you previously. Obviously, I haven't read the warranty, and Canadian law might be completely different.
 
Man what's your problem??

I don't have a problem, MAN, but yours is apparently the inability to understand what you're told, i.e. that this forum does not deal with Canadian law.

Do you hate Canadians or something??

Only stupid Canadians. But then again, I just hate stupid people in general.

There are no Canadian law forums.

Oh well, I guess that means you need a consultation with a CANADIAN attorney.
 
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