Legal Question in Product Liability in Virginia

We have recently purchased a used car that came with a limited warranty. In the warranty it covers engine, transmission, water pump, etc..., but it states there is a $100 deductible per incident. The dealership is trying to charge me this 100 for the original problem they agreed to fix when I bought the car. The first day i bought the car I had to return it the next day. They agreed that this was an initial off the lot problem and we would not be charged a deductible due to it being an original problem. We have taken the car to them three times regarding this same issue and all three times they say the have fixed the problem but the problem has only gotten worse. Now they want us to pay this deductible claiming this is a new, separate incident. We have had the car for about 45 days. Payments on-time. Every time we call them we tell them about the same problems. Now there trying to say its different. Do I have any grounds to sue. I refuse to make payments on a car I cant drive. The car is actually in-drive able. It can only be driven in reverse. I have almost been in several accidents due to the car stalling and stopping in the middle of the road. Putting me and my kids in danger. Now I have lost a job behind no transportation, and I cannot use the car I pay for.

Asked on 4/07/10, 7:06 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Sue 'em in your local small claims court for up to $5K for your recoverable damages.

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Answered on 4/12/10, 7:15 am

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