The number is smaller than you think, and the contract was written that way
The finance office sold you the extended warranty as one lump sum, folded into the loan in a few minutes. Getting part of it back is slower and smaller by design. The contract is earned a little at a time. The document calls it a vehicle service contract, and the two names mean the same product. When you cancel after the free-look window, what comes back is the part that has not been earned yet. That is the whole idea of pro rata. What most owners do not know is that there are two clocks running, the obligor gets to pick which one it reads, and it will read the one that pays you less.
This page does the arithmetic out loud so you can check theirs. Refund desks count on customers who accept whatever number arrives. It is not insurance math, because a service contract is not insurance, and the rules come from the contract and from state statute rather than from an insurance code.
Two clocks: time and mileage
Every service contract has a term in months and a term in miles, and it expires when either runs out. Cancellation refunds follow the same two measures.
By time. Months remaining divided by total months, times the price you paid.
By mileage. Miles remaining divided by total miles, times the price you paid.
California’s statute permits either: a pro rata refund based on elapsed time or on an objective measure of use such as mileage. Washington’s statute says the same thing in its own words, pro rata based upon either elapsed time or mileage computed from the purchase date and the mileage on that date. Texas allows mileage, time, or another reasonably applicable measure, as stated in the contract.
The statutes say “either.” They do not say you choose. The industry made sure of that.
Who picks, and which way the pick goes
California is the one state that writes the answer down in plain terms. For a vehicle service contract, the refund method is at the obligor’s option as determined at the time of cancellation. The obligor is the company that owes you the coverage, and it decides which clock to read after it sees your cancellation letter and your odometer statement.
The sample contract we read from a national seller says it more bluntly. It says the refund will be equal to the lesser amount produced using either the number of months the contract was in force or the number of miles the vehicle was driven. Not the obligor’s option. The lesser, by rule, and the same lesser-amount language repeats in the contract’s state riders for Alabama and several other states.
So the practical rule is this. If you have driven more miles than the contract’s pace assumed, mileage has used up more of the contract than time has, and the mileage refund is the smaller one. That is the one you get. If you have driven fewer miles than assumed, time has used up more, and the time refund is the smaller one. That is the one you get. The only case where it does not matter is the case where you drove exactly on pace, and nobody does.
That is why the contract asks for a Federal Odometer Statement or a notarized mileage affidavit with the cancellation. It is not paperwork for its own sake. It is the input to the clock that favors them. Send it, because they will stall without it, but know what it is for.
A $3,000 contract, worked both ways
Everything in this example is an assumption chosen to show the arithmetic. Your contract will have different numbers.
The contract. $3,000 purchase price. 60-month, 60,000-mile term, measured from the sale date and the mileage on that date. Cancellation fee $50, which is the fee in the sample contract and the cap in Texas.
The owner. Cancels after 24 months and 30,000 miles. Drives 15,000 miles a year, which is faster than the 12,000 a year the term assumes.
By time. 36 of 60 months remain, which is 60 percent. 60 percent of $3,000 is $1,800.
By mileage. 30,000 of 60,000 miles remain, which is 50 percent. 50 percent of $3,000 is $1,500.
The obligor’s pick. $1,500, because it is the lesser. Less the $50 fee: $1,450.
If the contract deducts claims paid. The sample contract we read subtracts the total of all authorized claims from the refund. If this owner had a $600 repair paid under the contract in year one, the refund becomes $850. Texas does not allow that deduction on contracts sold since September 1, 2017, so a Texas owner on the same facts gets $1,450.
Now flip the driver. Same contract, same 24 months, but only 18,000 miles driven. By time, still $1,800. By mileage, 42,000 of 60,000 remain, which is 70 percent, or $2,100. The lesser is now the time figure, $1,800, and the check is $1,750. The obligor did not change its method. It changed its answer to match the smaller number, which is exactly what the contract was drafted to let it do.
The fee, and where it is capped
The cancellation fee is a fixed deduction and it comes off after the pro-rata calculation, not before. Three states we checked against the statute text set a ceiling:
- California: 10 percent of the contract price or $25, whichever is less. On a $3,000 contract that is $25.
- Washington: $25, and only after the first 30 days. The provider also owes a 10 percent penalty on any refund it fails to pay within 30 days of receiving the contract back.
- Texas: a reasonable fee not to exceed $50, and the refund is due before the 46th day after the provider receives the cancellation notice, with a 10 percent monthly penalty on anything still outstanding after that.
Florida works differently. Its financial regulator describes a 60-day window with a refund of 100 percent of the gross premium less claims paid and an administrative fee capped at 5 percent, then not less than 90 percent of the unearned pro rata premium less claims after that. Ten percent of the unearned share is a bigger deduction than a $25 fee on most contracts, so the state you are in matters more than the fee line in the contract.
Where a state sets no cap, the contract’s fee stands. The sample contract charges $50 in its base terms and $25 or 10 percent under some state riders, which tells you the seller charges the most each state lets it charge. The fee is a state-by-state variable and the base contract is the ceiling.
Where the number lands
The refund the obligor calculates is not always the check you receive. If the service contract was financed into the car loan, the refund often goes to the lender and comes off the loan balance rather than to you. That is a different problem from the arithmetic and it has its own page. Run the math here, then read that page before you decide whether $1,450 in your hand and $1,450 off your principal are the same thing to you.
Before you send the letter
Three things to do with this page.
- Work both clocks yourself. Months used over total months, miles used over total miles. Take the smaller refund, subtract the fee, and subtract paid claims if the contract says so. That is the floor. If the check is lower, ask in writing how it was calculated, and file with your state regulator if the answer does not add up.
- Read the cancellation clause for the deciding phrase. “Lesser amount,” “at our option,” “less claims paid,” and the fee figure. They are all in the same paragraph.
- Decide whether the number is worth the coverage you give up. A refund of $1,450 on a car with a known transmission problem is not obviously a good trade. The FTC’s guidance is that the value of a service contract is only as good as the company responsible for coverage, and that is a judgment about your car and your administrator, not about the arithmetic. The keep-or-cancel page walks through it.
This is general information, not legal advice. The clocks, the fee, and the claims deduction all come from a contract we have not read and a state statute we may not have checked. Put your actual documents in front of an attorney licensed in your state before you rely on any of it for something that matters.
Sources
- California Civil Code section 1794.41 (pro rata refund by elapsed time or objective measure of use, at the obligor's option; fee capped at the lesser of 10 percent or $25)
- RCW 48.110.075 (Washington: pro rata by elapsed time or mileage, $25 fee cap, 10 percent late penalty)
- Service Contract Providers: Frequently Asked Questions - Texas Department of Licensing and Regulation ($50 fee cap, refund before the 46th day, no claims deduction since 2017)
- Sample vehicle service contract (Endurance SecurePlus, form VSC-01D-SCP-EDS-2012): cancellation clause, 'lesser amount' by months or miles, $50 administrative fee, claims deducted
- Auto Warranties and Auto Service Contracts - FTC Consumer Advice
- Motor Vehicle Service Agreement Overview - Florida Department of Financial Services (60-day full refund less claims, 5 percent fee; 90 percent of unearned pro rata after)