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-   -   Battling dealership/Toyota for warranty replacement. (https://www.ft86club.com/forums/showthread.php?t=135716)

xenarc 07-11-2019 03:01 PM

This repair is not covered under warranty because the damage was intentional by the owner. Fighting with the stealer is a major headache.
why don't you just trade in the car ?

Tcoat 07-11-2019 03:10 PM

Whether it should be covered by warranty or not may be a moot point since it is a 2015. Need to know the original date of sale to the first owner to know if it is still even covered. If even over by 1 day than no point in even trying to fight.

James H 07-11-2019 03:11 PM

Quote:

Originally Posted by Atmo (Post 3235932)
El Presidente, I'm not an attorney but from reviewing Magnuson-Moss claims progress on several auto forums, a claim invoking M-M becomes a vicious cycle that almost always wears down the claimant financially and worse.

All manufacturers including Toyota use about the same verbiage in the owner's manuals saying that non-OEM parts of equivalent quality may be used.

Then it's up to the claimant to prove the non-OEM part was equivalent meaning documenting to the arbitrator's satisfaction that the part was designed, manufactured, tested and certified to perform at least equal to the OEM part.

Then if it is proven, the manufacturer's expert witness could blame the non-OEM and demand the claimant pursue the non-OEM manufacturer as co-warrantor and the process repeats.

This assumes the claimant can first prove no abuse occurred, an almost impossible task.

Most will fold the tent and move on with nothing to show but attorney's fees exceeding what would've been the cost of repair.



In reality, you are paying your lawyer for each minute while the manufacturer has a legal department and engineers on staff... and they can write off their legal expense against taxes, you can't. The odds are stacked in their favour. Sure there is a chance you can pull it off but it's like playing blackjack against the house in Vegas.

Atmo 07-11-2019 03:32 PM

Quote:

Originally Posted by James H (Post 3235940)
In reality, you are paying your lawyer for each minute while the manufacturer has a legal department and engineers on staff... and they can write off their legal expense against taxes, you can't. The odds are stacked in their favour. Sure there is a chance you can pull it off but it's like playing blackjack against the house in Vegas.

And the arbitration programs, free to consumers, are funded by auto manufacturers in most states.

finch1750 07-11-2019 03:49 PM

Quote:

Originally Posted by Tcoat (Post 3235938)
Whether it should be covered by warranty or not may be a moot point since it is a 2015. Need to know the original date of sale to the first owner to know if it is still even covered. If even over by 1 day than no point in even trying to fight.

That's true. It could be passed the 5 years. I assumed it is in warranty time period still.

Tcoat 07-11-2019 03:52 PM

Quote:

Originally Posted by finch1750 (Post 3235953)
That's true. It could be passed the 5 years. I assumed it is in warranty time period still.

I did as well until I remembered we are more than half way through 2019 already.
Could also have been sold in 2014.

Dake 07-11-2019 04:31 PM

Standard warranty is only 3 years/36k miles right? So it's out regardless. Or did I miss where the OP bought extended?

Dadhawk 07-11-2019 04:40 PM

Quote:

Originally Posted by Dake (Post 3235968)
Standard warranty is only 3 years/36k miles right? So it's out regardless. Or did I miss where the OP bought extended?

If it can be determined to be a result of something that would have been covered by the valve recall, Toyota should pay to fix it, even if the recall wasn't done.

The difficulty is getting that approved by Toyota.

Oh, and the drivetrain is 5/60000

Tcoat 07-11-2019 04:54 PM

Quote:

Originally Posted by Dadhawk (Post 3235972)
If it can be determined to be a result of something that would have been covered by the valve recall, Toyota should pay to fix it, even if the recall wasn't done.

The difficulty is getting that approved by Toyota.

Oh, and the drivetrain is 5/60000

It is a 2015.

Dadhawk 07-11-2019 05:05 PM

Quote:

Originally Posted by Tcoat (Post 3235980)
It is a 2015.

Well, never mind then on the recall.

Tcoat 07-11-2019 05:07 PM

Quote:

Originally Posted by Dadhawk (Post 3235988)
Well, never mind then on the recall.

So far.

Dake 07-11-2019 08:24 PM

Oh yeah forgot about the powertrain.

Lonewolf 07-12-2019 12:16 AM

I posted this 5-6 years ago to help with warranty basics:


***DISCLAIMER: The subsequent material does not constitute legal advice or legal representation in any way, shape, or form. The material is provided for ENTERTAINMENT PURPOSES ONLY, and was originally posted on an Internet community forum. The views expressed herein do not necessarily reflect the views of the owners, moderators, or administrators of the Internet forum. No portion of the subsequent material may be reproduced, retransmitted, copied, posted, printed, downloaded, or linked without express written consent from a site administrator.


There is a great deal of confusion regarding vehicle modifications and manufacturer warranties on the Internet. What follows are some simplistic clarifications to help consumers navigate the murky waters of vehicle modifications and warranties.


Magnusson-Moss Warranty Act: This act provides a host of benefits for common consumers, and some protections for automotive enthusiasts as well. The Magnusson-Moss Warranty Act may be viewed as a federal "lemon law" (California's state lemon law is the Song-Beverly Consumer Warranty Act). Lemon laws serve the basic function of protecting the consumer from vehicle defects and improper warranty denial or abuse.


Magnusson-Moss provides that before a manufacturer can deny warranty coverage as a result of a vehicle modification (e.g., aftermarket exhaust or wheels), the manufacturer must provide proof or evidence that the aftermarket part caused or contributed to a warranty concern or issue. [*Please check your owner's manual for the extent and duration of all vehicle warranties before attempting to assert protections provided by Magnusson-Moss.]

For example, if you have an aftermarket exhaust, and you take your car to the dealership to service a transmission issue, the manufacturer must demonstrate a causal link between your aftermarket exhaust and the transmission issue in order to deny warranty coverage that would have addressed the transmission issue.



In the event that an aftermarket part or component is found to have caused or contributed to a warranty issue, then the warranty for that specific manufacturer part is no longer valid; the warranty for the rest of the vehicle still remains in effect. For example, a manufacturer cannot void your powertrain (engine/transmission) warranty because you installed an aftermarket stereo head unit and amplifier in your car, and your factory speakers are now blown and no longer functional. Only the portion of the manufacturer's warranty for the vehicle's factory (original) sound system is affected. Your powertrain warranty remains intact despite the fact you modified the interior of your car, damaged the factory speakers, and no longer have warranty coverage for your factory/original sound system.


Real World Implications: Despite the protections provided by Magnusson-Moss, many automotive dealerships (which are independently owned and operated) will attempt to void vehicle warranties (or refuse service under warranty) because of aftermarket parts or modifications because they know that many people are not aware of their rights, will not go through the trouble of fighting the dealership and/or manufacturer, or do not want to wait to have vehicle service performed at a later date. *Remember that your vehicle warranties are through the manufacturer, and that the dealership is compensated by the manufacturer for warranty service when the service is approved by the manufacturer or its service divisions.


Preventative Solutions/Tips:
1) Try to have your vehicle serviced at a dealership that is fair and reasonable with respect to vehicle modifications. Inquire as to the dealership's stance regarding modifications before going in for service with aftermarket parts installed. Some dealerships are owned by enthusiasts and they appreciate the modifications performed by owners, and other dealerships don't want to deal with the potential liability or headaches that come with servicing modified vehicles under warranty. There are many dealerships that take no issue with modifications such as air intakes, cat-back exhausts, lowering springs, and aftermarket wheels, but draw the line at more involved modifications such as forced induction or aftermarket tunes. Conversely, there are dealerships that will take issue with minor modifications such as an aftermarket air filter or an axle-back exhaust.


2) Certain manufacturers provide branded performance parts such as intakes and lowering springs from in-house racing developers or third party affiliates such as TRD or STi. Performance upgrades from these sources are often backed with factory warranties so long as they are installed by a dealer. This is one potential way to avoid warranty hassles, but the trade-off is that these upgrade parts are limited in application and can be rather expensive.


3) Some dealerships will even install aftermarket (not from TRD or STi) parts for you, but be aware that if something goes wrong, and a warranty issue arises, all bets are off regarding your treatment by the dealership. If possible, get a written representation from the dealership that installed the aftermarket parts that you will be covered in the event of a subsequent warranty issue.


Editor's note: Organizations such as SEMA can provide you with more in-depth information and additional resources regarding the aftermarket industry and aftermarket parts.

Decep 07-16-2019 11:11 PM

from the dealer's perspective they probably think you ran it low on oil, screwed up the engine, filled it back up and brought it to them. i dont see an easy way out of this one. good luck in court.


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