Who has the burdon of proof on a car warranty claim?

I had a repair done to my Jeep at the dealership. I strongly assumed it would be performed under warranty, but they charged me for it, and said that warranty wouldn't cover it, "because it appears to have been bumped" (what happened is my fog light came out of place and they had to readjust and set it in place). I honestly do not know how it happened, I just noticed it one day. I am thinking of suing them in small claims court, based on the rudeness they treated me with, and the moral victory of having my warranty upheld. My question lies in who has the burdon of proof in a car warranty. If I have to PROVE it was a manufactur default, they will probably win, but if they have to PROVE that it was done by my actions, I will probably win. Does anyone know who holds the burdon of proof when dealing with vehiclular warranties?

5 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    Boy that was a crappy dealership. You should trash them with everyone you know, including online.

    They could've done the work under warrenty, they just make more $$ by charging you. They can charge you more than they can charge the car company.

    • Commenter avatarLogin to reply the answers
  • Anonymous
    1 decade ago

    In general, a contract is interpreted AGAINST the party that wrote it, which in this case is the dealer. That would imply that they have the burden of proof.

    Depending on the amount of money, you could sue them and make them prove it, but it's going to be a suit for specific performance of the contract (the warranty), so you'd better make sure to have a claim that is substantiated by some part(s) of the warranty, itself. It's likely that they are just taking advantage of you, based on their experience of doing it to other people and getting away with it, so a suit might just get them to cover the repair to avoid the hassle.

    Remember that people treat you the way you let them treat you, right?

    Source(s): (I'n not a lawyer, though.)
    • Commenter avatarLogin to reply the answers
  • Anonymous
    1 decade ago

    The Plaintiff always has the initial burden of proof. So if you file suit, the burden is yours. Did you ask them what evidence they have that it was dislodged by impact? Did they put it in writing? Does the light pod have dents & scratches? Was the mount broken or bent?

    Edit: Actually dealers prefer to do the work under warranty: They bill the manufacturer & make their customer happy. I used to represent a major US manufacturer with retail dealers & the biggest problem we had was dealers doing unnecessary warranty work or repair work that they turned in as warranty claims.

    • Commenter avatarLogin to reply the answers
  • 1 decade ago

    Did you ASK if it would be covered under warranty?? If you just ASSUMED it would, then we would have to ASSUME you didn't ask.

    Dealerships have to make a judgement call when it comes to warranty work. If you didn't ask if it was covered, your screwed.

    • Commenter avatarLogin to reply the answers
  • How do you think about the answers? You can sign in to vote the answer.
  • Anonymous
    1 decade ago

    Read the warranty thoroughly. Practically all of them require that such disputes be aribitrated.

    • Commenter avatarLogin to reply the answers
Still have questions? Get your answers by asking now.