Can I sue the car dealership for their error in contract?

[lecifeldser]

I purchased a used car in November and decided to go ahead and purchase the additional warranty for it. Conveniently, the finance department did not enter the deductible in correctly (they entered 0 deductible, which apparently you cannot do for a used car, I did not know this and they did not tell me). In January I received notice from the underwriting company stating the error and the contract is void. I contacted the dealership who promised it was thier error and would take care of it immediately. Fast forward to May and needless to say I have not been able to reach, nor receive return calls from either the dealership or the underwriting company. At the very least give me my money back if you have no intention of honoring the warranty contract. I have even contacted the main company (Toyota) who assured me I would have an answer by yesterday, which of course I don't.
Can I sue them, and if so is it worthwhile to do so or will I basically be paying a lawyer for nothing?
Thanks!

 

[mightymoose]

Difficult to say if they properly voided without reading the contract. However it seems a far less expensive option for you is to purchase a new extended warranty through another company.
If you were paying monthly for the warranty and they are no longer collecting that amount then they don't owe you. If you paid in full up front, which is not likely, then they owe a prorated amount.
The cost of the warranty is likely folded in to your financed amount, and the financing must be adjusted with the warranty removed. Of course, if you didn't finance then that isn't an issue.