Warranty Denied? from http://www.enjoythedrive.com/content/?id=7253



The enclosed materials are intended to help you in the event you have a vehicle warranty claim denied in circumstances where an aftermarket producthas been used. The information describes the law on vehicle warranties and will give you 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 these 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

ederal law sets forth requirements for warranties and contains a number of provisions to prevent vehicle manufacturers, dealers and others fromunjustly denying warranty coverage. With regard to aftermarket parts, the gist of the law is that warranty coverage cannot be denied simply becausesuch parts are present on the vehicle, or have been used (See Attachment A for details).The warranty coverage can be denied only if the aftermarketpart caused the malfunction or damage for which warranty coverage is sought. Disputes in this area usually boil down to arguments over facts andtechnical opinions, rather than arguments over interpretations of the law.

Check Vehicle History

Sometimes a malfunction in a new vehicle may be identified as a "pattern failure" -- a failure that is recognized as common to your make and model ofvehicle. It may be a manufacturing defect which has become the subject of a government-mandated recall. You should check with another dealer, thevehicle manufacturer or an independent service provider--such as those listed below--to see if there are any Technical Service Bulletins (TSBs), ìfieldfixes or other service-related information for your vehicle which would indicate that the problem you are experiencing is a common one. In cases ofgovernment-mandated recalls, the dealer is obliged to notify you as a vehicle owner. However, you may check for yourself by calling the vehiclemanufacturers 800 number, the EPA (for emissions systems issues) or the National Highway Traffic Safety Administration (NHTSA, for safety-relatedissues).

EPA: 202/233-9040
NHTSA: 800/424-9393
Chiltons: 610/964-4600
AllData: 916/684-5200
Motor Publications: 800/426-6897
American Automobile Manufacturers Association: 313/872-4311
Japanese Automobile Manufacturers Association: 202/296-8537
Determine the True Cause of the Problem

If possible, attempt to independently verify the accuracy of the claims made by the dealership. The manufacturer of the aftermarket part may be helpfulto you in providing a technical assessment of the problem. If there is a reasonable possibility that the aftermarket product caused the problem, it may bebest to try to reach a compromise. If, however, it is clear that the aftermarket product is unrelated to the problem, you should attempt to gather asmuch information as possible to support your claim. Useful evidence might include photos, copies of relevant service information, records of priorrepairs performed under warranty or the objective written opinion of a qualified third party (with relevant experience, accreditation, etc.).

Try to Work it Out With the Dealer

Once prepared with the appropriate support information and a basic understanding of the law, present the facts to the dealers service manager andmake an effort to resolve the situation. Keep the discussion objective and professional. Make sure to take notes of any significan