John Cole Gayle, Jr., Esq.Protecting and fighting for consumer rightsWe only handle cases in the state of Virginia
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What should a consumer do when a warranty company rejects honoring the warranty because they claim the consumer did not maintain the vehicle, or that the consumer abused the vehicle?
When the warranty company rejects a claim based on the consumer’s improper maintenance, or because the consumer abused the vehicle, the consumer has the burden of proof to show that the vehicle’s problem is a result of a factory defect as opposed to the consumer's lack of maintenance. This will require the consumer to hire an expert mechanic to conduct an inspection of the vehicle, prepare a report, and be willing to testify if he/she discovers that the vehicle is defective, and that the consumer is not the cause of the vehicle’s mechanical problems.