Warranty Denied?
The enclosed materials are intended to help you should you have a vehicle warranty claim
denied in circumstances in which an aftermarket product has been used. The information
describes the law on vehicle warranties and will provide a sense of what is and is not
an improper warranty denial. After reviewing this information, you will be aware of
the steps to take to fight unlawful warranty denials.
In many cases it will not be necessary to take all the steps outlined here
because disputes are often resolved at an early stage.
What Does the Warranty Actually Say?
Start by re-reading the warranty documents. Become familiar with what the
documents actually say, not what you think they should say. If the language
is confusing, get help in understanding what it really means. Look for specific
items or circumstances that may or may not be covered. Determine if there
is a process specified for resolving disputes.
The Law
Federal law sets forth requirements for warranties and contains a number
of provisions to prevent vehicle manufacturers, dealers and others from
unjustly denying warranty coverage. With regard to aftermarket parts, the
spirit of the law is that warranty coverage cannot be denied simply because
such parts are present on the vehicle, or have been used (see Attachment
A). The warranty coverage can be denied only if the aftermarket part caused
the malfunction or damage for which warranty coverage is sought. Disputes
in this area usually boil down to arguments over facts and technical opinions,
rather than arguments over interpretations of the law.
Copyright 2004. Specialty Equipment Market Association
(SEMA).
