Engine blown within warranty...not covered
#2
Re: Engine blown within warranty...not covered
Originally posted by 3.0HO
My engine blew on my 2001 5spd. I am within warranty but am being told that because I have a stillen intake and cattman y-pipe the warranty would not cover a replacement? How do I proceed?
My engine blew on my 2001 5spd. I am within warranty but am being told that because I have a stillen intake and cattman y-pipe the warranty would not cover a replacement? How do I proceed?
#6
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Originally posted by ILoveMyMax
aftermarket parts voided ur **** man...
aftermarket parts voided ur **** man...
They haven't told me offically what is wrong but that it probably needs a new engine but can't do anyting because of the intake and y.
#8
Originally posted by 3.0HO
I don't understand how an intake and y-pipe blows my engine?
They haven't told me offically what is wrong but that it probably needs a new engine but can't do anyting because of the intake and y.
I don't understand how an intake and y-pipe blows my engine?
They haven't told me offically what is wrong but that it probably needs a new engine but can't do anyting because of the intake and y.
This may be wrong, but last I knew, they had to prove the aftermarket part caused the problem to not cover it. EX: If the MAF sensor went bad and you have an intake, they can say its because the intake. But, if you put a hole in a piston, threw a rod, etc, that has nothing to do with intake, y-pipe.
my .02
#9
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Originally posted by SR20DEN
Put the stock parts on then try again. If they refuse you must take them to court. They legally have to PROVE your items caused the faliure.
Put the stock parts on then try again. If they refuse you must take them to court. They legally have to PROVE your items caused the faliure.
If I have to pay I will take them to court just wondering how I should proceed before going to that extent?
#11
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Originally posted by CBass69187
This may be wrong, but last I knew, they had to prove the aftermarket part caused the problem to not cover it. EX: If the MAF sensor went bad and you have an intake, they can say its because the intake. But, if you put a hole in a piston, threw a rod, etc, that has nothing to do with intake, y-pipe.
my .02
This may be wrong, but last I knew, they had to prove the aftermarket part caused the problem to not cover it. EX: If the MAF sensor went bad and you have an intake, they can say its because the intake. But, if you put a hole in a piston, threw a rod, etc, that has nothing to do with intake, y-pipe.
my .02
#12
Originally posted by 3.0HO
Will taking it to another dealer really help? Nissan head office knows the issue and making the call. My vin number is going to have all the data at this point right?
If I have to pay I will take them to court just wondering how I should proceed before going to that extent?
Will taking it to another dealer really help? Nissan head office knows the issue and making the call. My vin number is going to have all the data at this point right?
If I have to pay I will take them to court just wondering how I should proceed before going to that extent?
#14
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Originally posted by NickStam
ya, you should have put oem stuff back on first.
ya, you should have put oem stuff back on first.
#16
the engines are exactly the same....the type of tranny it was doesnt matter. i'd do wat everyone else said.... bring your car back to stock and then take it to another dealer, what area are you from? maybe someone can suggest a dealer thats a lil more "mod friendly"
#17
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Originally posted by 95emeraldgxe
the engines are exactly the same....the type of tranny it was doesnt matter. i'd do wat everyone else said.... bring your car back to stock and then take it to another dealer, what area are you from? maybe someone can suggest a dealer thats a lil more "mod friendly"
the engines are exactly the same....the type of tranny it was doesnt matter. i'd do wat everyone else said.... bring your car back to stock and then take it to another dealer, what area are you from? maybe someone can suggest a dealer thats a lil more "mod friendly"
#19
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Originally posted by ILoveMyMax
I think the main problem your goign to have is with the Y, specially stated ILLEGAL part + only for offroad use. gl though hope you can figure something out.
I think the main problem your goign to have is with the Y, specially stated ILLEGAL part + only for offroad use. gl though hope you can figure something out.
#21
Originally posted by 3.0HO
Will taking it to another dealer really help? Nissan head office knows the issue and making the call. My vin number is going to have all the data at this point right?
If I have to pay I will take them to court just wondering how I should proceed before going to that extent?
Will taking it to another dealer really help? Nissan head office knows the issue and making the call. My vin number is going to have all the data at this point right?
If I have to pay I will take them to court just wondering how I should proceed before going to that extent?
As for going through court, do you actually have legal grounds to win?? And if you do, do you have the funds to see a court case fully to conclusion?? Nissan's budget for lawyers is bigger than yours.
#22
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Originally posted by StygianMax
What did you mean by "making the call"? I take it you're still within the period/mileage of your warranty coverage. You shouldn't make the foregone conclusion that details of your mods are in their Nissan database. It may or it may not so you might as well push things as far as you can until they stop you solidly.
As for going through court, do you actually have legal grounds to win?? And if you do, do you have the funds to see a court case fully to conclusion?? Nissan's budget for lawyers is bigger than yours.
What did you mean by "making the call"? I take it you're still within the period/mileage of your warranty coverage. You shouldn't make the foregone conclusion that details of your mods are in their Nissan database. It may or it may not so you might as well push things as far as you can until they stop you solidly.
As for going through court, do you actually have legal grounds to win?? And if you do, do you have the funds to see a court case fully to conclusion?? Nissan's budget for lawyers is bigger than yours.
It is under $5000 so I will bring it to small claims. Won't cost me tht much...time more than anything.
#25
I think he forgot to mention his mis shift to second instead of fourth from 5th gear at a mear 90mph
But yes the dealer has to prove that those mods did cause the engine prbs. So its worth your time to keep plugging at it...
But yes the dealer has to prove that those mods did cause the engine prbs. So its worth your time to keep plugging at it...
Originally posted by MadMax95
#26
Thre intake will mess up the A/F ratio? Cool. So they can prove the messed up A/F ratio caused the failure.
Demand to know what is wrong with the engine - why are they recommending a new engine? Or take it to another dealer for a second opinion, or even an independent garage. If you can get written statements or affadavits from two additional qualified mechanics on what caused the failure (and hopefully it was not the mods) then you'll have a much easier time in small claims court. You sure the SCC upper limit is $5K? It's usually $3k I thought...
Either way, they do have to prove that the mods caused the failure. The legality of the mods is between you and the EPA. Is the timing belt broke then they cannot claim your intake was responsbible. Having said that - if they turn around and say the intake allowed more air in causing a lean condition and that's what burned up the engine, then you're SOL.
And I'm not surprised they are fighting this. That's $5k - of course they are fighting it. Don't take their reluctance to pay out as any kind of commentary on the strength of your legal position. They are absolutely gonna claim all kinda of stupid crap. Stick to your guns. Get a 2nd and third opinion.
Demand to know what is wrong with the engine - why are they recommending a new engine? Or take it to another dealer for a second opinion, or even an independent garage. If you can get written statements or affadavits from two additional qualified mechanics on what caused the failure (and hopefully it was not the mods) then you'll have a much easier time in small claims court. You sure the SCC upper limit is $5K? It's usually $3k I thought...
Either way, they do have to prove that the mods caused the failure. The legality of the mods is between you and the EPA. Is the timing belt broke then they cannot claim your intake was responsbible. Having said that - if they turn around and say the intake allowed more air in causing a lean condition and that's what burned up the engine, then you're SOL.
And I'm not surprised they are fighting this. That's $5k - of course they are fighting it. Don't take their reluctance to pay out as any kind of commentary on the strength of your legal position. They are absolutely gonna claim all kinda of stupid crap. Stick to your guns. Get a 2nd and third opinion.
#27
Technically the dealer is correct. Because you abused the engine and blew it up. But if you put the stock parts back in, you "might" have a chance at the warranty. What are going to say when the dealer asks WTF happened?
Did you say you were going to sue? On what grounds?
Did you say you were going to sue? On what grounds?
Originally posted by infinitiblast
I think he forgot to mention his mis shift to second instead of fourth from 5th gear at a mear 90mph
But yes the dealer has to prove that those mods did cause the engine prbs. So its worth your time to keep plugging at it...
I think he forgot to mention his mis shift to second instead of fourth from 5th gear at a mear 90mph
But yes the dealer has to prove that those mods did cause the engine prbs. So its worth your time to keep plugging at it...
#28
Hey man just saw your problems and wow. You do have legal ground if they cannot prove that your aftermarket parts caused the problem as say's the Magnuson-Moss Warranty act of 1975. I have saved a couple of Audi's from getting screwed by dealerships in similar insances so I hope this helps you.
http://www.usdieselparts.com/mmwa.cfm
Let me know if it helps.
http://www.usdieselparts.com/mmwa.cfm
Let me know if it helps.
#29
What if they can prove he missed a gear, reved the engine to 10,000 rpm and grenated the motor?
Originally posted by Street Reeper
Hey man just saw your problems and wow. You do have legal ground if they cannot prove that your aftermarket parts caused the problem as say's the Magnuson-Moss Warranty act of 1975. I have saved a couple of Audi's from getting screwed by dealerships in similar insances so I hope this helps you.
http://www.usdieselparts.com/mmwa.cfm
Let me know if it helps.
Hey man just saw your problems and wow. You do have legal ground if they cannot prove that your aftermarket parts caused the problem as say's the Magnuson-Moss Warranty act of 1975. I have saved a couple of Audi's from getting screwed by dealerships in similar insances so I hope this helps you.
http://www.usdieselparts.com/mmwa.cfm
Let me know if it helps.
#30
Originally posted by Jeff92se
What if they can prove he missed a gear, reved the engine to 10,000 rpm and grenated the motor?
What if they can prove he missed a gear, reved the engine to 10,000 rpm and grenated the motor?
When he did this he bent his exhaust valves, warped a rod and the crank (the crank was able to be machined though.) All in all it cost him about 2,000 and the car ran great until he totalled it.
But again according to the 1975 act it is the responsibility of the dealer to provide proof of what the cause was and why the modifications would have caused it. If it was a misshift then that would have nothing to do with modifications, they should just say why the warranty does not cover it for the right reasons.
I always keep my stock parts incase I need to replace them anytime I need warranty work, even the clear corners.
#33
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Originally posted by Street Reeper
That did happen to my roomates 2000 Integra Hype R and since it was his fault than the warranty did not cover it, just as neglecting regular maintenance would be your fault and a warranty would not cover that.
When he did this he bent his exhaust valves, warped a rod and the crank (the crank was able to be machined though.) All in all it cost him about 2,000 and the car ran great until he totalled it.
But again according to the 1975 act it is the responsibility of the dealer to provide proof of what the cause was and why the modifications would have caused it. If it was a misshift then that would have nothing to do with modifications, they should just say why the warranty does not cover it for the right reasons.
I always keep my stock parts incase I need to replace them anytime I need warranty work, even the clear corners.
That did happen to my roomates 2000 Integra Hype R and since it was his fault than the warranty did not cover it, just as neglecting regular maintenance would be your fault and a warranty would not cover that.
When he did this he bent his exhaust valves, warped a rod and the crank (the crank was able to be machined though.) All in all it cost him about 2,000 and the car ran great until he totalled it.
But again according to the 1975 act it is the responsibility of the dealer to provide proof of what the cause was and why the modifications would have caused it. If it was a misshift then that would have nothing to do with modifications, they should just say why the warranty does not cover it for the right reasons.
I always keep my stock parts incase I need to replace them anytime I need warranty work, even the clear corners.
#35
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Originally posted by Jeff92se
What about the mis-shift into 2nd at 90mph? Even if that didn't finish out the motor right then, I probably did the damage that resulted in the final blow a short time later.
What about the mis-shift into 2nd at 90mph? Even if that didn't finish out the motor right then, I probably did the damage that resulted in the final blow a short time later.
#38
Originally posted by 3.0HO
Nope that came out of no where.
The dealer isn't tell me what is wrong. Just need a new engine. Nissan won't cover it because of my intake and y-pipe. Thats all they are saying.
Nope that came out of no where.
The dealer isn't tell me what is wrong. Just need a new engine. Nissan won't cover it because of my intake and y-pipe. Thats all they are saying.
I'm trying to understand what happened.
#39
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Originally posted by MadMax95
What happened? It just popped, then revved freely. What do you mean?
I'm trying to understand what happened.
What happened? It just popped, then revved freely. What do you mean?
I'm trying to understand what happened.
#40
I would honestly reffer them to the Magnuson-Moss Warranty Act of 1975 (take in a printed copy of the act) and tell them you will file a formal complaint with the Federal Trade Commission if they wish to remain dealing with this problem illegaly (1-877-FTC-HELP )
Trust me dealerships will screw you everytime, usually when the law is brought up they will start listening.
Read the link that I posted, it has helped others and if what you say is true (it just happened kind of randomly) than it should help you too.
http://www.usdieselparts.com/mmwa.cfm
At least take the first steps, you might go ahead and call the FTC and state your case to them without disclosing your name or the dealership. They will be able to tell you a lot more, after all we are talking about some big money for a new engine so a little work might be worth it.
Good luck and keep us posted.
In the future always return your car to stock before taking it anywhere.
Trust me dealerships will screw you everytime, usually when the law is brought up they will start listening.
Read the link that I posted, it has helped others and if what you say is true (it just happened kind of randomly) than it should help you too.
http://www.usdieselparts.com/mmwa.cfm
At least take the first steps, you might go ahead and call the FTC and state your case to them without disclosing your name or the dealership. They will be able to tell you a lot more, after all we are talking about some big money for a new engine so a little work might be worth it.
Good luck and keep us posted.
In the future always return your car to stock before taking it anywhere.