Who do i sue?

**gtikid** · 10-26-2005, 05:41 PM

I'm a keep this one simple. I bought my car from Carmax and bought the warranty they offered. I had a problem with my car (bent valve) and the warranty company doesn't want to cover it

. For any of the people that know about registered agents and all that stuff you have to fill out when you file a small claims, who am i supposed to sue? Do I sue Carmax? I asked them and they said the warranty they offer is through a third party company called AON. Do I sue AON? Any help will do. Thanks a lot

Oh and i'm having trouble filling out this small claim b/c I don't understand the language on the papers (all those legal terms

)

Thanks

**chrisdavis** · 10-26-2005, 05:48 PM

I would assume that it would be the warranty company. I would consult an attorney though.

**B16a2 Civic** · 10-26-2005, 05:52 PM

im thinkin AON, if they offer teh warranty..which means AON has a contract with carmax to provide a warranty.

**Julio** · 10-26-2005, 05:56 PM

What warranty you have with Carmax? Dont tell me you didnt get there CARMAX/MAXCARE program...

**RandomGuy** · 10-26-2005, 05:58 PM

bent valve in the GTI?!

sux 4 u. you couldnt feel it coming though?

**gtikid** · 10-26-2005, 06:00 PM

I was thinking the same thing. But then when i searched Maxcare, which is the name of the warranty provided by carmax, a registered agent popped up for that too. So i really have no idea who the hell to sue. I have 4 names to sue but no idea which one. Here they are:

1) CARMAX AUTO SUPERSTORES, INC. (FOREIGN PROFIT) Officers

4900 COX RD
GLEN ALLEN, VA 23060
Control # Status Filing Date Last AR Paid Jurisdiction
K214066 ACTIVE/COMPLIANCE 07/01/1992 03/24/2005 VIRGINIA
Registered Agent Agent Address Agent County
CORPORATION SERVICE COMPAN 40 TECHNOLOGY PKWY SOUTH, #300 NORCROSS, GA 30092 GWINNETT

2) AON WARRANTY GROUP, INC. (FOREIGN PROFIT) Officers

PO BOX 8264
CHICAGO, IL 60680
Control # Status Filing Date Last AR Paid Jurisdiction
J150605 ACTIVE/COMPLIANCE 04/29/1981 03/11/2005 ILLINOIS
Registered Agent Agent Address Agent County
CORPORATION SERVICE COMPANY 40 TECHNOLOGY PKWY SOUTH, #300 NORCROSS, GA 30092 GWINNETT

3) AON RISK SERVICES, INC. OF GEORGIA (DOMESTIC PROFIT) Officers

123 N WACKER DR FL 26
CHICAGO, IL 60606
Control # Status Filing Date Last AR Paid Jurisdiction
H607814 MERGED 09/28/1970 03/30/1998 GEORGIA
Registered Agent Agent Address Agent County
C.T. CORPORATION SYSTEM 1201 PEACHTREE ST NE ATLANTA, GA 30361 FULTON

4) MAXCARE SERVICES, INC. (DOMESTIC PROFIT) Officers

PO BOX 1177
NEWNAN, GA 30264
Control # Status Filing Date Last AR Paid Jurisdiction
0047922 MERGED 10/31/2000 03/21/2001 GEORGIA
Registered Agent Agent Address Agent County
REG AGT RESIGNED 08-05-02 REG AGT RESIGNED AGT RESIGNED, GA 30263 COWETA

**gtikid** · 10-26-2005, 06:02 PM

Originally Posted by Julio

What warranty you have with Carmax? Dont tell me you didnt get there CARMAX/MAXCARE program...

Yup, I sure did

**Julio** · 10-26-2005, 06:02 PM

They wouldve fix it for like 75 bucks. Shit bro.. sucks.

**gtikid** · 10-26-2005, 06:12 PM

Originally Posted by Julio

They wouldve fix it for like 75 bucks. Shit bro.. sucks.

Yea that's what i thought man! It's a $50 deductible if you take it to Carmax, or a $75 deductible if you go somewhere else. I took my car to Dwight Harrison VW and now the warranty company doesn't want to cover it. The shit that pisses me off is that on the damn brochure and on the contract it says: "Valves, valve guides, valve springs, cylinders, cylinder heads, etc." And now they're trying to stay that they aren't gonna cover it.

**RandomGuy** · 10-26-2005, 06:21 PM

Originally Posted by gtikid

Yea that's what i thought man! It's a $50 deductible if you take it to Carmax, or a $75 deductible if you go somewhere else. I took my car to Dwight Harrison VW and now the warranty company doesn't want to cover it. The shit that pisses me off is that on the damn brochure and on the contract it says: "Valves, valve guides, valve springs, cylinders, cylinder heads, etc." And now they're trying to stay that they aren't gonna cover it.

thats crazy, how can they do that shit... whatd they say "no, we dont cover valves" or something?

**Julio** · 10-26-2005, 06:24 PM

Ah hell no man.. Is on the contract! Fuck that shit.. Talk with a manager or someone Important at carmax.. thats total bs

**The Golden Child** · 10-26-2005, 06:26 PM

get a big sign and say CARMAX SUCKS !!!

**Buford®** · 10-26-2005, 06:27 PM

Are you out of the mileage range of the warranty?

**iloveboost** · 10-26-2005, 06:27 PM

You should talk to a lawyer before you do anything. It's obvious you don't know where to start in the legal issue.

You don't just due someone. CarMax isn't a Rons Auto Sales car dealership, they're big time. They have lawyers on payroll for people like you and claims like this.

How much was your bill?
Were you covered by the warranty at the time of repair?
What was their reason for not honoring the warranty?
Is/was your car modded or did you do anything to void the warranty?
Have you called the warranty company to ask why your repairs were not covered?

If you're 100% certain you should be covered by the warranty, then file a formal letter of complaint to CarMax. Explain to them that you got the warranty with the understanding that it would be covered in such a matter that everything would be paid for except for the deductable. Give them a date (10 calendar days is usually ideal and ample time for them to respond) before you pursue any further action(s).

If you bought your car through CarMax, and if there's no other specifications to handle any legal claims or complaints with any other department, then send it to CarMax. If it goes to another department, then they will forward it or make them aware of the situation.

Wait out the 10 days, if nothing happens, then take legal action. If this is as cut and dry as you say it is, then you'll have no problem. Your lawyer will send a draft with your demands, and from there they will either tell you to piss off, or they will pay it.

Nine times out of ten it will cost less to settle the claim out of court, than to go to court. People tend to take you more seriously when they get a letter/draft from a lawyer.

Don't go around trying to sue everybody, and make sure you know what you're doing before you mess it up for yourself.

Call a lawyer.

**turbowrx** · 10-26-2005, 06:30 PM

what carmax location did you buy it from?

**gtikid** · 10-26-2005, 06:36 PM

Originally Posted by Julio

Ah hell no man.. Is on the contract! Fuck that shit.. Talk with a manager or someone Important at carmax.. thats total bs

Yea that's what i'm saying! It's on the contract!!! WTF?!! I talked to their service manager and he gave the warranty people a call, but nothing happened. That's why i decided to file a small claim

**gtikid** · 10-26-2005, 06:37 PM

Originally Posted by turbowrx

what carmax location did you buy it from?

Off Beaver Ruin in Norcross

**Julio** · 10-26-2005, 06:41 PM

I would def do what iloveboost said.

**gtikid** · 10-26-2005, 06:42 PM

Originally Posted by Buford

Are you out of the mileage range of the warranty?

Nowhere near. I got the car at the end of Feb. It's only been about 8 months or so

**gtikid** · 10-26-2005, 06:50 PM

Originally Posted by iloveboost

You should talk to a lawyer before you do anything. It's obvious you don't know where to start in the legal issue.

You don't just due someone. CarMax isn't a Rons Auto Sales car dealership, they're big time. They have lawyers on payroll for people like you and claims like this.

How much was your bill?
Were you covered by the warranty at the time of repair?
What was their reason for not honoring the warranty?
Is/was your car modded or did you do anything to void the warranty?
Have you called the warranty company to ask why your repairs were not covered?

If you're 100% certain you should be covered by the warranty, then file a formal letter of complaint to CarMax. Explain to them that you got the warranty with the understanding that it would be covered in such a matter that everything would be paid for except for the deductable. Give them a date (10 calendar days is usually ideal and ample time for them to respond) before you pursue any further action(s).

If you bought your car through CarMax, and if there's no other specifications to handle any legal claims or complaints with any other department, then send it to CarMax. If it goes to another department, then they will forward it or make them aware of the situation.

Wait out the 10 days, if nothing happens, then take legal action. If this is as cut and dry as you say it is, then you'll have no problem. Your lawyer will send a draft with your demands, and from there they will either tell you to piss off, or they will pay it.

Nine times out of ten it will cost less to settle the claim out of court, than to go to court. People tend to take you more seriously when they get a letter/draft from a lawyer.

Don't go around trying to sue everybody, and make sure you know what you're doing before you mess it up for yourself.

Call a lawyer.

That's some damn good advice man. I have a lawyer and all but I didn't know if i should give him a call. I think i will now though. The reason I didn't call my lawyer earlier is b/c I had a cousin who went through the same thing with Ford. His transmission messed up and Ford didn't want to cover it. He filed a small claim and had no lawyer with him at any moment. Ford gave him a call and told him they would settle out of court, but they were only going to give him $1500 when the repair cost $2500. My cousin asked for $1800 and they said no. They went to court and my cousin won and got the full $2500. That's why I kind of hesistated with the lawyer. Here are the answers to your questions:

1. Dealerships like putting in new parts instead of fixing the problem. Therefore, VW wants to put on a new head instead of a valve job. So the repair is $5986. Yes for a fucking headjob. I need a headjob not a new motor

2.Yes i was covered by the warranty.
3.They say abuse. I say that's racial/age profiling
4.My car is more stock than your mother's.
5.Yes and again they said abuse

**PinkTaco04** · 10-26-2005, 06:51 PM

THANK YOU ILOVEBOOST, duude im sorry to say this but I dont see you trying to sue them working out very well lol, by the time you pay lawyer fees, etc to loose the battle you could have fixed it yourself. Yea you should persue them until they fix it if thats what the contract says but its not about "who do i sue"

**Negrodamus** · 10-26-2005, 06:52 PM

sucks mang. "One Call Thats All"

**gtikid** · 10-26-2005, 07:01 PM

Originally Posted by PinkTaco04

THANK YOU ILOVEBOOST, duude im sorry to say this but I dont see you trying to sue them working out very well lol, by the time you pay lawyer fees, etc to loose the battle you could have fixed it yourself. Yea you should persue them until they fix it if thats what the contract says but its not about "who do i sue"

I see trying to sue them working out just fine. My cousin did it and worked out just fine for him. Lawyers for me are $300 for a good lawyer, i went to school with his kids, and a $75 for actually filing the claim. $375 sounds a whole lot better to me than $6000. And yes it is about who do I sue. Should I sue Carmax, or their warranty company, for not covering it.

**Hulud** · 10-26-2005, 09:18 PM

AON? ha good luck with that one

my dad used to work for them FUCK them

**TranceDJ06** · 10-26-2005, 09:22 PM

..Fuck,..Sue Hulud!

**Hulud** · 10-26-2005, 09:23 PM

go ahead you aint getting shit from me! cause i aint got shit to take lol

NzProjeKt · 10-26-2005, 10:41 PM

Don't go around trying to sue everybody, and make sure you know what you're doing before you mess it up for yourself.

^^^^^^^^^^^^ Good Advice!!

NzProjeKt · 10-26-2005, 10:46 PM

Ohh Yeah.. Sorry to hear that Julian..
Is your vehicle still driveable at least ?

**gtikid** · 10-26-2005, 11:16 PM

Originally Posted by Hulud

AON? ha good luck with that one

my dad used to work for them FUCK them

yea seriously...FUCK AON!!!!

**gtikid** · 10-26-2005, 11:34 PM

Originally Posted by NzProjeKt

Ohh Yeah.. Sorry to hear that Julian..
Is your vehicle still driveable at least ?

It was driveable before I took it to VW and they took off the head. Now the car is just sitting there with the head in the trunk

**God** · 10-27-2005, 01:40 PM

Originally Posted by gtikid

Yea that's what i'm saying! It's on the contract!!! WTF?!! I talked to their service manager and he gave the warranty people a call, but nothing happened. That's why i decided to file a small claim

call back and ask to speak to the general manager. let him know whats going on, let him know that if it isnt settled asap, you'll be calling the bbb along with the ga dept of crap my mind just went blank. someone finish that sentence im going back to sleep

**RandomGuy** · 10-27-2005, 01:45 PM

Originally Posted by gtikid

It was driveable before I took it to VW and they took off the head. Now the car is just sitting there with the head in the trunk

sux!
either way... worst case scenario itll cost like 700 bux to get ur shit back. Go to dover, theyll get you a machined head for like 320, if u trade in your old one, i know a place thatll do the headwork for 200-300$ labor (since the head/manifolds are off already), its a shop certified and shit, so it wont void ur warranty... and maybe 80 bux to tow it.

damn but the situation, sux, kinda defeats the purpose of buyin shit at Carmax, cuz it aint the best price for damn sure, ur pretty much paying for the support and warranty. Hope it goes well

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