Legal Question in Insurance Law in Oregon

Enforcement of a Service Agreement on a car.

A service agreement was purchased on a used Infiniti. The transmission went out and now the Infiniti dealer chooses to interpret information on the service in favor of their position as opposed to what it actually represents. The Infiniti Service Dept. is not accepting Jiffy Lubes explanation on service to said car. Jiffy Lube maintains transmission fluid was changed; service dept. of Infiniti disagrees.


Asked on 8/01/00, 6:42 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: Enforcement of a Service Agreement on a car.

Your Infiniti policy ought to pay, and if there is some proof that Jiffy Lube failed to change the fluid, they should subrogate against them to get their money back. You should suggest that to them. Also, look at your service agreement, and see if there is some way they can claim you've breached it. You should put a demand, in writing, that they live up to the contract, and that if they don't, that you may be entitled to attorney fees if you are forced to file suit. Please note that this case might come under some Oregon laws that have only a ONE-YEAR statute of limitations, so I would recommend you contact a lawyer immediately. Look for someone who handles consumer law cases. I know there are a number of them in the Portland yellow pages. Good luck.

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Answered on 9/12/00, 8:15 pm


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