If i do end up getting say a new stage 2 TC from Shep, is it basically buttet proof now or will this happen again if i do a few 2-step 6k RPM launches at the track (btw i know how to drive, im not dropping the clutch i slip it so no hard lash on the drivetrain)

 

Well dropping the clutch is 9/10 times bad for the drivetrain especially if the track is very sticky. You can easily blow out your tc, so I would suggest learning to slip the clutch when launching.

 

umm i just stated that i slip when i launch and no hard lash is created on the drivetrain...read the post before yours.

 

everything is worth a shot. but still is doubtful hope all goes well

 

whoops sorry its been a long day for me...running on ~3.5 hours of sleep

 

Even if the mechanic was 100% at fault and put the wrong fluid in the car AND you can prove he put in the wrong fluid...you're still screwed. Why? You said yourself that as soon as you got the car back, you put some "goodies" on it and started dumping the race clutch on the dragstrip. Good luck proving your TC failure was the mechanic's fault. In tort cases, the burden of proof is on the plaintiff to PROVE that negligence on the part of the defendant was the direct and proximal cause of the damage.


This is another big strike against you. Again, you have to prove a "cause and effect" relationship between the mechanic's action and your damage. If the guy puts the wrong lube in your TC, you drive along on the highway for a few hundred miles, and the TC fails...then you can prove proximal cause.

In your situation, the guy does the job...then you mod the car, drag race it (clearly abusive to the drivetrain), drive around for a few months on top of that, and now you say it's his fault the TC went bad? Even if you KNOW it's true, how can you prove cause and effect?

I think you're going to have to suck this one up.

Emre

 

Something else is "whining" more then the transfer case now!


jk. that sucks. I had a clutch change, then had DIAQUEEN put back in, and when I got 200 miles down the road, I got my WHINE!! I looked over in the passenger seat, and THIS TIME it wasn't my wife! I guess a little "O" ring got pinched in the process of a clutch change, and the fluid leaked out or something like that. Anyway, I got a new transfer case. Just had to pay for it myself. Good luck bro, and keep us posted!!

 

I brought my car in for a clutch job and my TC started whining a few weeks later. Luckily, Speed Element told me they put the wrong fluid in and gave me a brand new TC for free. I'm sure many other shops would've denied it since it's so hard to prove on the customer's part that they really did put the wrong fluid in. I was already getting ready to suck it up and buy a new one from Shep too.

 

You say "prove negligence on the part of the defendant was the direct and proximal cause of the dameage". Now as fas as i know, if you dont put DiaQueen back into the TC its going to fail eventually no matter how you drive the car, i think that would be considered "direct cause of damage". I mean especailly if i get him on the phone and record him saying he put something other than DiaQueen in the TC, now that is proof of "direct cause of damage" correct?

Also the mechanic and small claims court has no idea i brought the car to the track, modded it after the clutch install and so on. So i think that would be irrelevant
in this situation, were not talkin about tryin to get Mitsu to perform some warranty work here lol.

 

Same thing happen to me, but i have other parts that are F'd.. My brand new clutch is toast, Tilton hybrid, don't know if its manuf. defect or install error, we sent pictures to tilton, waiting for them to reply. About the t/c, the shop was suppose to replace all the fluids.. My new mechanics took everything apart, there was 1/2 a gallon of fluids total and it was BLACK, within 3 weeks of driving, i don't think so.. My new mechanics have everything recorded.

 

It really seems like a lot of people have TC issues after clutch installs. Either wrong fluid put back in, not enough, bad installation etc. I think this is a bigger issue than we all think, i mean you get a clutch job and a couple weeks later your footing out 4k for a TC, thats not a minor issue. What is wrong with mechanics these days...

 

Not necessarily. All the guy has to say is, "look, I put the gear lube that the customer asked me to put in the car. I don't hear a word from him in 3-4 months. Then he's knocking on my door saying I owe him a new TC! How Do I know what he did to the car in those 3-4 months? Did he drag-race it? Did he pull donuts? After all, he DID ask me to install a RACE CLUTCH at just 18K miles. In my professional experience, kids who install RACE parts on their high-performance cars tend to abuse them at the drag strip."

Remember, that's pretty much all he has to do. The judge just has to think twice about it. You're the one who has to prove it was 100% the mechanic's fault. (For the record, we know the "race clutch" stuff is bull****...but you better believe the mechanic is going to make a big fuss about it).

BTW, my stock clutch has lasted 50K miles...and I track the car heavily. How are you going to explain needing a new "race clutch" on a brand new car with just 18K on the clock. Imagine what a judge is going to think about that.

Emre

 

You got a problem, if you want to commit insurance fraud, and send someone up a creek, so you get your car fixed for free. I am really ashamed of this attitude you have, like you want someone to pay your way for beating on your car. Others put "other" fluid in the TC, and are fine with it. I used to have Redline in it. I think you should actually be ashamed of your self. I damn sure would be! Maybe we should send this post to the small claims court. I think their MAX they have before them is cases for 3K and below. I got to call you a tool here bro! What if that was a members family shop who did it, and they are struggling to make ends meet. God dam, GROW UP and face the music!

 

I agree with you 100%. I just don't think you're going to be able to prove it in court.

Emre

 

Oh god death whine ftl, I've thought it was rumors