Loth, unlike you, I'm retired, married and have nothing but time on my hands. Plus, I owe you big time for giving me your XKR back box. Therefore, let's get together at the very earliest and bring me whatever paperwork is in your file, including the 'Protection Plan'. I'll go through every word of everything and draft one or more letters to the appropriate entities for your consideration. That will at least get you started on settling this fairly and getting reimbursed whatever amount you rightfully have coming. Call or text me ASAP! Snide

 

did you buy the "jaguar land rover vehicle protection plan" that is administered by United Service Protection Corp?

 

Bump!! I certainly did.....

 

My goal is to make sure people know what they are getting into. They do not cover everything they say they do IN FULL. Even if its a item that SHOULD work for the life of the car... I was told by the dealership THEY WOULDNT COVER THE HARNESS.. WTF?!?!! AS SEEN IN THIS THREAD ITS ON A JAG DEALERS LIST THAT IS COVERED!!!!

im 4000 in the hole after dropping 4300 last December. I dont want anything to be WRONG with my Jag..but still..when something does go wrong I WANT IT COVERED IF ITS ON THAT LIST!!

LOTH

 

Loth;


What is your remedy under your plan? Can you sue or do you have to go to arbitration or mediation? It seems to me that you are at the point where you have to hold their feet to the fire to get what you are entitled to. Good luck.

 

Like SickRob says, have you explored other avenues with United Services Corp? It looks like they are under the Assurant company portfolio. If it was me I would call their claims line and ask to speak to the adjuster who whoever internally made the call on the non-covered repair.

https://www.assurantsolutions.com/ex...nty/contact-us

With my previous car I had a policy sold by Autopom but underwritten by Mercury Insurance. I had my car in for several items, some that should be covered were deemed to be a pre-existing condition 6 months after I signed up with the program. After calling Mercury I found myself with a gentleman that I could have a discussion with, after hearing my side I was able to get coverage on some of the items. Not all, but more than what originally was denied.

For the amount of money I can't see a lawsuit being beneficial, but it certainly would feel nice to stick it to them!

 

is it an exclusionary policy where they list items that are not covered?

 

I disagree about a lawsuit. See my post #15, above. Nothing will make you feel better than sticking it to them by yourself! All it takes is a few hours of your time and a small filing fee. And if you want to get creative, include the Jaguar dealer who profited by selling that extended service contract to you as a co-defendant and allege that both of them conspired against you in violation of the RICO Act and demand treble damages. That'll really get their attention and you'll be surprised how fast their lawyer will want to settle. How do I know this? I did it myself many years ago in Small Claims Court with my old MBZ 600SL.

 

I like it!

Doesn't sound too difficult, in that case well worth the effort.

 

Also, keep in mind that this is first party coverage. Many states, like N.J. where I live, allow the insured to sue for legal fees as damages if they prevail in a coverage suit against their insurance company. This is simple compared to a RICO claim and often gets the quick settlement also.


These options are only available if you can sue. Many policies provide that arbitration is the only remedy. that is why I suggested that the first thing to do is read your policy to know what your rights are before calling the insurance company.

 

Even if the contract provides for arbitration as the sole remedy, why can't an "ignorant" non-lawyer car owner file a lawsuit by himself in Small Claims Court? It's much simpler and far less expensive than having to pay higher filing and arbitration fees, etc., and lets the Third Party Extended Service company and the Jaguar dealer know that you're serious.

The service contract company thinks they have you over a barrel because the amount that they refuse to pay is too small to justify your spending the money to go to arbitration. If you allege that you were fraudulently induced to enter into this contract because of their bad faith to fully pay valid claims, the Small Claims Court might hear your case notwithstanding the arbitration clause.

Don't cave in. Instead, give them a taste of their own medicine. Make them realize that they will spend more money on lawyers, travel, and other expenses than it would cost to pay your claim. They'll make the business decision that it will cost less to pay your claim than fight it.

Even if your complaint is defective, they still have to spend the money to file an answer; failure to do so can result in a default judgment against them. That's why their lawyer will call you to settle before the deadline to file an answer. They will want to minimize their cost.

Just more food for thought.

 

As a defense lawyer I would file a motion to dismiss for lack of jurisdiction. The court would throw it out. You are bound by the contract you sign.

 

Rob,

My point, exactly. And how much would that cost the Defendant? Probably more than the $238 that the OP Plaintiff seeks to recover. See my post #15. And that assumes an arbitration clause. If there is no arbitration clause, defense costs to file an answer and produce documents would be much higher.

Even if you lose, you have the satisfaction of knowing that you did so fighting for what you believe is right, and that you made them pay a cost to do so. Principles matter. And it feels better to get even than to get mad.

Stuart

 

Stu;


I'm not advocating a course of action. I was just trying to alert possible claimants about the possible limits on remedies; and that the best approach is to understand what you can and cannot do before you pick up the phone to call your "warranty" company.


I agree with you that if you are being treated unfairly you should take action. In this case it looks like Loth is getting the shaft; but I have not read his policy.

 

Is this an exclusionary policy? Does anyone have a list of items covered / not covered? Maybe scan and post your service agreement....

The only thing I've read are the "examples of things covered" on the brochures...

 

Rob,

I agree with you in theory, however, in Loth's case from a practical standpoint the cost to engage an attorney exceeds the desired result. From my experience, as I explained above, filing pro se in Small Claims Court gave me more satisfaction than money can buy.

Stuart

 

OK. My 3rd water pump just pillaged me... The Jaguar Vehicle Protection Program was contact by my dealership and they are covering all parts and 6 hours labor apart from:

1- 100 dollars deductible
2- 35 dollars for "hoses"
3- 29 dollars to air flight parts in to be fixed tomorrow.

I think that job is well over 1000 dollars. Thoughts?

 

Well, I mentioned this in your other thread on the same subject.

Why the hoses? I would think the could be reused.

 

no idea

 

Why are the hoses not part of the overall repair? Seems like they should be. I guess it depends on the language of the policy.