Friday, 10. May 2019
My new training video series will cover this subject but in the meantime, I thought I should highlight a not so uncommon problem. Let’s face it when we lease or buy a vehicle we take it on to either solve a problem or massage our egos or both.
The problem could simply be to get the kids to school and get you to work as effortless as possible or to cart around goods or equipment to deliver to customers or to use in your trade as a plumber, carpenter etc. On the other hand, you may opt for a car that has the wow factor and gets you from a standing start to 60 mph faster than a fighter jet.
Whatever the reason you shouldn’t need to have a law degree, be a qualified accountant or be a qualified car mechanic in order to enjoy effortless use of your vehicle throughout the time you possess it. Especially if you lease the vehicle and the vehicle is covered by a manufacturer’s warranty throughout the lease period.
Which brings me to a problem faced by an old client of mine. One of his vehicles was a van that suddenly developed a leak from the windscreen turning the passenger well into – a well – literally, any time it rained.
It seemed fairly obvious that as there was no damage to the glass that there must have either been a manufacturing fault or an assembly fault so the driver took the van into the main dealer for them to sort out as part of the warranty.
The dealer, after consulting with the manufacturer, decided that it wasn’t covered by the warranty. At this stage, the client contacted the leasing company. After all, they own the van at all times, the client simply rents it. Knowing that the customer needed the van as part of his business they instructed the dealer to carry out the repair which was done and the van returned to the customer.
One would think that this was a happy ending and it was until the customer received an invoice from the leasing company for the cost of the repair. Clearly, he shouldn’t have had to pay for the replacement screen and re-fitting. Whilst I’m not wanting to point the finger of blame I simply want to bring this situation to the attention of all of those leasing a car or van because it raises some very fundamental questions.
First of all, in my opinion, this should have been a very simple warranty claim and the manufacturer should have simply paid for the repairs. However, once the repair was refused and hindsight is a great thing, the client’s insurer should have been called in.
Insurers will only pay out on a claim if the windscreen was damaged. As experts in their field had they said that the leak was a result of manufacture or assembly faults the manufacturer would have been hard pushed to continue to refuse the claim. On the other hand, they could have agreed that the leak was attributed to accidental damage and the screen replaced with the customer having to pay a small excess fee.
Now, as I mentioned at the beginning of this piece, my clients are not engineers or car mechanics so I wouldn’t expect them to think about contacting the windscreen company but I would expect the dealer to suggest this route unless they were simply looking to replace the screen and make money out of the customer, supported by the dealer. Why did they not do this?
Moving on to the owners of the vehicle, the leasing company. They have their own engineering department who deal with service and maintenance issues. As they own the car I would also suggest that they should take up any warranty claims on behalf of the customer.
After all, if you rent a car from Avis you would expect them to take care of the problem if you suddenly heard a knock from the engine. Down to them to sort out any warranty claims as they own the car and the warranty.
But even if they didn’t accept that they should take responsibility for the warranty claim they did take up the case with the dealer. At that stage, an engineer to engineer discussion should have taken place and if the leasing company agreed with the dealer and manufacturer that this was accidental they should have explained this to their client and recommended that the customer make a claim on his insurance, after all, they are the experts, not my (and their) client.
Finally, without reference to their customer, the repairs were authorised by the leasing company. However, they didn’t have the permission of the customer to spend his money. It is unlawful to spend someone elses money without authorisation, which wasn’t given in this case so the customer has every right to refuse to pay. The argument continues but I’ll let you into a little known secret.
This all took place in the third year of the warranty. Did you know that in most cases the manufacturer only provides the first two years of the ‘manufacturer’s’ warranty? The 3rd year is ‘paid for’ by the supplying dealer. And whilst the way this is done is shrouded in secrecy I have heard that one large dealership group self-funds.
In other words, if you make a warranty claim in the 3rd year and repairs are carried out the supplying dealer will pay for them. It works out cheaper than paying for the warranty cover on every car.
So there is an incentive to decline a warranty claim. Now I’m not saying that this is the case in this instance but it throws a big question mark over the way that warranty claims are handled.
I’ll be keeping an eye on things with regard to my client and report back the final outcome. By Graham Hill
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