Legal Question in Consumer Law in Virginia
Lifetime Vehicle Rust Proofing Warranties
I purchased a vehicle covered by a lifetime rustproofing warranty in 1984. The company responsible for the warranty authorized and paid independent repair shops to do repairs several times in the past. This year, they're refusing to honor the warranty, citing the total costs of past repairs and age of my vehicle. They also saying they won't cover rust damage to areas previously repaired by third party repair shops, even though they authorized the past repairs in advance.
The lifetime warranty contains no exclusions for age of the vehicle, nor does it contain any cap on total claims submitted. Lastly, it does not exclude claims for rust damage to previously repaired areas.
The lowest estimate from a body shop shows repairs will cost $1200, and the vehicle is worth about twice that amount. The vehicle (and warranty) were purchased in Guam. The company covering the warranty (3M) is based in Minnesota. What steps can I take to enforce this warranty?
2 Answers from Attorneys
Re: Lifetime Vehicle Rust Proofing Warranties
Correction: Last line should read Secretary of the Commonwealth (for out of state service of process) rather than Secretary of Commerce.
Re: Lifetime Vehicle Rust Proofing Warranties
The 3M company obviously does business all over the world including Virginia. Since the company therefore, would have, apparently, sufficient minimum contacts with the Commonwealth, I see no reason why you could not begin your case(only after their firm rejection of your claims, of course,)by filing your suit in small claims court which, if it doesn't settle, will then be removed to general district court by company lawyers.
Service of the papers would either be on one of the company's agents/attorneys authorized to receive such service here in the Commonwealth or through Virginia's Secretary of Commerce.
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