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Can I sue my Home Warranty company &win this case?
by Steve
on August 12, 2018 @17:09
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My AC stopped working last Friday(8/3) afternoon, 4:30pm in AZ, it's 7:30pm in east coast, their office had closed for the day and for the weekends, and won't open until Monday.
The only one available is their receptionist (no dispatching authority) said he understood the heat wave was coming to AZ, over 110 degrees on weekend, people couldn't tolerate the heat without AC for 3 days, and suggested me to find a contractor to fix the AC, he also sent me a claim reimbursement form, and asked me to submit the form with the receipt after the repair. He also asked me to see if someone would come to the office on Saturday.
I called back again on Saturday(8/4), nobody was there. So I went ahead and had the AC fixed by a technician, with the lowest price I could find.
On Monday, nobody from this company called me, so I called them, they asked me if I'm a technician? I said I was the owner. They asked if the repair was done, I said yes, they asked me to send in the receipt and reimbursement form, I did that. On the second day(8/7), they declined my repair. I told them the story about the repair, they asked me to have the technician call back and would review it. I gave my technician's phone number to them, they said they would call my technician, but they never did.
My technician called back many many times, long wait time, disconnected by them several times, it was a headache. Eventually, he got connected with the authorization department on 8/9(Thursday) and gave them all information they needed.
I called back again, they said it's denied, because it was not authorized before the repair. No matter how I explained the situation, the heat in Arizona, they closed their office on weekend, their representative asked me to find a technician to fix the AC, and sent me the claim reimbursement form, etc., they just declined.
If they can't reimburse any repairs before authorization, why did their first representative gave me a very misleading information? said I could find another technician to repair and get reimbursed? Why did he send me a CLAIM REIMBURSEMENT FORM on 8/3, when I called them the first time? This is very misleading.
Why did they ask my technician to try so hard to call them back? it wasted my technician a few hours. After we did what they asked, they still declined the repair.
In the contract, they do mention it needs to be authorized before a repair is done. Obviously, the first representative gave me a misleading info.
They offered me $100 to settle down. But that's far from enough. Do you think I can win the case if I sue them in court? or BBB?
Thanks
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Re: Can I sue my Home Warranty company &win this case?
by lpadave
on August 12, 2018 @19:01
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what was the total cost of the repair ?
did you document the inquiry to the service contract company and get the rep's name or employee id # ?
were confirming e mails or faxes sent and received ?
did you get proper repair paperwork from your guy who fixed the AC ?
I do not have great experiences or faith in these service contract warranty companies. Many of them take the premiums and will / may do smaller inexpensive repairs at no charge, or give you preferred response times and discounted rates on parts and labor. Most or all of them have corrosion, age, lack of maintainance or other well structured paragraphs to get out of the expensive repairs or replacements.
You're better off saving the premium dollars and finding local service people who you can rely on 24/7.
chalk up the money you spent to experience and be thankful that your tenants didn't go nuts on you.
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