Driver Z Edge — Unreasonable Claim Denial
Vehicle in question: 2004 Jaguar X-Type 3.0
Purchase date: 5/9/2009
Mileage at purchase: 65, 446 miles.
Oil change date 10/3/2009
Oil Change mileage 68, 768 miles.
Oil time elapsed 5/26.
Oil miles elapsed 3, 322 miles
---------------------CONTACTS / Involved parties---------------------------
Warranty Company: Driver Z Edge
Car purchased from: Frankman Motor Company
Car repairs are being done by: Merkur Landrover Jaguar in Omaha Nebraska
Point of Contact is Jeff J. [protected]
Transfer case went out on 1/27/2010 around 5:20 p.m. while driving with the steering wheel turned sharp left and doing less than 5 mph. on a snow covered, paved street.
1/29 Had AAA tow the vehicle to the nearest Jaguar dealership (106 miles away).
1/30 Went to Jaguar dealership to get documentation out of glovebox for warranty, etc. Had the dealer make copies of the warranty, and the maintenance receipt (only 1 oil change done as I had only owned the vehicle for < 6, 000 miles).
2/1 Jeff J. from Merkur Dealership in Omaha called me to tell me that the transfer case was definitely the problem with the car.
2/2 Jeff J. called me to tell me that the warranty company had denied my claim due to the timing of the first oil change. He stated that their reasoning was ridiculous; however they refused to budge on their position. He also told me that the Jaguar recommended maintenance schedule is 12 months or 10, 000 miles. They still insisted that I had violated the warranty due to the maintenance timing.
I spoke to Driver Z Edge on 2/2. Talked to Jose, who denied my claim because “the maintenance was not done at the proper interval”. They claim the oil change was supposed to be at 4 months not 5 months. I reiterated what the Jaguar dealer had told me and that this was a poor excuse for them to use to try and back out of their contract. I was told that the “oil does break down over time, that is why we require the oil to be changed every 4 months”. I did not ask why THEIR oil breaks down in 4 months / 4, 000 miles however JAGUAR oil (must be more resilient) lasts 12 months or 10, 000 miles. I did state to Jose that the part in question is a transfer case, which is a SEALED UNIT has NO MAINTENANCE THAT IS EVEN POSSIBLE! He again stated that the claim was denied because it was possible that the part failed due to “improper maintenance”.
Called Frankman Motors on 2/2. Talked to Adam B. he said he would have the warranty rep call me. No call back on 2/2.
Called Driver Z Edge on 2/3. Waited on hold for over 16 minutes. Hung up and called again. Again waited on hold for over 5 minutes. Finally talked to Brandon. Told him warranty clearly states vehicle must be maintained at manufacturer’s recommended interval, OR 4 months / 4, 000 miles whichever comes first. He rebutted my claim stating that the contract stated that it was the lesser of the 3 options stated above, however I argued that it was not worded that way on their contract. It is worded in the contract as to say you could either maintain per manufacturer’s suggested intervals or the lesser of 4 month / 4, 000 miles. He completely denied my statement and offered me no recourse whatsoever. I asked Brandon for his supervisor because my conversation with him was at a stand-still. He transferred me to Jose’s voicemail, which I hung up on rather than leaving a message.
2/3, I Called Frankman Motors again. They stated they were working on it and would call me back. No call back on 2/3. No call back on 2/4.
2/5 Talked to Jaguar. They are ok with putting remanufactured transfer case in. Labor will be approx $1020. The remanufactured part costs $750.00 ($791.25 after taxes). The part is on order, and expected delivery will be around Wednesday, 2/10/2010.
I called Frankman Motors on 2/5 10:10 a.m. Paul was “on the other line. We will have him call you back as soon as possible.” He called back 30 minutes later. Asking why I wanted to cancel the warranty. I explained the situation to Paul. . He stated I had to sign a form to cancel warranty. I told him I would call him back from my work with a Fax number. Signed form and sent back. Paul called back 10 minutes later stating that because there is a lien against the vehicle that the refund from the warranty will have to go to the lien holder. He promised to call me back on 2/6 after he had a chance to talk to Adam.
2/6 Talked with Paul from Frankman Motors. He stated that Adam had been referring to a Paul who worked for another company. He stated that they (the Paul from the other company and Adam) were still working my issue with Driver Z Edge. I agreed to have him hold the paperwork for canceling the warranty until Wednesday 2/10, in order to allow them to have sufficient time to exhaust all effort in negotiation the issue with the warranty company.
2/7 ~5:30 p.m. Got a call from Ron who works for “Motor Pro”. He is 3rd party liason for Frankman Motors when they have problems with Driver Z Edge.
2/8 faxed all documents regarding the vehicle and warranty to Rod. He has stated he would call me on 2/8.
No call back on 2/8. I called Rod back on 2/9 asking what he had found. He said that he was also unable to get the warranty company to waiver on their position. However he did ask them about the warranty going forward. They told him they would be willing to send me a letter stating that they would cover the vehicle going forward as long as I get the maintenance done as they require going forward. I told him that I had no need for them. They already weren’t standing behind the vehicle and I would be damned if I would trust them to stand behind it going forward.
On 2/9 I called Frankman Motors again and spoke to Adam Branbsma and told him to process the cancellation papers.