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As a potential buyer and non-owner, I don't have access to the factory manual or warranty information. I see they quote a few times regarding "racing." I assume you have only been to HPDEs to this point and not actual competition events, per your description.
Your case may hinge on that, or it may be irrelevant semantics. If you don't already I would definitely get the full warranty information, as issued at the time of purchase, in writing. It is also worth noting that they can market the car as being track-oriented and still explicitly refuse to warranty damage caused by track-driving / racing / etc. Best of luck. These kinds of issues - and their resolutions - are what will dictate whether I pick up a 2014 or go with a different car all together. |
This is why I am glad that I am waiting until at least model year 2014. I hope that there issues are addressed sooner than later for current owners.
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*** Not legal advice disclaimer *** (please don't sue me)
If they are hinging on details and saying you were specifically denied warranty claims because they think you were "racing" then the term "racing" vs. tracking your car in an HPDE are two totally different things. Argue the difference and they may concede. In general, they have promoted this car as a track capable car as you've mentioned so you can also claim you bought this car and relied on that information. It's like the lawsuit of the false MPG claims. There's usually a way to settle but it requires effort on your part. Unfortunately, like with all lawsuits, it's all one big waste of time. Best of luck. Email me if you need any help. |
The fact that there are references to track use in marketing materials - is a non-starter. No manufacturer will cover a heavily-tracked car if they know it was tracked, there usually something in the warranty statement these days. I'd pursue the injector seal story. Hire a lawyer first (or have a lawyer-friend send them something in lawyereese) and see if that gets you an investigation approved. If not - you gonna have to have your car towed to an independent store and have it inspected (and later repaired on your own dime cause otherwise the wait might be quite long) there. Document everything. I doubt Subaru will acknowledge the issue until enough non-tracked BRZs fail for the same reason, so it might drag on for a while.
I might bring my car in and complain about the symptoms you listed (popping sounds when starting, some fluctuating idle etc and my car hasn't seen track yet) so just Subaru gets more data on this. I also need to bug them about another HPFP and a new pass-side window switch. |
So if I drive my car on the redline on the street and don't disable trac and I get this issue, will they claim I was racing and try to deny me?
Are they basing your racing use on the metal found or the online evidence. It seems they say the metal shavings mean you were racing but then reference other evidence. |
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You could certainly argue that it wasn't racing, it was spirited driving around a closed course. I took Reg Pridmore's "CLASS" motorcycle school 2 years ago at ORP. Over the 2 day event there were, i think, 3 "crashes"(one totaled bike, two just needed new plastics), all of them were totally covered by their insurance companies because it wasn't "racing", it was an instructed event with no winner and no prizes. I know thats not apples to apples, but i think its worth noting how the wording on official documents can be interpreted in several different ways. Either way, with a totally stock motor, you should be able to just about rev the nuts off it all day long and not have it seize. Bad form Subaru, bad form. |
These are e-mails #1 and #2 from Subaru. The e-mails in the OP are #3 and #4. I have posted these by request.
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Good luck with this one, Kang. Sorry to hear shit keeps happening to you.
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I had a similar issue with Suzuki and a pair of boat engines. Had to get a lawyer to get them to warranty the damage.
HPDE are not competition or racing events. The ones I attend are very specific about this. The main reason is for insurance purposes. No ordinary liability policy will cover a racing incident, but they do have to cover driver education events. The warranty seems to track this same distinction. I don't know what type of events you were participating in, but if they involved wheel to wheel racing for prizes or awards, then you may have a problem getting warranty coverage. Likewise, you wouldn't have coverage,if you spun, hit the wall, and damaged your car, under your auto policy. Good Luck. This may be an educational experience for a lot of us here who do HPDE but no actual racing. I assumed that we were safe under the warranty. Get your engine back and have it examined by an expert. See what the expert says about the cause of the failure. That will tell you whether you have a case or not. The explanations provided by Subaru are worthless. They give no specific reason for the failure. Get your engine back ASAP. |
Is the FA20 really that weak? The first engine failure could have been a manufacturer defect, but two engines in a row?
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If car is stock, why does it matter how it was driven?
If I buy a car with a 7k rpm redline, I'd expect it to operate at 7k all day long. |
Get a lawyer man
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