Tire and wheel warranty Fraud
 

This was my original post one year ago, "The clearly bent rim was rejected by my dealer/insurance agent. The fine print read that,"as long as the rim holds air" no damage will be covered. The dealer would not budge even though I told him the finance guy made a good sales pitch that these wheels and tires are expensive to fix and the warranty would cover most damage. I then asked the dealer to put in writing that the tire and wheel are to manufacturer's specs and are deemed safe. He did not, I cancelled an upcoming car on order and moved on."

This week I must have hit a pothole and the tire went flat. I took it back to the dealership and they replaced the tire. I asked why the rim was not changed. Everyone at the dealership acknowledged that it was bent. They looked at me like I didn't get it. They stated as long as a tire holds air they will not replace the wheel. Now it meant a new tire not the original tire they alluded to last year. I have no words for this dishonesty.


https://www.6speedonline.com/forums/...1&d=1523618933

That is total bull*hit! I also purchased this insurance but I have not had any claims against it. Sorry for your issue!

I would cancel the coverage and take them to Small Claims court for any money not refunded. I hate dishonest dealerships.

2nd instance. Here is the kicker- I bet you they will want me to replace the wheel when I return it once my lease is up.

Have you reached out to PCNA and filed a complaint? I would be insane over this. I would definitely take them to court and never buy another car from them. Also you can go public on Social Media, dealers hate the bad vibe.

I had a similar situation and all they did was point to the fine print that says is the wheel holds air it will not be replaced...

this is fraud in the inducement. I suggest that you sue the dealer under your states's unfair trade practice and consumer protection law.
it sounds like you did not see the policy before you purchased it and that the dealer misrepresented the coverage.

Unfortunately I don't think that will fly. If you read the warranty it say that a wheel will only be replaced if it doesn't hold air.

So fraud no, sneaky yes...

Fraud yes if the dealer promised certain terms and or limitations that were not in the policy the dealer delivered.

you would unfortunately have to prove that there was what is called a "side deal" - it would have to be written. Otherwise the contract you signed is the one that will hold up.

Like the other posters have said, you can try taking them to small claims - my take is that they will win unless you have something to show fraud. Your best course is to contact Porsche NA and file a complaint, and to cancel your wheel warranty (they are almost ALWAYS like lighting hundred dollar bills on fire).

Sorry that youre going through this.

Where did you attend law school?
Fraud in the inducement is the act, use or employment by any person of any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression, or omission of any material fact with intent that others rely upon such concealment, suppression, or omission, inconnection with the sale or advertisement of any merchandise or real estate, or with the subsequent performance of such person as aforesaid whether or not any person in fact has been mislead, deceived or damaged thereby, is declared to be an unlawful practice.

If the sales person represented that insurance would cover a bent wheel to sell you the policy and the policy does not cover it, it's fraud. The issue of a written representation goes to the proof. A verbal representation is just fine.

I am not a lawyer but it seems this will be a case of "he said, he said" and the dealer would win in court. My advice is what others recommended - post as many negative reviews as possible such as on Google, and post the dealer's name here as well and Rennlist so at the very least someone will know what the deal is when they offer the tire and wheel policy.

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.

I think you can only refund the balance of the contract if you have not claimed on it, as the OP claimed a tire, this will not be possible...

Because someone said they were mislead doesn't mean they weren't.
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.

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.

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?

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.

An attempt at humor I presume?