Cal Club Autocross Forums

Does anyone have any precedence or lega; advice of how to force an extended warranty company to pay for broken parts incurred while driving in HPDE or Solo Events.

Or a legal definition of "racing" that will get them to pay for repairs or damages while participating in solo events?

Thanks in advance for any advice you can offer.

Don't tell them it broke racing?

The "legal" definition of any term is what a specific judge and/or jury decides in each case. There is no defining dictionary for civil cases. The only way to force a definition on a company that doesn't agree is to use the civil courts.

Thomas Barrett wrote:Does anyone have any precedence or lega; advice of how to force an extended warranty company to pay for broken parts incurred while driving in HPDE or Solo Events.

Or a legal definition of "racing" that will get them to pay for repairs or damages while participating in solo events?

Thanks in advance for any advice you can offer.

Most dealers, insurance companies, ext warr companies have covered their butt in the fine print of the contract/warranty. It doesn't come down to a "legal definition".

Most you can do is

A) Try to slip it by (remove all evidence of racy stuff)

or

B) Get it fixed & sue in small claims court to enforce the contract (collect damages equal to what you spent to fix it).

You might get lucky with a judge.

Thomas Barrett wrote:Does anyone have any precedence or lega; advice of how to force an extended warranty company to pay for broken parts incurred while driving in HPDE or Solo Events.

Or a legal definition of "racing" that will get them to pay for repairs or damages while participating in solo events?

Thanks in advance for any advice you can offer.

As soon as an event is timed most OE/warranty/insurance companies are off the hook and it is your problem.

fyi, most insurance carriers have gotten a clue and are starting to exclude HPDE/track days even if they are not timed - check your policy.

i don't know if extended warranty is covered by the Magnuson-Moss Warranty Act, but I would think a judge would not make a distinction in method of coverage between a dealership warranty vs. a 3rd party warranty, unless it was expressly exempt in the contract for the extended warranty.

if the Magnuson-Moss Warranty Act applies though, you can simply make them prove that the part broke under one of the terms not covered by the warranty, which becomes a harder task (for the insurance company)

Jason Isley BS RX8 wrote:As soon as an event is timed most OE/warranty/insurance companies are off the hook and it is your problem.

fyi, most insurance carriers have gotten a clue and are starting to exclude HPDE/track days even if they are not timed - check your policy.

the proof's in the pudding.. or.. i guess in this case. the pudding's in the proof?

as long as you didn't file your claim, and have the insurance adjuster come out to check out your car during an event, or them having a picture of your car with plate running at an event, they would have to provide some form of proof that you were "racing".

a "spirited drive" through the mountain is not prohibited by the warranty.

Is the Budweiser Balcony considered a mountain drive?

Definition of racing - It's the sprint to the outhouse at the end of a long work group.