Car Warranty Claim Rejected? Know Your Rights
When a dealer rejects a warranty claim on a faulty car, they often rely on exclusions buried in the warranty's terms. But a warranty is an extra promise sitting ON TOP of your statutory rights, it cannot reduce them. If you bought the car from a trader (not a private seller), the Consumer Rights Act 2015 gives you rights that apply regardless of what the warranty says. This guide explains how to use those rights when a claim is knocked back.
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Under the Consumer Rights Act 2015, a car bought from a trader must be of satisfactory quality, fit for purpose and as described. This applies to used cars too, judged against age, mileage and price. If a fault breaches these standards: within the first 30 days you have the short-term right to reject the car for a full refund. After 30 days and within the first 6 months, the trader gets ONE chance to repair or replace; if that fails, or if they refuse, you can reject for a refund (which may be reduced for use after the first 6 months). For the first 6 months any fault is presumed to have been present at the point of sale unless the trader can prove otherwise, the burden is on them. These rights are against the TRADER who sold you the car and exist whether or not a separate warranty pays out. A warranty is a contractual extra; rejecting a warranty claim does not extinguish your Consumer Rights Act claim against the seller.
Step by step
- 1Identify your route. If you bought from a trader, your strongest rights are under the Consumer Rights Act 2015 against the SELLER, not the warranty company. Note the purchase date and whether you're within 30 days or 6 months.
- 2Report the fault in writing to the dealer who sold you the car. Describe the fault, when it appeared, and state that you are exercising your rights under the Consumer Rights Act 2015 (not just the warranty). Within the first 6 months remind them the burden is on them to prove the fault wasn't present at sale.
- 3Set out what you want, repair, replacement or rejection for a refund, and give a clear deadline. Keep all correspondence, the advert, the sale invoice and any independent mechanic's report confirming the fault.
- 4If the dealer still refuses, escalate: use any alternative dispute resolution scheme the dealer belongs to (e.g. The Motor Ombudsman), or send a formal letter before action and pursue a claim in the small claims court for vehicles within its limit.
What they'll say, and your comeback
“That part is excluded under the warranty terms.”
Comeback, The warranty is an optional extra and cannot reduce my statutory rights. Under the Consumer Rights Act 2015 the car had to be of satisfactory quality regardless of the warranty's exclusions, and my claim is against you as the seller.
“It's wear and tear / you caused it.”
Comeback, Within the first six months of purchase the law presumes the fault was present at the point of sale, and the burden is on you to prove otherwise. A simple assertion of wear and tear isn't enough, you'd need evidence, which I'm entitled to see.
“You bought it sold as seen, so there's no comeback.”
Comeback, 'Sold as seen' has no legal force against a consumer buying from a trader. The Consumer Rights Act 2015 rights to satisfactory quality, fitness for purpose and accurate description cannot be signed away in a consumer sale.
FAQ
Does this apply if I bought the car privately?
No. The satisfactory-quality and fitness-for-purpose protections of the Consumer Rights Act 2015 apply to purchases from a trader. A private sale only requires the car to be 'as described' and the seller to have the right to sell it, so your rights are much narrower.
Can I still claim if I'm past 6 months?
Yes, but it's harder. After 6 months the burden shifts to you to prove the fault was present or developed due to a pre-existing issue, often needing an independent report. You generally have up to 6 years to bring a claim in England and Wales (5 years in Scotland).
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A self-serve tool, not a law firm. General information, not legal advice.