Legal Question in Consumer Law in Virginia

On Jan 30 2011, my 2006 buick lucerne caught afire sitting in my driveway. Per fireman the cause came from the battery. The post next to it was uncapped and over time had put a hole in the underside of the hood--metal againt metal. I do not know if a cap was ever on the post--I bought the car brand new. Or if over the years, the dealers service department removed it. The battery it the same one that came with the car when I purchased it. The car was fully loaded and I paid car for it (retirement money). I made a claim with general motors (Buick Hqtrs). I was told the claim was denied because of the breach of warranty timeframe for Virginia (4 years) had passed. I purchased the car August 23 2006. I was asked for compensation to replace (used) my car with same options I had in my originial car. Is breach of warranty in this case valid? Thank you. Carolyn Cuffee

Asked on 2/16/11, 7:20 am

Michael Hendrickson Law Office Michael E. Hendrickson

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No, a breach of warranty claim would not lie under these circumstances

if the fire and resulting damage to the vehicle occurred after the period of warranty coverage by the manufacturer had expired.

However, if you believe that the service department of the dealer from whom you

purchased the vehicle may have negligently failed to cap this battery post

after servicing the vehicle, why not take the matter up with them?

Answered on 3/25/11, 7:46 am

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