
Jennifer of Sahuarita, AZ on Oct. 23, 2008
I purchased a 2003 Mercedes Benz C230 Kompressor in February of this year. The vehicle had between 44,000 & 46,000 miles on it. I purchased the vehicle because it did not have very many miles and thought that this car would last a long time without needing any major repairs. Recently my check engine light went on and I took the vehicle right away to the Mercedes Dealership. The car was first diagnosed with misfires. The service department replaced an ignition coil and also had me replace the spark plugs since the vehicle is now five years old. Currently the vehicle has about 60,000 miles.
The engine light came back on about a week or two later. I took my vehicle in again the same morning. Warranty America required the service dept. to break down the engine before sending an adjuster out. The adjuster went out and inspected the vehicle. On the 10th of Oct. a message was left with the service adviser that they, the Warranty Co., would not be covering the claim due to sludge. The service adviser contacted the warranty company and told them that this was clearly a mechanical breakdown. The warranty company said that the contract excluded sludge/carbon build up.
When I contacted the warranty company it was told to me that the vehicle would not be covered because of maintenance issues. The adjuster had notated in his notes that I was not using the correct fuel (which should be Premium). The warranty customer service rep asked if I had any gas receipts. I did not at the time but did tell him that I did indeed use the premium fuel. The customer service rep then transferred me to a claims adjuster who said that the company would not cover the claim due to contamination. The claims adjuster then had his supervisor take a look at the claim. Later that day the claims supervisor called me and said that Warranty America would still not cover the claim due to contamination and because of maintenance issues. The service department at the dealership told the Warranty Company that there have been no maintenance issues.
The warranty that I purchased was their "Bumper to Bumper" coverage with wear and tear as well as gaskets and seals. I also purchased the emissions package all to total over $2800. On their website it clearly states under the "Bumper to Bumper" what is not covered: The Bumper to Bumper program covers the cost of repairs due to failure of all manufacturer installed mechanical and electrical part, this coverage is so extensive, only the following are excluded. Paint/carpeting; frame of structural separation; manual/hydraulic clutch assembly; trim; hoses and rubber part; fiberglass top; any repositioning, refitting or realigning; moldings; distributor cap/ rotor; tire/wheels; air bag/supplemental restraint systems; lenses; battery and cables; all maintenance service and items such as alignments, wheel balances, engine tune-ups, spark/glow plugs, plug wires, brake pads, linings and shoes, filters; lubricants and coolants (unless in conjunction with covered breakdown); hoses and v-style; belts; bright metal; light bulbs/headlights; exaust system; weather stripping; body panels; brake rotor/drum; normal fluid/oil lubricant seepage; canvas, vinyl or fabric tops, satellite/GPS systems, video systems, remote compact disc or DVD changers; (unless surcharge has been applied); shop supplies, hazard waste removal; body adjustments; buttons, handles, door hinges, glass; service adjustments; cleaning; retrofits or replacements of any components caused by or due to compliance with law or legislation including the 1990 Clean Air Act, and including emission control equipment and sensors. Tires The tire must be an original vehicle manufacturer equipped tire, or replacement tire of the same size and type, with no less than 3/32? tread depth, properly installed on you r vehicle. Reimbursement is based on the price of original tires purchased with your vehicle. Covered damage is defined as any road hazard caused damage necessitation replacement of the tire.
In the contract that I purchased it does list a separate section of exclusions: A BREAKDOWN CAUSED BY CONTAMINATION (FOREIGN OBJECTS OR SUBSTANCES INCLUDING BUT NOT LIMITED TO SLUDGE) OF OR LACK OF PROPER FUELS, FLUIDS, COOLANTS OR LUBRICANTS, INCLUDING A BREAKDOWN CAUSED BY A FAILURE TO REPLACE SEALS OR GASKETS IN A TIMELY MANNER;. The warranty company when asked by the service department and myself to continue reading the clause instead of just stopping at CONTAMINATION they will not and tell me that I need to just submit a letter to them telling them that I disagree with their decision. The contract clearly states that if they continue reading the contract due to lack of proper fuels,(which I now have receipts listing that I put in premium fuel), fluids, coolants etc. I have not lacked in any way of the proper fluids and the Service Dealership has confirmed this. When the computer in my vehicle told me that I was nearing my Service A in July I took the vehicle in as required.
When speaking with the Warranty Company the warranty company also said that the carbon build up could of been prevented by having a Top End Service performed to clean the fuel injection system? which is recommended but no where are they able to locate where Mercedes Benz requires that nor their (Warranty America) company guidelines. Warranty America then on a separate phone call said that then the claim was declined because carbon build up causing damage to a covered component is not covered. Their stating that in the contract definitions area under Breakdown is the main reason for their denial;
BREAKDOWN? or Mechanical BREAKDOWN? means the event caused by the total failure of any COVERED PART to work as it was designed to work in normal service. Please refer to the wording under exclusions for a listing of conditions under which the failure of a COVERED PART is not considered a Mechanical BREAKDOWN.
Warranty America keeps giving me different explanation for their denial every time I give them a call. First it was due to sludge, then because of not maintaining the vehicle properly, then contamination and inputting the wrong fuel, contamination and because of not performing the top end service to clean the fuel injection system and then because of the Breakdown definition.
I purchased this contract from Carchex who assured me that this was the best contract that I could purchase. Ive called Carchex recently and asked a general question about their bumper-to-bumper coverage and asked a question about having to have my engine or engine head replaced and they said I was covered. I then asked if I would be covered because of carbon build up. Ryan the representative who I believe was the same representative that I spoke with before said that it should be. Ive spoke with the specialist Manager Tom from Carchex and he said that most often Contamination is caused by maybe water in the fuel or maybe a bad seal and oil then leaking from the seal and causing the engine to be contaminated. An engine light should be alerted which at that time the consumer should take the vehicle in right away. When my engine light came on I took the vehicle in that same morning. My vehicle had not started running inaccurate in any way anytime before that.