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Clutch problem-anyone threatened lawsuit?

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Old Oct 9, 2003, 08:12 AM
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AMX
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Clutch problem-anyone threatened lawsuit?

With all the discussion of "bad" clutches (I have 2,000 miles on mine, no launches, daily driver), has anyone threatned or actually put in a suit over this issue? I know if mine goes bad with the way I drive (no different than any other clutch car i've driven over the last 25 years!), I will be taking legal action if denied restitution! Or all the "bad" clutches out there really "abused" clutches and therefore the people with failures can't prove in court that they didn't contribute to the failure?? Anyone sucessfully got a clutch reparied under warranty yet??
Old Oct 9, 2003, 08:17 AM
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Re: Clutch problem-anyone threatened lawsuit?

Originally posted by AMX
With all the discussion of "bad" clutches (I have 2,000 miles on mine, no launches, daily driver), has anyone threatned or actually put in a suit over this issue? I know if mine goes bad with the way I drive (no different than any other clutch car i've driven over the last 25 years!), I will be taking legal action if denied restitution! Or all the "bad" clutches out there really "abused" clutches and therefore the people with failures can't prove in court that they didn't contribute to the failure?? Anyone sucessfully got a clutch reparied under warranty yet??
Yea Yea you got it all planned out already huh?? Do you realize your little legal experience is going to cost you more than any race clutch you could put in??Lawsuits are the American way
Old Oct 9, 2003, 08:22 AM
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Actually, I'm involved in suits all the time and realize what it can cost. I don't want to rationalize away direct confrontation. Thats not my question; those that can attack, for whatever reason, can do. Has anyone else been in the "can do" column and have?
Old Oct 9, 2003, 08:30 AM
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i expected and knew about the clutch problem with the EVO Vii

i was saving for an aftermarket clutch before i had clutch problems!!!
Old Oct 9, 2003, 09:02 AM
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Re: Clutch problem-anyone threatened lawsuit?

Originally posted by AMX
I know if mine goes bad with the way I drive (no different than any other clutch car i've driven over the last 25 years!), I will be taking legal action if denied restitution!
The purpose of a warranty is to protect the customer against a car or a part with a manufacturing defect -- that is, the clutch was bad when you bought it. If the clutch was in perfect condition when sold and "goes bad" later, there's no warranty claim.

Let's assume your clutch needs replacement at 10000 miles. In order to successfully win warranty coverage, you'll have to show two things -- that the Evo's clutch is designed to last significantly longer than 10000 miles, and that your particular clutch did not last as long due to a manufacturing defect which was present when you bought the car.

Can you find some documentation where Mitsubishi offers any guidance on how long the clutch should last? The maintenance schedule for the car does not call for any specific periodic replacement of the clutch (nor of the tires, nor of the brake pads) -- all of these are replaced as needed.
Old Oct 9, 2003, 09:39 AM
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Beyond the possibility of your having a defective part it seems that you are looking to establish that a design flaw exists. There is an implied warranty that assures the consumer of a product that is adaquatly designed and manufactured for the use intended. In this case, the clutch much perform within reasonable limits. If you can produce proof that this is not the case, the easiest way to proceed is to find a few experts who will substatiate this claim and then find a law office that will try getting a class action suit together.

You probably know that if there is a demonstratable fault that this law firm would make a ton of money compared to just your getting a new clutch for free, and them collecting an hourly fee from you. The problem as I see it is that the stock clutch has already been tested by at least one clutch company and found to be adaquatly designed for it's application.

Lastly, one of my first hard learned lessons in owning hot cars is that (like hot women) they have relatively high maint. costs. I had to sign a waiver and agree to arbitration for any warranty issues.. did you? I knew I would be doing my own wrenching and would be turning her up a notch or two so I didn't care. I knew the job was dangerous when I took it so to speak.
Old Oct 9, 2003, 09:44 AM
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I thought that the customer agreed to the third party dispute resolution process outlined in the warranty. Don't most car companies operate this way now? Doesn't eliminate the specific jursidiction under lemon laws but I thought it ruled out most lawsuits.
Old Oct 9, 2003, 10:55 AM
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Yes, that a design flaw exists is the pathway (I still expect that this clutch will last through everyday spirited driving without significant engagement slips-so it's probably not a design flaw). But, if it were to fail unusually early under reasonable driving conditions I would attack it. I would be interested in the investigations of the adequacy of the product and the determination if the failure was systemic. I have seen anedocal info on this page and even some forensics from an aftermarket clutch manufacturer, but nothing that I would consider to be a true system design investigation. ITE, I guess I am just tired of people complaining about the failures and then not doing anything about it. Perhaps, in their heart they realize, yeah, I abused it!
Old Oct 9, 2003, 11:16 AM
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First of all, it's nice to see proper grammar and punctuation on this forum, it doesn't happen very often.

Secondly, I think it would be a tough battle to fight against any major corporation, especially one that designs and tests their products with the latest and greatest technology before distrubuting it to the public.

The USDM Evo's are equipped with a softer clutch to accomidate a US consumer. I think Mitsubishi figures that if they throw on a stiff clutch and send the Evo to the states that people won't buy the car in fear that they would have a tough time driving it (this only pertains to the ignorant consumers who don't respect the Evo the way we do, not evo enthusiasts), and any respectable tuner knows that stock clutches won't go the distance for forced induction cars, unless you pay for it (i.e. $100k for a new Porsche GTIII).

Although I applaud the active attempt to complaining, I'm not sure you will be able to win said case.

With that out of the way, hOw'S sHe dRiviN?
Old Oct 9, 2003, 11:29 AM
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This must be the most intelligent and mature discussion on the clutch issue. Period. I commend everyone who has posted so far here on keeping it clean, intelligent , and constructive.

Given the relatively high frequency of complaints, likely did make a strategic blunder in using the clutch they did (be it softer or US driving adapted etc). However, the best way to run with this, as with any other potential safety issues (a failing clutch can increase the risk of a crash), contact the NHTSA.

There's nothing like a federal recall to cause manufacturer redesigns.
Old Oct 9, 2003, 11:30 AM
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I blew my clutch at 5k, about 80% was my fault though. With hard launches and even harder down shifting. The launches killed it though. I must admit the clutch on the EVO is not a good clutch at all. I replaced the clutch with another one from the factory. You won't win the battle against Mitsu. I went all the way to the top!
Don't worry though your driving methods are fine, that clutch should last long!!
Old Oct 9, 2003, 11:55 AM
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I agree with all statements. I've owned over 10 different clutch cars, all by different manufacturers, all types, foreign and domestic and don't believe the clutch has ever been an issue unless there was an allignment issue or an abuse issue. In both cases I can handle the results. jayarr, as to how shes running, shes fine! Shes not a muscle car, she's not a drag car, shes not a sports sedan, she's not a daily commuter, she's not an economy car, she's not a family car, she's a lot of all above, much more than any car I could get anywhere else or have imagined! I truly don't believe I will have a clutch issue (and shouldn't) with my driving style, but if I do, I will be convinced its a design issue and will make it an issue until its resolved.
Old Oct 9, 2003, 01:56 PM
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The fact is if most folks were not so ready to throw in the towel and just say "oh you'll never win" big companies would not ignore their customers the way they some times do. Mitsu knows the there is a slim chance they will ever face a class action suit with regard to the clutch so they have no reason to redesign what is in my opinion marginally acceptable for a daily driver. If more folks were willing to fight it out things might change for the better.
Old Oct 9, 2003, 02:42 PM
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Originally posted by WildRice
. The problem as I see it is that the stock clutch has already been tested by at least one clutch company and found to be adaquatly designed for it's application.
That's because the problem is most likely not the clutch itself but that it is not properly achieving grip with the flywheel, most likely due to the pressure plate not producing the needed pressure, so it is slipping at times when it shouldn't be and therefore producing additional wear and heat which the clutch is NOT designed to take.

So what REALLY needs to be tested is not the clutch itself alone, but what loads, heat, and pressure it is receiving IN USE and somehow to watch it in action while an Evo8 is driven around to see where it is slipping and causing extra wear and heat. THAT is what needs to be addressed.

If nothing is found to be wrong then a lot of people here are lying about how they treat the clutch and there really is no problem. Somehow I don't think that's the case though. ;)

Last edited by JRock; Oct 9, 2003 at 02:44 PM.
Old Oct 9, 2003, 09:03 PM
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My clutch was replaced under warrenty. It would make a funny noise under a downshift. Basically, if they pull off your clutch and find that the flywheel has severe hot spots (i.e. the flywheel is purple) and the clutch disk is melted, you will probably have to pay for it. In my case the clutch disk had no wear on it (@8000 miles) and case was weak fingers, the clutch had normal operation, just made a really harsh noise. Clutch was replaced under warrenty. Mitsubishi will be able to tell if you are drag racing the car, the rep showed me a few fried clutches and flywheels with less than 1000 miles, the people were lanching the car and droping the clutch at 5K rpms. Something is going to give, and it is not all 4 wheels.

Just some FYI, when going from a stop, don't rev the car above 2000 rpm, once the car is moving you can shift fast (assuming you know how to shift correctly). I drove a heavily moded EVO that has 10000+ miles on it and has been to track events (road courses) several times, clutch still felt normal, and he beats the #$@%#@$ out of the car on the track. There is really nothing wrong with the clutch, it is made by Exedy. It just takes a little bit to get use to the way this clutch feels. I am on my 2nd EVO (due to a F-150 that didn't want to stop) and have 3000 miles on the car, both clutchs felt the same.

By the way, new clutch install by Mitsubishi = $900, Lawyer fees = $150+ per hour (my girlfriend is in law school).


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