Engine Rod #3 Bent 2013 Scion FRS

[pantdino]

Originally Posted by Brandond15

Lawyer fees wont come out of my pocket... I've already spoken to a lawyer about this.

But I agree with you on everything else.

They never replied to my email so I start the lawsuit process tomorrow.

AFAIK the only way the fees won't come out of your pocket is if the lawyer sues and is successful in having the defendant pay your legal and court fees.

Do you have an expert witness in mind if it comes to an arbitration or trial before a judge?

You may not need one because it is so obvious what happened and whoever Toyota sends probably won't know anything about the physics of hydrolock anyway.

[Brandond15]

Originally Posted by pantdino

AFAIK the only way the fees won't come out of your pocket is if the lawyer sues and is successful in having the defendant pay your legal and court fees.



Do you have an expert witness in mind if it comes to an arbitration or trial before a judge?



You may not need one because it is so obvious what happened and whoever Toyota sends probably won't know anything about the physics of hydrolock anyway.

Yeah, that's the plan. I'm certain I have a good case so Toyota will have to pay all the legal and court fees.

And no I don't have one but Toyota doesn't even have any sort of proof or evidence of anything that could have caused my rod to bend so they have no chance in winning anyway.

[Shinigami301]

Originally Posted by Brandond15

Yeah, that's the plan. I'm certain I have a good case so Toyota will have to pay all the legal and court fees.

And no I don't have one but Toyota doesn't even have any sort of proof or evidence of anything that could have caused my rod to bend so they have no chance in winning anyway.

This won't end well.

[Brandond15]

Originally Posted by Shinigami301

This won't end well.

And why do you think that?

If Toyota can't even say what caused my rod to bend, there's no reason why they should be denying the warranty repair.

[pantdino]

Originally Posted by Brandond15

Yeah, that's the plan. I'm certain I have a good case so Toyota will have to pay all the legal and court fees.

And no I don't have one but Toyota doesn't even have any sort of proof or evidence of anything that could have caused my rod to bend so they have no chance in winning anyway.

Hopefully when they get the suit Toyota will have an actual engineer look at the case and realize they should cover it. Try to minimize your legal fees, because if that happens you'll be out those fees.

And if it does go to a judge I don't know if you can assume the judge will definitely order Toy to pay your fees.

[Brandond15]

Originally Posted by pantdino

Hopefully when they get the suit Toyota will have an actual engineer look at the case and realize they should cover it. Try to minimize your legal fees, because if that happens you'll be out those fees.



And if it does go to a judge I don't know if you can assume the judge will definitely order Toy to pay your fees.

Well, the way I see it (correct me if I'm wrong), if we have to go through with the suit in order for Toyota to realize they can't deny warranty repairs, then they should pay for all the extra fees since they were supposed to fix it in the first place but just didn't want to. It doesn't make sense to me that I go through a lawsuit and if after that Toyota has to cover the warranty repairs, then I have to pay for the legal fees if they were supposed to cover the repairs in the first place and the only reason I had to get a lawyer in the first place was because they were wrongfully denying warranty repairs.

[Shinigami301]

I'm thinking of the case where a guy tried to sue Subaru after his kid money shifted his Impreza, and ended with a $75000 judgement for legal fees against him because it was a wrongful suit.

This stuff works both ways, and you better have your ducks in a row before you poke a multibillion dollar bear...

[Brandond15]

Originally Posted by Shinigami301

I'm thinking of the case where a guy tried to sue Subaru after his kid money shifted his Impreza, and ended with a $75000 judgement for legal fees against him because it was a wrongful suit.

This stuff works both ways, and you better have your ducks in a row before you poke a multibillion dollar bear...

Yeah if he money shifted it then of course it's his fault. With me though, I wasn't even driving the car.

[Brandond15]

Update!: Toyota just called me regarding the email I sent them last week. They told me this is only good will and this is not them taking fault for what happened to my engine but that they are offering to pay for the parts if I pay for the labor of putting the engine in.

Cost of labor, after discount, is $2,000. They also advised me to get a new clutch and flywheel on since it's already out and installation would be free, just need to pay for parts, which again after discount they'll give it to me for $900.

I'm not sure what I should do here. On one hand, I feel I shouldn't have to pay for anything. On the other, I just want to have my car back as soon as possible.

Any suggestions?

[Andew727]

i have a set of stock rods for sale... pm me if you need them

[Brandond15]

Originally Posted by Andew727

i have a set of stock rods for sale... pm me if you need them

Thanks but they would pay for a new engine.

[jimmillion]

This might be an odd approach, but how much would $2900 be putting you out? Is this a lot of money to you that you'd have to take out a loan?

if it's not, then I say go forward with it and call it a day. Just make sure you get everything in writing and that you do everything by the book so that this new engine/flywheel/clutch is covered under warranty incase anything god forbid happens in the future.

And you best make sure this new engine is a brand spanking new crate engine straight from Japan. (not that it wouldn't be)

[ScoobsMcGee]

Gather up all documentation and correspondence (emails, notes, whatever) and then have an at-length conversation with an attorney specializing in vehicular consumer protection before you do anything. Laws vary by state, but I'm not even sure the dealership can deny your warranty claim due to neglect or modifications from the previous owner. This could be an actual good faith effort, or it could be the dealership throwing you a bone so you don't take it to court and get the full costs. You are also not required to accept whatever settlement they offer you out of court, although it may be advisable. If you do hire a lawyer, and they say they'll only pay for the work/parts, you can reject it. At that point it comes down to how long you're willing to be without a car, provided that you do have a strong case. Either way, consult a professional who specializes in the field. I know you already spoke to a lawyer, but if he's just a friend of a friend who has a law degree, you may be doing more harm than good.

[Brandond15]

Originally Posted by ScoobsMcGee

Gather up all documentation and correspondence (emails, notes, whatever) and then have an at-length conversation with an attorney specializing in vehicular consumer protection before you do anything. Laws vary by state, but I'm not even sure the dealership can deny your warranty claim due to neglect or modifications from the previous owner. This could be an actual good faith effort, or it could be the dealership throwing you a bone so you don't take it to court and get the full costs. You are also not required to accept whatever settlement they offer you out of court, although it may be advisable. If you do hire a lawyer, and they say they'll only pay for the work/parts, you can reject it. At that point it comes down to how long you're willing to be without a car, provided that you do have a strong case. Either way, consult a professional who specializes in the field. I know you already spoke to a lawyer, but if he's just a friend of a friend who has a law degree, you may be doing more harm than good.

Actually just contacted the lawyer again and he told me it isn't a big enough case for him to get involved since I would have to pay for the fees. But he told me this could work through small claims court.

I told him about them paying for parts and he told me to contact my extended warranty and see if they'll pay for the labor. If they don't want to, then he told me to call him back and he'll guide me through the process of filing a claim through small claims court against both my extended warranty and toyota and have the judge decide who should pay for it.