Should i void my warranty if i plan on building a track car?

[aznatama]

I don't think fees are covered. Atty fees are usually not included in damages unless statute provides, so if you fight it, you're still out the legal fees, which could cost as much as the car itself.

[extrashaky]

Originally Posted by aznatama

I don't think fees are covered. Atty fees are usually not included in damages unless statute provides, so if you fight it, you're still out the legal fees, which could cost as much as the car itself.

My understanding is that one of the exceptions to the "American Rule" that requires you to pay your own lawyer is that a judge or arbitrator can award attorney's fees as an equitable remedy if doing otherwise would be unfair to the injured party. In other words, if the judge thinks it's unfair that you were denied warranty coverage and had to pay out of pocket to fight the deep pocketed dealership, he or she can require the dealership to pay your fees. That might not happen, but the dealership being sued can't be sure it won't. You can use that uncertainty to your advantage.

Besides, we're not really talking about huge cases racking up tens of thousands in legal bills. These are fairly simple cases. Either your mod caused the failure or it didn't. You're not going to need private investigators digging up dirt on the service manager or combing through corporate emails. It's going to be the dealer putting a mechanic on the stand and you putting a mechanic on the stand, and the judge is going to side with whoever sounds more knowledgeable. Some of these disputes could be handled in small claims court. Most will end up in arbitration with a simplified process because it's already in the sales contract to handle it that way. The legal fees on these things are going to be limited to a meeting or two with the lawyer to prep you for the court date (which the lawyer probably won't even attend) and whatever you end up paying your expert witness.

[strat61caster]

Track days are non-competitive and thus are not grounds for dismissing a warranty claim.

[aznatama]

Originally Posted by strat61caster

Track days are non-competitive and thus are not grounds for dismissing a warranty claim.

Read that evo story?

Competition/racing or use outside normal operation of the vehicle will void warranty. My bet is that Off-Road use constitutes "outside normal operation," and yes, tracks are "off-road." Likewise, any "track day" is likely competitive, ESPECIALLY if there is a TIMER and RANKING of participants (pretty much ALL auto-x). While a road course that is strictly not timed may be able to sidestep the "competition/racing" clause, it would likely still fall under the "abuse" clause or otherwise not considered "normal use."

Subaru Warranty Excerpts:


What is Covered:
These warranties cover any repairs needed to correct defects in material or workmanship reported during the applicable warranty period and which occur under normal use


What is Not Covered:

Damage Caused Due to Use of Vehicle in Competitive Events

These warranties do not cover damage to any component that is the result of operating the vehicle in any competition or racing event.

Damage or Malfunction Due to Abuse, Neglect, Accident or Fire

[Turbowned]

I figured when I bought mine: "I've never had a warranty before; why start now?"

[strat61caster]

@aznatama

See the words you post should support use at an HPDE, a High Performance Driving Event or High Performance Driving Education, it is non competitive and using the vehicle within it's OEM design, you're using the engine the OEM gave you to go around corners that the OEM advertises the vehicle going around (Nurburgring, Laguna Seca, Buttonwillow).

Now whether or not an OEM honors the language they wrote is another discussion (well aware of Subaru and especially Mitsubishi screwing their customers), bottom line is driving a car hard within it's design parameters as it's sold to the public on any road should be covered.

http://oppositelock.jalopnik.com/the...tor-1506180244

I guess the sticking point is: what is normal operation? Is taking a Toyobaru around a corner at a speed where the tires exceed their grip limits and the engine is pegged at 7,200 rpm "normal"? I mean, they put out a helluva lot of promotional material demonstrating that it was, does it matter if the corner is a closed circuit or on your commute?

[Djratrap]

Originally Posted by wallace03

I Can't decide if i want to void my warranty (planning on extending it) with headers and a tune. I plan on building a RSTI for my designated track car, but i still want my BRZ to have a little more zip even as my daily. As of now i would really prefer to stay NA for the responsiveness and reliability. I'm also coming up on 36k miles. Do you guys think replacing the headers and getting a tune is worth voiding the warranty? I know it will ultimately be my decision, so i'm just looking for input.

I wouldn't, if i had to replace my cam gears outside of warranty i'm sure it would have not been fun. I had the issue occur around 38-39k.

[wallace03]

Ya'll really went off topic. My question was if its worth voiding warranty, not what does and doesn't void it. It's kinda irrelevant because i forgot i've track my car once, i'll probably talk to the dealership and see what they say. If anything i'll just go with an insurance company that covers everything.

[mav1178]

Originally Posted by wallace03

Ya'll really went off topic. My question was if its worth voiding warranty, not what does and doesn't void it. It's kinda irrelevant because i forgot i've track my car once, i'll probably talk to the dealership and see what they say. If anything i'll just go with an insurance company that covers everything.

You cannot void it if you continue to own the car. A warranty is offered on the car up to mileage or time limits, it's not you can opt out of because it is the manufacturer that offers it, not you.

You will be denied warranty claims if you make mods that will impact the parts that may fail due to the mods.

A fundamental understanding of how a warranty works would answer your question. Or ask a different question: "Do I want to give up rights to warranty claims on my car if parts fail?"

-alex

[aznatama]

I don't think that's what op meant, but we've got everything covered.

[weepel]

Relevant or not to the OP question, definitely found the discussion interesting. Not being a lawyer (but having taken a few business law courses in college), the responses definitely shed some light into contract law and how it impacts our hobby.

As for the OP - I'm somewhat in the same boat. I purchased the extended 5-year warranty from Subaru when I purchased the vehicle last year, under the assumption that I wouldn't want to track it or modify it before then. Here I find myself one year later looking at HPDE events and considering modifications (significant or otherwise). So far my approach is to ebb on the side of caution and maintain my warranty. Whether or not I make it all five years is another story...

[mav1178]

Originally Posted by aznatama

I don't think that's what op meant, but we've got everything covered.

But that's just it... we all know what he means. It's everyone else that may be reading this thread that will be the ones confused.

Best to promote a correct understanding of warranty and how it relates to us, than to perpetuate the myth that you somehow "void" warranty coverage with mods.

-alex

[aznatama]

Fwiw, you can usually get a full refund on the extended warranty as long as the extended portion has not yet started.

[mav1178]

Originally Posted by aznatama

Fwiw, you can usually get a full refund on the extended warranty as long as the extended portion has not yet started.

Not true.

You get a pro-rated refund 3 months after you purchase.

Source: I cancelled mine right at the 3-month mark on the last day possible for a full refund.

-alex

Edit: This is applicable to Subaru. The actual terms will vary depending on contract details and who is offering the service contract (manufacturer or 3rd party).