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Denying Warranty Coverage: Small Claims Court

6K views 8 replies 5 participants last post by  Blue-Silver  
#1 ·
I read the "Engine Done!" thread so I have the following question. Just curious, has anyone taken Hyundai or a dealer to Small Claims Court for trying to weasel out of Warranty Claims? I know if it was me, and they tried to deny coverage even though I had all the required service and kept meticulous records, I would drag Hyundai's and/or the dealer's sorry arses into Small Claims Court :) In Connecticut one can sue in Small Claims Court for $5,000.
 
#3 ·
The Power of the Search Engine. ROFL

"Until Friday evening, owners of Hyundais who had not studied a supplement to their owner’s handbooks might have been surprised if their cars developed problems that resulted in disputes over warranty coverage. The jolt would come in the form of a policy that required some warranty disputes to be settled through binding arbitration — unless owners notified Hyundai, within 90 days of purchasing the vehicle, of their decision to opt out of the arrangement.

But soon after an article about the arbitration requirement appeared in The Times’s Automobiles section, Hyundai issued a statement saying it would change its policy. Hyundai said it was dropping the arbitration clause “because we don’t want people to be misled and think we don’t stand behind America’s best warranty.” The statement, from Jim Trainor, senior group manager for product public relations, also said, “We’ve only used arbitration about 10 times since 2006, to protect the company from unscrupulous mills.........”

http://www.nytimes.com/2013/12/08/automobiles/warranty-clause-limits-hyundai-owner-rights.html?_r=0
 
#4 ·
Interesting. However, it looks like this only applies to people who bought fairly recently.

Folks like myself with older cars still under warranty would still be subject to arbitration. Also, I read the Red Sled's manual cover to cover and I never saw anything about an opt-out to this. Because I definitely would have done it!

Not that I wouldn't be above going to SCC if they denied a warranty claim. I live in a pretty blue state so I would bet my chances of winning would be pretty good.
 
#5 ·
I would think filing a Small Claims case would cause dealer or Hyundai to settle. They don't want bad publicity and legal fees. In Connecticut it costs $90 to file. I am pretty mellow by nature but if someone steps on me or my family then watch out! Blue-Silver will them become red hot. They might need to do a paint job as a result. ROFL.
 
#7 ·
Arbitration can be a good thing as well. Remember, Hyundai goes through thousands of these arbitration cases every year and their goal is to settle in arbitration before going to court. The last thing they want is paying to send their lawyers to SCC. If you are arguing with Hyundai and can't get anywhere; arbitration will usually yield more success.
 
#9 ·
Yes, curiousity. There have been some threads recently that mentioned denial of warranty service and posters didn't seem to fight it. There was one poster who admitted it was his fault since he didn't change the oil but he also indicated the low oil light indicator had failed. If I had changed my oil and filter per maintenance schedule and the oil leaked out because the indicator failed you could be **** sure I would fight it if the dealer or hyundai denies warranty coverage.