Consumer Protection Law

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If my vehicle is covered under a warranty and the covering…

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If my vehicle is...

If my vehicle is covered under a warranty and the covering company has the coverage on the website they hold and the engine error code reads that the issue with the vehicle is the item covered under the vehicle but the covering company is claiming that is not in the coverage but the evidence is apparent can they be sued for fraud and lying on sales of merchandise and false advertisement?

Lawyer's Assistant: The Fraud Examiner will know what to do. Is there anything else important you think the Fraud Examiner should know?

The engine code reads a p0300 which even when looing up the code anywhere it states that the issue is an engine misfire caused by the Engine Control Module or ECM and the coverage for SilverRock states on the silver Rock website sr-repair that ECM is covered under 5 year 50k mile engine transmission warranty.

Submitted: 10 months ago.Category: Consumer Protection Law
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Answered in 23 minutes by:
10/2/2017
Consumer Protection Lawyer: Infolawyer, Lawyer replied 10 months ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7,142
Experience: Licensed attorney helping individuals and businesses.
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On review of your facts, you have a good case. Basis is misrepresentation and fraud. You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way. If you sue in court you may end up with a judgment. The judgment generally allows you to levy on bank accounts, lien real estate and work with the sheriff office civil enforcement division. Many lawsuits result in settlement - which expect the judge to encourage. You stand to recover not only your actual losses (compensatory damages) but also interest, costs and legal fees. on occasion special damages (punitive damages) are also available. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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