Jacksonville, FL asked in Consumer Law, Lemon Law, Contracts and Business Law for Florida

Q: Can an warranty company refuse to pay repairs although repairs are covered under warranty?

Bought a box truck from Ryder. They don't want to cover repairs for the truck because of "contaminated fuel". Although they covered repairs multiple times before and no where in the contract does it state no coverage for contaminated fuel.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The issue is whether the warranty is voided due to your wrongdoing (either intentional or negligent), if any, that caused the damage/issue triggering the need the repair. One issue is the contract language itself, and another issue is the fact issue of whether you actually committed the act or omission that the seller is accusing you of. The contract language does not necessarily have to specify "contaminated fuel" as a reason to void the warranty; there can be broader language regarding the fault of the buyer. Schedule a consultation with an attorney in your area who handles consumer protection matters or, alternatively, contact the Fla. Dept. of Agriculture and Consumer Services or your local county consumer protection office, if any, to see if they would take a look at the issue.

Barbara Billiot Stage agrees with this answer

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