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Old 12-11-2016, 07:15 PM   #43
pantdino
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If your state has a small claims court system, I would try that first

A photo of your tach showing the redline greater than 7300 would convince most reasonable people that their claim is bogus. I think the judge would feel the same way.

What is their repair estimate?
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Last edited by pantdino; 12-11-2016 at 07:16 PM. Reason: added info
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Old 12-11-2016, 07:18 PM   #44
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No estimate written up. I'm not paying for them to tear it down so it's sitting complete.

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Old 12-11-2016, 10:05 PM   #45
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They are completely ignoring my requests to speak to the person that denied it.

Ive reported Toyota to the BBB and the VA AG Bearau of consumer protection.
Good, keep pushing on this. I'm sorry if I missed it if you already did, but send Toyota corporate a certified letter with return receipt stating the facts, and advising them that you will pursue this matter further unless they honor their warranty. This problem has occurred on completely stock cars with no signs of abuse. And as you said, 7,300 rpm is below the factory rev limiter.

You may also wish to file a case/complaint with the NHTSA describing the part failure:

https://www-odi.nhtsa.dot.gov/ivoq/Complaint.cfm
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Old 12-11-2016, 10:07 PM   #46
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Good, keep pushing on this. I'm sorry if I missed it if you already did, but send Toyota corporate a certified letter with return receipt stating the facts, and advising them that you will pursue this matter further unless they honor their warranty. This problem has occurred on completely stock cars with no signs of abuse. And as you said, 7,300 rpm is below the factory rev limiter.
Already filed a BBB and Attorney General complaint, both containing the facts addressed in this thread, which I got notification that both complaints have been sent off to Toyota.

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Old 12-11-2016, 10:10 PM   #47
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Already filed a BBB and Attorney General complaint, both containing the facts addressed in this thread, which I got notification that both complaints have been sent off to Toyota.

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The BBB is useless. The AG might actually look into it, the NHTSA complaint might actually get Toyota's attention, as will a certified letter. I've dealt with warranty issues and legal proceedings before...
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Old 12-11-2016, 10:11 PM   #48
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The BBB is useless. The AG might actually look into it, the NHTSA complaint might actually get Toyota's attention, as will a certified letter.
I've had good luck with the BBB before, but didn't think of the NHTSA. Will look into that tomorrow.

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Old 12-11-2016, 11:27 PM   #49
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Have you contacted your region Toyota HQ?
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Old 12-11-2016, 11:35 PM   #50
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Have you contacted your region Toyota HQ?
Tried to call the only one I could find and they told me to take it up with Toyota Customer Care.

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Old 12-11-2016, 11:41 PM   #51
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do it.
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Old 12-12-2016, 08:46 AM   #52
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This may be an ignorant idea but do you think you could tow the car to a Subaru dealer for repairs instead?
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Old 12-12-2016, 09:58 AM   #53
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This may be an ignorant idea but do you think you could tow the car to a Subaru dealer for repairs instead?
Highly doubt they would do anything as its "not their car".


Well Toyota blew off the BBB which could definitely be expected but too many complaints isn't a bad thing. Filed a complaint with NHTSA as mentioned above and the FTC this morning. Will be mailing off a certified letter tomorrow requesting an official denial in writing and then I'll most likely take them to small claims in my state for $5,000 and fix the thing myself.

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Old 12-12-2016, 10:25 AM   #54
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as others pointed out, it is possible to have misfires that do happen without throwing a code. To throw a code a series of misfires have to happen in X amount of time. That is not saying hooked up to a Snap On scan tool that you can't see it happening here or there(if your engine was running "fine" before hand).

Now the fact they have admitted that they can't pull accurate data from when it happened makes this a closed case for you as far as a lawyer is concerned. If they can't get data to show a misfire overrev that is from the time of the incident they lose.

If you misfire or oil pump failure or ANYTHING accelerating for an on ramp and did not hit rev limiter you have a case. If you bounce that rev limiter even once it will misfire probably.
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Old 12-12-2016, 10:49 AM   #55
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Regardless of a misfire or not they are denying for an over rev at 7300. That's not an over rev. Even the owners manual states it can go to 7400.

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Old 12-12-2016, 01:57 PM   #56
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If you misfire or oil pump failure or ANYTHING accelerating for an on ramp and did not hit rev limiter you have a case. If you bounce that rev limiter even once it will misfire probably.
It can bounce off of the factory rev limit all day as long as the oil doesn't overheat. The rev limit argument is total BS.
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