Well as some of you know I had my Arbitration case last week with NCDS (National Center for Dispute Resolution) regarding my engine failure last year at 15,367 miles. My 2005 Evo had a few modifications (intake/exhaust/TBE/MBC/flash) but futrher review of the failure (which was a spun bearing + broken rod bolt = engine failure) completed by myself over the past year showed that it was apparent none of the modifications were to blame. I took Mitubishi to Arbitration and received this result today:

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After reviewing the complaint(s) and hearing the proofs and arguments of the parties and taking into consideration the applicable manufacturer's new vehicle warranty, and the applicable warranty law including the applicable state statute commonly referred to as the "Lemon Law," and after due deliberation, we find an award as follows:

The customer request for expenses associated with an engine failure is DENIED.

We have reached this conclusion because the customer failed to provide proof that the conditions that caused the engine failure were due to a manufacturer defect in materials or worksmanship.
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So that sucks. My only comment would be that I thought burden of proof would be on the manufacturer, not the consumer? I gave a 10,000 word document including detailed engine break down descriptions, precise measurement of every remaining engine component, ECU maps, charts, oil analysis, oil filter analysis, but apparently that wasn't enough for "proof". Mitsubishi submitted no proof other than pictures of the head (for my motor which snapped 2 rods in the lower end) and a phrase that said, "This vehicle was equipped with a number of modifications. These modifications were directly related to the failure." Apparently their 2 sentances of 'proof' trumped my 10,000 word document filled with analysis results. Such is life I guess, eh? Well I can't say that I am suprised, but I had to give it a shot.

I'll get my documentation posted up soon.

For reference, this was the most recent thread:
https://www.evolutionm.net/forums/sh...d.php?t=259253

Discuss.

 

I applaud your effort and thorough investigation, but I think some of your investigative work may have helped to shoot you in the foot.

On the other hand it appears you've learned a ton about motors through this so look at that as a positive.

 

should have went through a lawyer...

 

not going to lie

I'd deny it too

altering ecu = you're beat

sorry though my man

 

Ought to buy a honda.

 

Didn't really learn anything new about motors here, but I agree some of the investigation may have shot me in the foot. I knew that fact upon submitting the documents though, but I decided to include everything possible to make the decision as fair as it possibly could be. That was my goal here. I said before you won't see me complaining if this turns out negative, and I'm sticking to that remark.

I don't want to get into this discussion again, but just because a modification sounds sketchy doesn't mean it was the culprit in an engine failure. Quick decisions like yours were ones that I was attempting to avoid by this arbitration, and this was also the reason which I included all of my current and OEM ECU maps with my paperwork.

 

I think it should have been a lawsuit in stead of arbitration, but I don't know all of the facts.

 

That option is still available to me if I decide to take it. This was just the easy way as this arbitration is a free-of-charge service.

 

Dang man, I thought for sure it was in your favor! I mean you had a huge document detailing that the fault of the engine was caused by Mitsubishi. I really feel for you on this one. At least you can say that you tried your hardest, but I really still believe that Mitsubishi is to blame and not you.

Best of luck in the future.

 

$100 bucks says they didnt even crack 10,000 word document open...

Did you pick the arbitrator or did Mitsu provide it?

 

Look at the bright side, you have a perfect reason to build a stroked motor with a gt42r

 

I thought you did?

I thought in your original thread, right after it has happened, you had narrowed it down to a couple culprits; none of which were due to your modifications? Wasn't it starved of oil or something? Did you forget to include what your analysis concluded caused the failure?

What did you actually tell the arbitor caused the failure?

 

When you buy the car new you agree to go through arbitration BEFORE legal action. Does anybody actually read what they're signing before they drop $30k+?

Stew,

You had an uphill battle from the start so the outcome while disappointing shouldn't be much of a shock. Worst part must have been preparing all the information only to be denied with two dismissive sentences. I am curious what the outcome of a lawsuit would be if you decided to go that way. Of course, if you thought this was a pain and time consuming you might just be better off shelling out for new parts now.

 

I would have gotten a lawyer in the first place.

 

I think in their minds they thought that if they ended up being in favor of you that it would open the door to a lot more arbitrations from more evo customers with issues and they had to use this as an example to show that even in a scenario where you provided all of the detail and everything looked in your favor that they would still sway against you based on the fact that you had mods. Just my opinion.