Considering class-act lawsuit against Mitsubishi
#17
Originally Posted by smittyinva
It is far from complicated. They already figured it out. It is the factory flywheel horespower rating. If an exhuast adds power, it also adds stress. They felt that the transmission would last through the duration of the drivetrain warranty at the as-delivered engine output. If a modification creates 1hp, their position is justified and sound. You will not win.
BTW, it's "class action" not "class act".
BTW, it's "class action" not "class act".
Compression test on brand new motor should = "xxx". On delivery of vehicle, compression = "xxx - 55" on one cylinder. Customer switched to smaller diameter brakes and tires for the winter same day of delivery and drove 1 mile. Smaller diameter wheels and brakes would = more than 1hp to the ground so therefore the motor warranty is void?
#18
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hmm .. i dont if your adding stress to the sytem by more power, then i dont see why they have to pay for it.. a legimtimate class action would be on the brembos.. which we expected to be red forever when we purchased the car! instead the paints peeling off of them.
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Originally Posted by smittyinva
It is far from complicated. They already figured it out. It is the factory flywheel horespower rating. If an exhuast adds power, it also adds stress. They felt that the transmission would last through the duration of the drivetrain warranty at the as-delivered engine output. If a modification creates 1hp, their position is justified and sound. You will not win.
And how is Mitsubishi supposed to prove how much horsepower you have added to your Evo? It's not like they dyno em before they leave the factory...
I still say if they can't prove the failure was caused by mods, and if there was indeed a factory defect to begin with, then they should take responsibility...
Not trying to start arguments here, just wanted to voice some thoughts...
#21
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Coming from someone who has spent thousands of hours in the court room, it will all come down to who has the most convincing argument in the court room, on that day (and yes money talks... meaning the attorney with the biggest budget for research and presentation), with that particular judge or jury... you guys would flip your lids if you really knew how easily the laws of the land are done, and un-done...
Not only good luck, but keep me posted
Not only good luck, but keep me posted
#22
The mods you listed intake, exhaust, intercooler piping, and boost controller have shown to increase power by what 10-15% on this board and that's being conservative. That's a big increase and you mentioned that before you even took it in to be looked at you felt that it was probably your fault from driving. Which means you were either driving it very hard or missed a few shifts more than a few times.
So I have to agree w/ 94awdcoupe, you gotta pay to play. Not trying to be mean or a dick, but trying to be honest w/ you.
So I have to agree w/ 94awdcoupe, you gotta pay to play. Not trying to be mean or a dick, but trying to be honest w/ you.
#23
I dont think people are seeing the fact that mitsubishi has put out the acceptable clearances on items. This item doesnt fit in their own specs from the factory. It is relatively simple.They made a part out of spec. Just like if a rod bearing didnt fit right. They made a mistake. Im sure I could have screwed the tranny stock. I am sure that putting slicks on a car and launching at 7k does more damage to a tranny than road tires launching at 5. Otherwise I guess all people should remove thier tranny and motor and check all the specs on everything when they buy it. If they are not good they should make sure they destroy the part before modifying thier vehicle?
#24
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Originally Posted by RaceBiscuit
er, could you elaborate on that a bit? Are you saying a stronger flywheel would have prevented the problem? There are plenty of evos with stock flywheels and a substantial amount of mods who haven't blown their trannies.
And how is Mitsubishi supposed to prove how much horsepower you have added to your Evo? It's not like they dyno em before they leave the factory...
I still say if they can't prove the failure was caused by mods, and if there was indeed a factory defect to begin with, then they should take responsibility...
Not trying to start arguments here, just wanted to voice some thoughts...
And how is Mitsubishi supposed to prove how much horsepower you have added to your Evo? It's not like they dyno em before they leave the factory...
I still say if they can't prove the failure was caused by mods, and if there was indeed a factory defect to begin with, then they should take responsibility...
Not trying to start arguments here, just wanted to voice some thoughts...
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this is great, mine was voided due to having a bov yet they warrantied a complete drivetrain on a evo with over 10K in mods days later, go figure. good luck with whatever you do though.
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Originally Posted by TrinaBabe
I dont think people are seeing the fact that mitsubishi has put out the acceptable clearances on items. This item doesnt fit in their own specs from the factory. It is relatively simple.They made a part out of spec. Just like if a rod bearing didnt fit right. They made a mistake. Im sure I could have screwed the tranny stock. I am sure that putting slicks on a car and launching at 7k does more damage to a tranny than road tires launching at 5. Otherwise I guess all people should remove thier tranny and motor and check all the specs on everything when they buy it. If they are not good they should make sure they destroy the part before modifying thier vehicle?
#28
I agree with Zues. Whoever makes it look like it wasn't thier fault better wins. In this case I would think a jury and/or judge would side with me considering that Mitsubishi doesn't make the parts to fit in thier own specs. It should matter what you do to the car. It shouldn't matter how you drive the car. I am the first to admit if I break something by playing around or simply adding too much power. I don't mind at all paying for a tranny. It just bothers me after I learned that the reason the tranny went is because of a mitsu screw up.
And yes, the brake calipers would fit under the class actION lawsuit If Mitsu declined a valid warranty they would need to compensate you.
And yes, the brake calipers would fit under the class actION lawsuit If Mitsu declined a valid warranty they would need to compensate you.
#29
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Originally Posted by smittyinva
It is far from complicated. They already figured it out. It is the factory flywheel horespower rating. If an exhuast adds power, it also adds stress. They felt that the transmission would last through the duration of the drivetrain warranty at the as-delivered engine output. If a modification creates 1hp, their position is justified and sound. You will not win.
BTW, it's "class action" not "class act".
BTW, it's "class action" not "class act".
1. Warranties are not designed to work like this. They are designed to protect the customer from factory defects. If a problem is caused solely by a factory defect the warranty should cover it. Whether or not this case itself is the cause of a factory defect, I cannot comment on, as I have not examined all the facts.
2. HP ratings are a marketing idea, not engineering. No car makes the same amount of torque or horsepower as another. Rather, there is a distribution of power outputs sometimes centered around the claimed rating, sometimes not. So if an evo making below average power adds 1 hp with a mod is the warranty void? According to you it should be. What if the mod decreased horsepower? What if it did nothing?
Also, weather can increase of decrease horsepower. If i live at sea level in a cold climate and make more power than advertised, did i void the warranty? According to you I did, but it does not work like that.
Accoridng to you, putting snow tires on my car would void the warranty since the vehicle did not come with it from the factory. I would argue your wrong. Cars are DESIGNED to handle a variety of operating conditions, including small increases in power.
Ultimately, the "design limits" of the car are meaningless. If a mod caused the problem, there should be no warranty coverage. If it was defective from the factory, it should be covered. Case closed.
Last edited by Mercenary3; Apr 12, 2005 at 02:54 PM.
#30
Smaller diameter wheels could cause more damage to a drivetrain being that it would let more HP hit the ground (I think Physics said something about no action without reaction). It could theoretically cause a vibration that was harsher than a stock set-up car throughout the transmission. That was just one example. Another great example would be can the car take race gas without blowing up? I did read the handbook nor do I feel like it but I doubt it says you cant use 100 octane fuel... that would raise the HP.
This is a VERY simple idea. Mitsubishi made errors while producing some transmissions. I know of three so far. Mitsubishi SHOULD warranty those transmissions that have the problem. They should not be able to void a warranty from a BOV... I mean what is that crap? Those are the things I am trying to prevent. I already said time and time again, I dont care about the cost of rebuilding my tranny... it would have blown sooner or later anyways. I DO get pissed when I find out the only reason it blew (At least this time) was not my fault but the fault of the company I bought it from.
This is a VERY simple idea. Mitsubishi made errors while producing some transmissions. I know of three so far. Mitsubishi SHOULD warranty those transmissions that have the problem. They should not be able to void a warranty from a BOV... I mean what is that crap? Those are the things I am trying to prevent. I already said time and time again, I dont care about the cost of rebuilding my tranny... it would have blown sooner or later anyways. I DO get pissed when I find out the only reason it blew (At least this time) was not my fault but the fault of the company I bought it from.