dealer's warranty not effective

[nagima]

What is the name of your state? Pennsylvania

My story: three weeks after I bought a used car, it broke down. The car dealer had issued me a warranty, on which his company appeared as a dealer for an insurance company. We contacted the insurance company, but it turned out that the dealer had paid the insurance company only two days after the accident, and they have now returned the cheque. The dealer refuses to pay us anything. The repair will cost about 1400 dollars, and I have had to rent a car. What are my chances of winning in a small claims court? And what are my chances of collecting the money if I win? Do I need a lawyer to defend my case?

 

[JETX]

Your post is not clear.

Who was the warrantor??
Exactly what repairs are needed?
Are those repairs covered by the warranty?
Are there requirements for the warranty to be applicable (them service, their review, etc.)?
How did this "insurance company" get involved??

Far too many questions to be answered here.

 

[nagima]

Sorry, English is not my native language, so my expressions get ambigous.
The warrantor is called C.A.R.S. and issues power train value limited warranty.
The motor has to be exchanged. In the list of covered components, the following are mentioned on the warranty: "Engine: All internally lubricated parts".
No, their are no such requirements for the warranty to be applicable.
By "insurance company" I ment C.A.R.S., the company that issued the warranty. The car dealer buys the warranty from this company in order to cover his customer.

 

[JETX]

Okay, so if I understand your post correctly:
1) You purchased a car from a dealer who offered a 3rd party warranty (from a company called C.A.R.S.)
2) The dealer held your insurance purchase for three weeks (or so) until two days after you had a claim.
3) You then contacted the insurance company to file a claim.... and the insurance company returned the check to the dealer.

Correct??

If so, I would file a small claims action against both the dealer (who I assume still has your money) and the insurance company who refused payment. Though the insurance company probably has no liabilty, by bringing them in, you prevent the dealer from using them as an excuse for THEIR failure. This will also prove that the dealer even sent them the premium.