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Originally Posted by skilly2000
(Post 4771986)
No need to be so rude. I understand fraud, and I have sympathy for the buyer.
Because someone says they were mislead, it doesn't mean that they were. There is a written contract to fall back on signed by what I assume is a fully capable adult. Ultimately, its NOT the company obligation in selling the policy that the recipient read the fine print that will detail exclusions. And, since these exclusions exist for the beneficiary of the insurance to review in contract form, I highly doubt an E&O claim could be made. Its assumed that the buyer has reviewed and accepts the exclusions in their signature. You can use 14 more ways to describe fraud. It is not fraud if the buyer didn't review the terms, yet still signed the contract. The good news is that this insurance is typically quite expensive and can be returned with a pro-rated refund. |
Originally Posted by skilly2000
(Post 4771986)
No need to be so rude. I understand fraud, and I have sympathy for the buyer.
Because someone says they were mislead, it doesn't mean that they were. There is a written contract to fall back on signed by what I assume is a fully capable adult. Ultimately, its NOT the company obligation in selling the policy that the recipient read the fine print that will detail exclusions. And, since these exclusions exist for the beneficiary of the insurance to review in contract form, I highly doubt an E&O claim could be made. Its assumed that the buyer has reviewed and accepts the exclusions in their signature. You can use 14 more ways to describe fraud. It is not fraud if the buyer didn't review the terms, yet still signed the contract. The good news is that this insurance is typically quite expensive and can be returned with a pro-rated refund. It's annoying when those who do not know provide legal advice and that advice is at best wrong, at worst harmful. I am licensed to practice law in two states and I've represented consumers for almost 40 years. It's most always he said/she said. I have absolutely no idea what was told to the OP or what the contract for insurance says. Best advice I can give is for the OP to contact a local bar association and get a fixed fee or free referral to a competent attorney. The problem is not with this broken wheel but with the next 9 he may incur. My own experience with the tire and wheel insurance was positive. Notwithstanding that I REPEATEDLY asked for the policy before purchase, it was not provided. I therefore reserved the right to reject. I received and read the policy after the delivery of the car and it was acceptable. Over a period of 5 years the insurance company paid for 6 tires and 4 wheels at no additional cost beyond the $1300 premium - I live in Potholesylvania. |
-I've had tire/wheel warranties in the past of which worked out well. I found out some of them have a finite amount of repairs that they will cover. In a previous warranty after 4 times of wifes scrapping the wheels they said my limit was up.
-After the first episode above I did ask the dealer for a refund of which they agreed to. After getting busy and forgetting about it, I realized they never refunded the prorated amount. That's why I went back this time and file a claim according to the rules that was implied with the first episode. Once again they had excuses to deny coverage. -In the first episode I did get into this with the general manager. He went by the fine print and stated if he had to cover every wheel or tire damage (such as a flat tire due to a side wall puncture (not covered)), he would lose money on the policies. I had told him that wasn't my problem. His sales guy did a great job of selling me a warranty implying that everything would be covered and now to have the dealership come back and say to read the fine print in the warranty was just a bad sales practice in such a high end product. Either he is very arrogant or just stupid. Most Porsche customers as in this forum are quite successful and savvy when it comes to cars. Not a good practice for long term relationships. After 5 cars in the last 8 years at that dealership I have moved on. -On a side note I am sure they will want me to repair the wheel when I turn it in when the lease is up. |
pcna
Call pcna tell them you are filing a small claims court case. I would proceed with filing the small claims case and forward a copy to PCNA along with links to the places you have named the dealer publicly. Google, yelp, rennlist twitter, etc.
PCNA will probably give you a $500 gift certificate which may cover a portiion of a used wheel from a dismantler. The small claims thing will probably cost $350 and may produce nothing but may enhance our chances of future recovery from the insurance policy. Unless you have a lawyer friend who will work for free that is a poor avenue. Unless your damages exceed 50k, is clearly demostratable or contingency based the lawyer route can quickly beome a loosing proposition. |
Wow. That is terrible business. So what you do, is you get a crow bar and wedge it between the tire and wheel and bend the wheel a bit more, so it does start losing air. Then they need to replace it, per the small print bull****. |
I was offered a similar wheel/tire insurance and it had the same exclusion regarding no replacement if the tire holds air so I declined it. Automobile extended warranty contacts also have loopholes although some people have had good experiences with them. Its strange the dealer will not patch a tire but they put you back on the road with a bent rim. |
Porsche doesn’t allow scratched wheels to be used let alone bent. I don’t understand this stealership workshop |
FWIW
I bought my first new to me BMW a few weeks ago. A 2007 328i E90. Upon getting it, I have been doing little things here and there to bring it up to my standard. The steering wheel vibrates a little at 75+ mph. I have one bent rim from previous owner. I am not sure alignment, control arms, bent rim etc caused the vibration. Luckily a friend has a similar car so I borrow 4 tires from his car and it drives sweet. I didn't know a very small bent like OP will affect at high speed. |
dealer name
Name the bad actor. I will never do business again with rosslyns in NY as they wrre dishonest. Its time these shady as#$ dealers were held to task.
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Welcome to the world of warranty, insurance and PCNA.
If you walked into any PCNA dealership with this rim (without warranty), they would refuse to replace the tire unless you changed the rim (at your expense). I witnessed this first hand while waiting for my car. Because it's an oversold and under delivered warranty issue, they'll do the minimum and send you on your merry way, consequences be damned. I was sold the same crap, but never actually used it. You can fight it by going to your regional PCNA rep, or simply move on with a painful lesson learnt. A dubious practice exacerbated by PCNA. Have you looked at getting the rim straighten by a high-end repair shop? |
Originally Posted by dux
(Post 4777023)
Welcome to the world of warranty, insurance and PCNA.
If you walked into any PCNA dealership with this rim (without warranty), they would refuse to replace the tire unless you changed the rim (at your expense). I witnessed this first hand while waiting for my car. Because it's an oversold and under delivered warranty issue, they'll do the minimum and send you on your merry way, consequences be damned. I was sold the same crap, but never actually used it. You can fight it by going to your regional PCNA rep, or simply move on with a painful lesson learnt. A dubious practice exacerbated by PCNA. Have you looked at getting the rim straighten by a high-end repair shop? |
Originally Posted by 2020
(Post 4777524)
Dear PCNA: I will no longer buy a Porsche unless it is a very very compelling vehicle. I don't mind paying a premium for a product I like however I do not like to be openingly deceived by dishonest practices.
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