I purchased a used 2007 Hyundai Sonata Limited (3.3L V6) from Sharrett Automotive, Inc. in Hagerstown, MD on June 11, 2010. The mileage on the vehicle at the time of purchase was 33,801.
I elected to purchase a EasyCare TOTALCare vehicle service contract (VSC) at the time of vehicle purchase. My EasyCare contract clearly stipulates "add-on" term and mileage of 60 months/100,000 miles. This "add on" coverage results in VSC coverage up to June 11, 2015 or 133,801 miles whichever occurs first. The cost of this VSC was $1,985.00.
Last week I noticed my transmission beginning to shudder and slip in reverse when the drivetrain was at normal operating temperature. I took the vehicle to the service department at the selling dealer (Sharrett Automotive, Inc.) on Monday, July 16, 2012 for service. The mileage on the vehicle is currently 103,500 (well below the maximum allowable of 133,801. [continued below]....
When the Sharrett Automotive, Inc. service department personnel contacted EasyCare to obtain service authorization, EasyCare denied coverage stating that they do not issue VSC's with "add on" mileage in excess of 100,000 miles. This despite my having a signed copy of the VSC that clearly indicates the "add on" term and mileage.
Section J of the terms and conditions (T&C) of the VSC state that by signing, both parties have waived their right to file a law suit to settle a dispute and agree to mutual arbitration instead. I researched this and found that just the initial filing fees for a arbitration claim with a limit of $3,500.00 would be nearly $500.00 and then I could expect attorney fees on top of that. All this with no guarantee of winning my case.
At the moment, I'm at my wits end and would sincerely appreciate any assistance you can provide. I truly believe that I am being treated unfairly by this company. I paid almost $2,000.00 for a VSC in good faith and now the company is not willing to honor their end of the commitment. I find this totally unacceptable and irresponsible on their part. Unfortunately, I'm just the "little guy" with limited resources available to go up against a large corporation in arbitration and win. I will be glad to provide any additional supporting documentation that you need. Thank you in advance for your support and assistance.