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Considering class-act lawsuit against Mitsubishi

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Old Apr 12, 2005, 02:57 PM
  #31  
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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...
What some car's drivetrains can sustain power-wise is irrelevant. If the modifications were never performed, the manufacturer would warranty the failure. When you modify your car, it no longer operates within the manufacturer's engineering specifications. The specifications are written with warranty covereage as one of the criteria. Parts must last the duration of the warranty as engineered. You are taking the responsibility to pay for failures if you change the intended function of a component. If a transmission was intended to have 100hp input and you input 120, you are immediately SOL.
Old Apr 12, 2005, 03:03 PM
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Originally Posted by smittyinva
What some car's drivetrains can sustain power-wise is irrelevant. If the modifications were never performed, the manufacturer would warranty the failure. When you modify your car, it no longer operates within the manufacturer's engineering specifications. The specifications are written with warranty covereage as one of the criteria. Parts must last the duration of the warranty as engineered. You are taking the responsibility to pay for failures if you change the intended function of a component. If a transmission was intended to have 100hp input and you input 120, you are immediately SOL.
According to law, your not SOL.

And you assume the internal engineering specifications on the tranny are the same as the hp output of the engine. This is not necissarily the case.
Old Apr 12, 2005, 03:04 PM
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Originally Posted by 94AWDcoupe
Any part that would make the car make more power would be grounds to void the warranty. I am sure you dont have any of those. Get over it dude. Pay to play.
yeah, basically. you already modded your EVO. Just deal and move on.

Old Apr 12, 2005, 03:04 PM
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Originally Posted by smittyinva
If you had no modifications, they would fix it with no questions asked. Your modifications raise reasonable doubt as to whether or not the failure was their fault.
I am sure they would have voided it claiming I was "racing it". They are a huge company and can screw the little guy damn near everytime. These companies sooner or later need to learn that it really does only take one little guy to get pissed enough in behalf of all the other little guys to screw em back. Think about this for a minute.... There are tons and tons of warranty claims from Evo's. Most are probably rightfully declined. But some arent. Now take the rest of thier lineup of cars... same idea. Now take the 7-Bolt 4g63 motor in 2nd Gen eclipses. It is a KNOWN problem. It is a design flaw, mitsu screws everyone from me and you to our grandparents on that one. Think of all the owners of these types of cars that got screwed. I am acting on thier behalf. I can't say it enough... I would have blown the transmission sooner or later. I am prepared to spend the money. I am pissed that the tranny blew because of thier incompetence and I still need to pay for it.

I am mainly pissed because I read about stupid claims that are obviously Mitsu's fault that they dont pay. I get pissed because they screwed up on many occasions but don't take responsibility for them. I am will not sue them for just me, I am trying to get everyone that got screwed what they deserve. I am getting alot of heat for it at the same time also.
Old Apr 12, 2005, 03:05 PM
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Originally Posted by smittyinva
What some car's drivetrains can sustain power-wise is irrelevant. If the modifications were never performed, the manufacturer would warranty the failure. When you modify your car, it no longer operates within the manufacturer's engineering specifications. The specifications are written with warranty covereage as one of the criteria. Parts must last the duration of the warranty as engineered. You are taking the responsibility to pay for failures if you change the intended function of a component. If a transmission was intended to have 100hp input and you input 120, you are immediately SOL.
you would think so but there are a lot of cases where mitsu voids the warranty reguardless of modifications, they just claim abuse, its easy, this is all so they dont have to take responsibility for having crappy q/a and putting out an inferior product, sure a lot of cars are abused, do i think they should get warrantied? no! but it should be covered on a case to case basis as the law states, which mitsu just seems to try and find ways around. i modded my mustang had 2 cases on record of cracking the tranny gasket because my car was lowered and bottomed out too hard, one day the tranny pan gasket blew and all the fluid leaked out and caused the tranny to burn, would i have questioned it if they said its not covered no. because of my history with the car that they knew about, instead they looked for a reason to cover it instead of taking the easy way out, claiming mods or watever reason, the drive yolk was misaligned which caused vibrations to blow the gasket, thats what they decided, so i pay 100 bucks for a new tranny. thats how it should be, they shouldnt just toss aside a warranty for stupid reasons.
Old Apr 12, 2005, 03:07 PM
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If they go by howmuch horspower the car puts out stock woudnt that be arguable. Cause every evos horse power is diffrent. And woudnt change from like diffrent altitudes and temperatures. Like if the evo was in californa or in alaska. Iam just wondering. I know my spelling sucks
Old Apr 12, 2005, 03:09 PM
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Why do people still think I am like the rest of the guys trying to screw Mitsu? I do not care about my BS warranty. I know I voided my motor warranty and everything else. But guess what, if a recall comes on the motor I am still entitled to getting it fixed if I desire. So assume my car is one of the first to have this problem (1 of 3 that I found so far). Assume in a year another 100 have the same problem. They will issue a recall because "They found in some cases, the transmission assembly may not have been produced to said specifications. Therefore, we are recalling all transmissions within these criteria to be inspected, and/or fixed or replaced if needed."

Now what happens to the guy that already had his transmission rebuilt. He just gets screwed. I am TRYING to help out us, as the consumers. I am in NO WAY trying to screw mitsu. They already messed up, I just want them to own up to it. Not only for me but for everyone else. I guess this is what I get for trying to help people huh?
Old Apr 12, 2005, 03:10 PM
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Are there no lawyers on this site that may be able to provide assistance? With this amount of crap being flung at me perhaps I should've just done this for myself and hope others learn about how to not get screwed.
Old Apr 12, 2005, 03:12 PM
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I hate to bust you on this but you don't have a chance in hell of winning with published mods such as yours. (below) You are well over the stock power by like 40%? No matter how bad Mitsu may have screwed up on a clearance in the transmission you will get laughed out of court.

Magnus Intake Manifold, Buschur Upper/Lower IC pipe, HKS BOV, Walbro 255, 780cc Injectors, Shearer exhaust headers, Shearer o2 housing, Tial 44mm wastegate (Externally dumped), Buschur Front Mount, ACT 2900, GT 35R, 3" full TBE, no cat, S-AFC, HKS 272/272, Aeromotive Fuel Pressure Regulator, Stock Block, Stock Head (Aside from Cams).

Or the admission of drag racing here:

I drag my car. I havent raced it yet this year. I was supposed to yesterday actually but broke a tranny while testing it. Hopefully in two weeks I will have it on the track. I will be in the 11s. Guess I will be your new competition. Ill let ya know when I get to the track.
Old Apr 12, 2005, 03:12 PM
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you can't go filing a lawsuite against because your dealer screwed up rebuilding your tranny...

It may not be fault. If that is the case, how is a class action suite going to help?

IMHO, it's just a waste of money and effort. All you do with class action suites is get the lawyers richer..
Old Apr 12, 2005, 03:13 PM
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Originally Posted by TrinaBabe
Why do people still think I am like the rest of the guys trying to screw Mitsu? I do not care about my BS warranty. I know I voided my motor warranty and everything else. But guess what, if a recall comes on the motor I am still entitled to getting it fixed if I desire. So assume my car is one of the first to have this problem (1 of 3 that I found so far). Assume in a year another 100 have the same problem. They will issue a recall because "They found in some cases, the transmission assembly may not have been produced to said specifications. Therefore, we are recalling all transmissions within these criteria to be inspected, and/or fixed or replaced if needed."

Now what happens to the guy that already had his transmission rebuilt. He just gets screwed. I am TRYING to help out us, as the consumers. I am in NO WAY trying to screw mitsu. They already messed up, I just want them to own up to it. Not only for me but for everyone else. I guess this is what I get for trying to help people huh?
I support you man, good luck.
Old Apr 12, 2005, 03:19 PM
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They didn't rebuild my tranny. It cames like that from the factory. I will whole heartedly admit on exactly what I did with my car and what items I installed in it. I could be one of those guys that removes everything and bring it to the dealer but I dont believe in lying or trying to screw someone. The point that I am trying to make it thier clearance was off from the factory. I may not get a dime, I already said I could care less. I am trying to use this as a way to get back at them. I already said I dont care about the tranny or the warranty. I am trying to help everyone else.

And timzcat, if they issue a recall on a transmission you think they ONLY repair the transmissions on cars that have no mods? Or the ones that never raced? They, by law, would need to fix ANY of them that had the same problem. All I need to really do is get them to admit it was wrong from the factory. If I can get that, I just helped out a tremendous amount for all other Mitsu owners that got screwed. Who knows, maybe these trannies will blow under normal driving in 50k miles. Imagine a group of 200 trannies that blow... all it takes is that one guy that has his kids and wife in the car going 80 mph down the freeway and have his tranny lock up. Causing him to lose control and hit a semi head on. That would probably wake up mitsu. I would rather have the problem identified and fixed before something terrible happens. Imagine if it is you that has the tranny lock up going 90 down the freeway.
Old Apr 12, 2005, 03:20 PM
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Originally Posted by timzcat
I hate to bust you on this but you don't have a chance in hell of winning with published mods such as yours. (below) You are well over the stock power by like 40%? No matter how bad Mitsu may have screwed up on a clearance in the transmission you will get laughed out of court.

Magnus Intake Manifold, Buschur Upper/Lower IC pipe, HKS BOV, Walbro 255, 780cc Injectors, Shearer exhaust headers, Shearer o2 housing, Tial 44mm wastegate (Externally dumped), Buschur Front Mount, ACT 2900, GT 35R, 3" full TBE, no cat, S-AFC, HKS 272/272, Aeromotive Fuel Pressure Regulator, Stock Block, Stock Head (Aside from Cams).

Or the admission of drag racing here:

I drag my car. I havent raced it yet this year. I was supposed to yesterday actually but broke a tranny while testing it. Hopefully in two weeks I will have it on the track. I will be in the 11s. Guess I will be your new competition. Ill let ya know when I get to the track.
Yeah i can see that happening. I dont have any experience with law suits of this nature. Never been in one, never known a person who has been in one.

Regardless, assuming (and this is a big assumption) the transmission was solely broken due to manufacturers defect, you should be entitles to some compensation. Whether or not a cout believes this or not, or whether you can prove it was a manufacturers defect is another argument which I care not to engage in since I have no eperience with this specific case.
Old Apr 12, 2005, 03:24 PM
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Hopefully people will read this post: I am not in any way trying to screw anyone, including mitsubishi. I am trying to make sure other people, that may fully deserve thier warranty, don't get screwed because they have a new stereo and BOV and some rims. It would make me feel good if I found a batch of Trannies that are junk and got them fixed before they lock up and kill someone. Thats what would make me feel good.
Old Apr 12, 2005, 03:26 PM
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Originally Posted by chrisw
you can't go filing a lawsuite against because your dealer screwed up rebuilding your tranny...

It may not be fault. If that is the case, how is a class action suite going to help?

IMHO, it's just a waste of money and effort. All you do with class action suites is get the lawyers richer..
So obviously you couldn't sue McDonalds for serving hot coffee.


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