Engine Rod #3 Bent 2013 Scion FRS

[Summerwolf]

Originally Posted by 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)

It definitely doesn't sound like new parts. Sounds almost like a rebuilt bottom end.


OP - - I'd almost get the car back and driving and do the small claims thing like you're talking about. Unfortunately, this seems like the fastest way to have the car back. I wouldn't sign anything admitting fault or an agreement and definitely get the warranty on parts / labor they're doing in writing.


I don't think you should be paying for anything (if it happened exactly as you described obviously) but at least you're making headway in getting your vehicle back.

[ScoobsMcGee]

Originally Posted by Brandond15

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.

Sounds like a good lawyer to offer to help you with filing a case in small claims court. While I'm no legal professional, I would go with that. Closest thing to advice I can offer is to be patient, professional, polite, and reasonable in court. Might not even need to be said, but in most situations it will work out better than screaming. Also, as others have said, be sure to fully read and understand every document prior to singing it.

Best of luck, and hope it works out favorably.

[Brandond15]

Originally Posted by 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)

I would need a loan but possibly from a family member.

And no, it's not a brand new engine. It's a used engine with around 3,000-5,000 miles on it but it would come with a 1 year warranty again

[Brandond15]

Originally Posted by Summerwolf

It definitely doesn't sound like new parts. Sounds almost like a rebuilt bottom end.


OP - - I'd almost get the car back and driving and do the small claims thing like you're talking about. Unfortunately, this seems like the fastest way to have the car back. I wouldn't sign anything admitting fault or an agreement and definitely get the warranty on parts / labor they're doing in writing.


I don't think you should be paying for anything (if it happened exactly as you described obviously) but at least you're making headway in getting your vehicle back.

Yeah I don't think I should pay for any of it either but I just want my car back and to not have this big headache anymore

[wbradley]

I'd put out the money at this point if you cannot go almost indefinitely without a car. Definitely take your lawyer up on the instruction to file in small claims as well. There will be costs to file, but in this case probably worth the gamble. Or, just pay the fee and move on and appreciate the fact that you aren't paying out 100%. It makes one think really hard regarding buying a used car model that is frequently modified by the previous owner.

I guess it is appropriate now to say, "Caveat emptor".

[Brandond15]

Originally Posted by wbradley

I'd put out the money at this point if you cannot go almost indefinitely without a car. Definitely take your lawyer up on the instruction to file in small claims as well. There will be costs to file, but in this case probably worth the gamble. Or, just pay the fee and move on and appreciate the fact that you aren't paying out 100%. It makes one think really hard regarding buying a used car model that is frequently modified by the previous owner.

I guess it is appropriate now to say, "Caveat emptor".

Yeah I kind of want to pay for it now and then file the claim... Because then at least I'll have my car fixed and it wouldn't be the full amount I was going to have to pay at first.. Then if the small claims court thing doesn't work out, at least Toyota won't be able to cancel their deal of paying for the parts since it would have already been done.

[Brandond15]

Update: Actually just confirmed that it will be a brand new motor, not a used motor with low mileage.

It also comes with a 1 year unlimited mile warranty

[Clipdat]

You shouldn't have to pay for anything.

[Brandond15]

Originally Posted by Clipdat

You shouldn't have to pay for anything.

I agree. But for now I'm going to go ahead and pay for it and then go through with small claims court.

Reason is, I'm still paying my monthly payments ($401) plus insurance ($125) and I'm not even driving the car. So might as well get the car back as soon as possible so I can at least be using it and then go through with everything else to get my money back.

[BRZnut]

Originally Posted by Brandond15

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.

Sounds like sound advice. Let us know how this all plays out!!

[Shinigami301]

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.

Now you know why I said what I did. You got bad advice from the lawyer to begin with if he told you that.

[pantdino]

Originally Posted by Brandond15

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.

My thinking is that if it goes to trial the judge could order Toy to pay your legal fees, but if Toy decides to cover the repairs after an engineer looks at the case it won't go to trial and you'll have to pay the attorney. So keep his expense as low as you can as long as you can

[Brandond15]

Originally Posted by pantdino

My thinking is that if it goes to trial the judge could order Toy to pay your legal fees, but if Toy decides to cover the repairs after an engineer looks at the case it won't go to trial and you'll have to pay the attorney. So keep his expense as low as you can as long as you can

Yeah, won't be getting an attorney though. The one I was talking to told me this is better if done through small claims court where no attorneys are allowed and I'll have a higher chance there with less fees.

[RichardsFRS]

Originally Posted by Brandond15

I agree. But for now I'm going to go ahead and pay for it and then go through with small claims court.

Reason is, I'm still paying my monthly payments ($401) plus insurance ($125) and I'm not even driving the car. So might as well get the car back as soon as possible so I can at least be using it and then go through with everything else to get my money back.

Why are the monthly payments so much on a car with 39k on it
Dude I wouldn't even pay that for a new one let alone a used one, let alone a four banger. I pay 275 for this one and it had 43k on it when I bought it and I'm on track to pay off in 36 months now 24, if I don't trade it in for something else which is most likely to happen. 400$ a month just seems like a lot of money for a used car. You must have got raped on interest