Quote:
Originally Posted by theadmiral976
Do you know yet what part failed that dumped metal shavings into the engine? That is the first order of business. Everything else is irrelevant until you figure out the cause. Depending on what failed, you, the mechanic, service writer, Toyota, and your lawyer can start fighting about what caused the unknown part to fail (e.g. low oil, faulty part, improper repair such as over-doing sealant on a timing cover job).
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What part failed really doesn't matter if it's under warranty and he didn't do anything to cause the failure. When mine went in, they didn't say, "We'll tear it down to see what caused it, THEN decide whether to honor the warranty." They said, "It's under warranty, you're covered, here's your loaner car."
Furthermore, it sounds like the dealership has decided not to honor the warranty before actually finding the cause. How do they know it was something he did if they haven't done any work on it? They don't. Some shavings in the oil are not a substitute for disassembly and inspection.
Magnuson-Moss says they can't do that. If they're going to deny the warranty, they have to be able to show that he caused the problem, which is very unlikely if they haven't taken anything apart to find out what happened.