If you have an ongoing problem with your car while under warranty and the warranty expires without the problem being resolved does the car company still have an obligation to fix it? – Mark
If the dealer knew about the problem before the warranty expired, then you shouldn't be on the hook to get it fixed, experts say.
"Depends on the warranty language, but if the problem is identified before the expiration, then it would be covered," says Neil Abbott, a Toronto consumer lawyer.
The warranty probably won't specifically say that ongoing troubles are covered after the warranty expires. But they still should be, says the Automobile Protection Association (APA).
"The recurrence of the same problem after a contractual warranty expires creates an evidentiary presumption that the problem was never corrected during the warranty period," says APA president George Iny. "Officially, the car makers do not recognize this presumption – it arises from decisions in contract law cases applicable to all provinces."
Prove it's an ongoing problem
You may have to prove that you had your car previously repaired under warranty by showing a work order, Iny says.
Then, you'll have to show that the same problem is happening again. You may need a third party – another repair shop – to prove that.
"Not a similar problem, which is what the dealer may claim," Iny says. "The case is easier to make when there have already been several repairs or repair attempts during the warranty."
Iny says most car makers will voluntarily re-open or extend the warranty for major repairs that recur during the first few months of the car's sixth year. But, they'll usually just do this for the original owner.
"Most will not do so for a second owner, and rarely voluntarily after the sixth year," he says.
Aside from car maker's warranties, laws in most provinces give warranties on car repairs.
Section 63 of Ontario's Consumer Protection Act covers parts and labour for 90 days or 5,000 km after repairs.
Like us on Facebook
Add us to your circles
Sign up for our weekly newsletter