Warranty Query
Author
Discussion

ehasler

Original Poster:

8,579 posts

313 months

Friday 19th October 2007
quotequote all
Has anyone had any luck in persuading a warranty co (Auto Protect in this case) to pay up for work which they initially refuse to cover?

My situation is that the timing chain on my Tuscan's engine broke, which was caused by an timing chain idler gear bearing failing. This caused the gear to move, thus causing the chain to break, which in turn caused some bent valves, broken finger followers etc...

The warranty co has agreed to pay for the engine removal and refit, and also for the bearing, chain and cover to be replaced, as well as an oil and filter change.

They are however refusing to pay for the bent valves, finger followers, oil pump and main bearings which also need to be replaced, plus the 7-8 hours labour which is required to replace these parts.

Their logic is that this was a consequential result of the bearing failing, and should have been avoided if I'd stopped the engine at the first sign of the bearing failing.

I'm not happy about this, as there was no warning that anything was about to fail at all, and in fact the car was stationary at some traffic lights, with the engine idling when it died, with several other PHers around me, and at least one of them mentioned to me at the time that the engine sounded perfect right until it stopped dead.

I'm going to check the Ts and Cs of the paperwork tonight, but would appreciate it if anyone else has been in a similar situation and has any advice to give.

Bebs

3,033 posts

311 months

Friday 19th October 2007
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Buy Italian yes

ehasler

Original Poster:

8,579 posts

313 months

Friday 19th October 2007
quotequote all
Thanks Brian - really useful!! hehe

I meant any advice for how to deal with the warranty co, not what to do afterwards wink

Edited by ehasler on Friday 19th October 13:42

Bebs

3,033 posts

311 months

Friday 19th October 2007
quotequote all
Always glad to advice hehe

Seriously though, if their concern is that you've driven it after failure you must be able to support that with witnesses from the tour?

davido140

9,617 posts

256 months

Friday 19th October 2007
quotequote all
fight them tooth and nail.

Colleague of mine had a wheel bearing collapse on the porker, warranty refused as they said it was wear and tear, yet the bearing was new and had only done 4000 miles!!!

Kickup up a fuss and they paid in the end.

Get your garage to write a letter saying there would have been no warning.

Ribol

11,995 posts

288 months

Saturday 20th October 2007
quotequote all
ehasler said:
The warranty co has agreed to pay for the engine removal and refit, and also for the bearing, chain and cover to be replaced, as well as an oil and filter change.

They are however refusing to pay for the bent valves, finger followers, oil pump and main bearings which also need to be replaced, plus the 7-8 hours labour which is required to replace these parts.

Their logic is that this was a consequential result of the bearing failing, and should have been avoided if I'd stopped the engine at the first sign of the bearing failing.
My logic would be they would not pay up for anything they could not get out of in the first place. They have accepted the chain damage is down to them, anything else that goes bang at the same time is also down to them.
They are trying it on IMO - ask them to show you where in their T&C it says you need to be a qualified mechanic to become a policy holder.

mattybrown

331 posts

240 months

Saturday 20th October 2007
quotequote all
I was warned by my dealer about consequential damage and that it would not be covered, so told to shut the car down with the slightest problem.

Doesn't help you, sorry but I hope you get it sorted.

ehasler

Original Poster:

8,579 posts

313 months

Saturday 20th October 2007
quotequote all
mattybrown said:
I was warned by my dealer about consequential damage and that it would not be covered, so told to shut the car down with the slightest problem.

Doesn't help you, sorry but I hope you get it sorted.
In this case, the first I knew of the problem was when the engine stopped after the timing chain broke, so I can't see how they can claim some of the damage could have been prevented, as it all happened at the same time.

AlVal

1,891 posts

294 months

Saturday 20th October 2007
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my cerb's previous owner had a 12 month policy which he bought for about £200 from olympic warranties with a max £1000 claim (minus £25 admin fee) , I bought the cerb and the remaining 11 months transferred to me, immediately after having the warranty transferred over to me it was apparant the cerb needed a lot of work, so the garage has got the warranty company to authorise my claim for the max amount (£975), which i suppose was hard for them to argue with, when my total bill's near the £6000 mark (about £600 of that servicing (non-repair/replace) work)


So although im sure theres many stories of third party warranty companies crawling their way out of having to pay claims, I must say in this case, olympic warranties haven't caused much of a stir.

Having said that, the cheque isnt here yet, so i reserve the right to edit this if it doesnt arrive hahaha, (but i have the claims auth number)

ehasler

Original Poster:

8,579 posts

313 months

Monday 22nd October 2007
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Ribol said:
My logic would be they would not pay up for anything they could not get out of in the first place. They have accepted the chain damage is down to them, anything else that goes bang at the same time is also down to them.
They are trying it on IMO - ask them to show you where in their T&C it says you need to be a qualified mechanic to become a policy holder.
That's my view too, but does anyone have any experience with negotiating with warranty companies, or what steps to take if they don't budge?

It has been suggested that I could put a claim in to the small claims court for "my" portion of the bill if they refuse to move - not sure how successful this would be though.

.Adam.

1,876 posts

293 months

Wednesday 31st October 2007
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Only just seen this, but if you need a witness, I'm more than happy to help, seeing as I had been following you for a while and was sitting right behind you when it went.

coetzeeh

2,890 posts

266 months

Wednesday 31st October 2007
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Make every effort to answer all of their queries and objections from Auto Protect - as someone mentioned earlier, get an expert/dealer/indie to write a supporting letter. Also get statements from witnesses if you can from the fellow TVR people in your convoy.

If this fails go to small claims court. Provided your claim is for less than £5k, the worst that could happen to you is the cost of filing the case. The defendants will not be able to claim any costs from you even if your claim is unsuccessful.

Remember, these types of businesses employ experts to find reasons and excuses NOT to pay you - dont give up if you think you have a case. They don't like going to court.

disclaimer: ensure you double check the small claims court processes - these are well described on their site.


garstead

67 posts

230 months

Wednesday 31st October 2007
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Spoke to them today. The car wouldn't start recently so looked at by the garage turned out to be a faulty ignition module. As it wasn't a big job the garage did the repair (they wern't able to contact me - in hosp). Having just got home I paid the garage and rang auto protect. They refused to even discuss a cliam as they hadn't authorised the repair prior to it being done. Attitude was disgusting.
This is the second time I've had to deal with them. Whilst they did pay up last time they did everything they could to pay as little as possible (initially they refused to pay the garage hourly labour charge as it was more than they allowed)and it was a real battle.
Keep at them.

blade1000

122 posts

245 months

Wednesday 31st October 2007
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These people are unfreakinbelievable.... if you had stopped before failure they wouldn't have covered you because the part technically hadn't failed...it makes me so freakin angry as they did the same to me, these warranties are a waste of time. You can fight it and I wish you all the best but sorry i cant offer any decent advice as my channels were unsuccessful, but I hope you get everything covered as it shold rightly be.

Bodmin

596 posts

228 months

Friday 2nd November 2007
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Unfortunatley this is a reoccurring story with aftermarket warranties.

I have, over the years, had many dealings with these type of warranties in a professional capacity. Consequential loss is usually excluded & the warranty company will fight tooth & nail to reduce the claim amount, after all this is treated as an insurance claim.

You have made good progress in getting them to accept the bearing as mechanical failure & not wear & tear, I have seen many instances when bearings have not been covered.

Are the garage that have carried out the inspection an approved repairer for Auto Protect? If they are you may stand a better chance of negiotating if the garage will fight your corner. Most warranty companies with have regional managers that look after the account with the garage.

I have contacted the regional manager when the claims dept have refused a claim or need additional contributions. Basically your garage would need to raise a `case` with the regional manager, who will then look at the bigger picture i.e is he going to loose goodwill with the garage or is it likely to progress to legal action. As I say this approach will only work if your garage is one of their approved agents.

If your garage is not an approved agent all may not be lost. Usually when a claim goes over a certain limit, depending on your policy, the warranty company will send out an engineer to inspect the car. This is usually a local engineer who will inspect the damage, check the damage estimate for parts accuracy & discount & then report back to the claims department. You may need to consider commissioning your own engineers report to counter act this. You will find in the policy document there will be a section that covers claims disputes & proceedure. There will also be the contact details for the relevant governing body to appeal to i.e the insurance ombudsman, I have seen several warranty companies back down when the Ombudsman is mentioned.

With the claim that has been authorised have they agreed to cover the diagnosis time up to the point of claim, most warranties won`t & the customer gets a nasty suprise when going to collect their car. Also establish if `betterment` is going to be applied. When a major part is replaced the warranty company take the view that the car is in a better condition than it was i.e new parts so it may withhold some of the claim money!

Apologies for the length of this response.

Good luck






ehasler

Original Poster:

8,579 posts

313 months

Friday 2nd November 2007
quotequote all
Thanks everyone for the comments so far. I've spoken to my dealer again, and they are going to speak to the area manager of the warranty company.

I've also spoken to the warranty co, and they've told me that according to the engineer's report, the bearing had failed some time previously. This would apparently have resulted in a noise that I should have heard, which is why I think they are arguing that the resultant damage was preventable.

My argument is that there was no such noise audiable, or other signs that the timing chain was loose (e.g., loss of performance), and in fact right until the moment it stopped, the engine seemed to run perfectly. Fortunately, I was driving with several other people, and both the drivers who were directly in front of and behind me have offered to act as witnesses and confirm that this was the case.

I'm now going to get another independent inspection of the engine done, and will send that to the warranty company. If that fails, then I'm going to look at going down the small claims route, and also referring it to the Financial Ombudsman Service.

If anyone has any recommendations for a good independent engineer in the Essex area, then I'd be grateful if you could let me know.