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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I HAVE VOLUNTARILY INSTALLED A (SMART START) BREATHALYZER IN

Customer Question

I HAVE VOLUNTARILY INSTALLED A (SMART START) BREATHALYZER IN MY VEHICLE THAT BY NO FAULT OF MY OWN THE DEVICE MALFUNCTIONED SATURDAY AUGUST 25TH 2015,LEAVING ME AND MY CAR STRANDED, WITHIN AN HOUR I EVENTUALLY CALLED THEIR 1-800 24 HOUR SERVICE LINE WHERE A REPRESENTATIVE WALKED ME THROUGH SEVERAL RESET OPTION TO NO AVAIL,ULTIMATELY CONCLUDING THAT I NEEDED A NEW BATTERY,I IN TURN (DESPARATE TO GET HOME AFTER 12 HOURS OF WORK) WALKED TO THE WALMART ACROSS THE STREET AND PURCHASED A $95 BATTERY,CALLED BACK WITHIN AN HOUR OR SO ONLY TO EXPLAIN THAT THE DEVICE WAS STILL NOT WORKING,AT THE SECOND REPRESENTATIVES REQUEST WE WAITED FOR 15-20 MINUTES AND STILL THE CAR WOULD NOT START ULTIMATELY I WAS ADVISED TO CATCH A CAB BY THE SECOND REPRESENTATIVE AS WELL AS TO KEEP ALL OF MY RECEIPTS FROM WALMART AND THE CAB,(BOTH WAYS 65 MILES EACH WAY) $140X2,$280 ON MONDAY I ARRIVED BACK AT MY PLACE OF EMPLOYMENT AND CALLED TO HAVE MY CAR TOWED TO ONE OF THEIR MANY SERVICE CENTERS AND WITH THE UNDERSTANDING THAT I WOULD BE REIMBURSTED MY MONIES I CALLED TO SCHEDULE THE SERVICE AND THE ONLY SEVICE CENTER THAT WAS AVAILABLE WAS IN MILLERSVILLE MD ($200) SO I REACHED OUT ON MONDAY TO THE CORPORATE OFFICE AND SPOKE WITH THE ASSISSTANT DIRECTOR AND HE WENT ON TO EXPLAIN THAT ALTHOUGH THE DEVICE WAS FAULTY THEIR POLICY ONLY COVERS UP TO $100 OF THE TOWING AND IVE READ MY LEASE AND IT CLEARLY STATES THAT TOWING IS COVERED ONLY IF THE DEVICE WAS AT FAULT AND NO DOLLAR AMOUNT IS SPECIFIED....I AM OUT OF $480 OF MY OWN MONEY AND HE IS SAYING THAT SMART START IS ONLY LIABLE FOR $100 MAX IN TOWING.....DO I HAVE A CASE AND IF SO WILL YOU GUYS HELP ME?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

If the clear terms of the contract do not include a dollar limit, you can sue in small claims court for the full amount due.

The company cannot arbitrarily limit their liability after the fact.

Unfortunately, this site is limited to providing "general legal information" only, so we cannot provide you with representation, however, small claims is designed to allow citizens the ability to sue without needing a lawyer. You can find information to assist you in the process here: http://www.courts.state.md.us/legalhelp/smallclaims.html. I do recommend hiring a process server to serve the summons and complaint (this is usually the biggest delay and biggest problem incurred by unrepresented litigants, call your local bar association for referrals, you can recover the cost of a process server as a 'litigation cost' following a successful judgment).

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