What can I do and do I have a case?
I took out a extended warranty on my SUV because better safe then sorry. a week ago the SUV was acting up so I took it to the dealership and had it inspected. They told me it was the transmission. The warranty company sent out one of their inspectors. The warranty company wanted the transmission opened up to find the cause of failure. Dealership told them that is impossible because you can not open that kind of transmission. The warranty company had the SUV sent to a transmission shop and they told the warranty company the same thing. They refused to fix it until it was opened up but the thing is no shop had the tools to open the transmission. In the end I had to sell the SUV to a junk yard because I had know where to put it.
2 attorney answers
Sounds like fraud to me. Unfortunately, since the vehicle is gone, you do not have a legitimate legal case (in my opinion). Many third-party extended warranty companies use contractual language and disclaimers to avoid honoring claims. Assuming you have two certified mechanics who would have testified the transmission could not be open, my feeling is the warranty company acted unreasonably. (Of course I would have needed to review the warranty contract, purchase documents, etc. to know for certain). But since sold the SUV, you really don't have the necessary evidence to demonstrate the defective nature of the vehicle in court. As always, you should seek a second legal opinion, but in my view, this would not hold up in court.
My answer to whether you have a case: maybe.
I agree with the above answer that you have an evidence problem with proving your damages. Since you no longer have access to the SUV, it will be difficult for you to show that the transmission could not be opened. You could try to present witness testimony from the two shops, but that might be an uphill climb.
However, depending on the language of the contract with the warranty company you may have an action to bring under the Michigan Consumer Protection Act (MCPA), or a fraud or breach of warranty claim. At the very least, you can file a complaint against the warranty company to the Michigan Attorney General.