Iowa999

iTrader: (1)

Unfortunately, in the US, at least, it's binding arbitration paid for by Mitsu, so it's a few hours work for a lawyer from some arbitration service, which is less than $1000. Therefore, it will still be in their interest to deny every claim. Most people won't bother to fight and even when Mitsu loses a fight, it didn't cost them enough to be a deterrent. And before you ask or raise the issue, punitive damages or anything like that is expressly disallowed. You will not be compensated for your time even if you win.

Iowa999

iTrader: (1)

Yeah, I hear you on software not being the same as an aftermarket part, but that's also why I am so focused on the pump being dead due to corrosion. If you manage to establish that corrosion is what killed the pump, then they're stuck trying to argue that a change to the software affected the corrosion. Good luck to them on that.

You want a really weird question? Yes? Oh, good. Are official Mitsu mud-flaps enough like Rally Armor mud-flaps to make having the latter on the car a safe thing when visiting a dealer? You see, rear-wheel mud-flaps ARE relevant to the issue of pump corrosion.

SamsonEvoX

This. This is exactly the tact I am going to take with the arbitration. We will also have anecdotal information from ACD as well as the disintegrated parts. Although not officially stated on our customer receipt, the tech and service manager both said that the damage was caused by corrosion and that Mitsubishi should be held liable for the poor placement of the pump. In fact, the Service Manger, several techs and the Parts Manager are all on our side. They even told Mitsubishi that this is one of the best cared for Evos they have ever seen and they also sent all maintenance records to show that the car has been properly serviced, but to no avail.

Given that they have replaced numerous pumps just this summer alone, you would think that Mitsubishi would be wondering why so many pumps are going out. I doubt though that they are intelligent enough to correlate long Minnesota winters with streets painted with a constant, white patina of road salt with corroded AYC pumps. Requires too much thinking I guess.

SamsonEvoX

I just had another idea. The dealership we went to said that they have done other pump replacements due to corrosion. Now, if Mitsubishi replaces an AYC pump due to corrosion with a bone stock Evo X, isn't that a concession on their part that the pump is failing because of corrosion and not because of a tune? So, if my son's car had a tune, what difference would it make? For arbitration, the 3rd party needs to see that Mitsubishi is replacing AYC pumps under warranty with no mods, but is denying warranty coverage with a tune and some basic mods.

coryl

That doesn't sound right to me. If Mitsu pays the cost isn't there a possibility of bias? Mitsu paying for arbitration lawyers to rule against them?
Perhaps you will need stats on failure rates of this pump which is 100% regardless of tuning and mods. One service manager mentioned to me that it's not a question on if the pump will fail, but when. They all know it including corporate Mitsu yet when I called Mitsu Canada with questions the person I spoke with never heard of this problem. Really? Lol

Iowa999

iTrader: (1)

Gotta love it, eh? That's how it works down here.

In theory, any arbitration agency that gets the reputation of being biased won't be in business for long. This kind of thinking was (finally) shown to be complete and utter nonsense with the whole ratings-agency fiasco that greatly contributed to the crash that put us all in the current recession. (The agencies are paid by the people they are rating.) So, do Standard and Poors, Moody's, and all the other ratings agencies no longer exist, now that they've been shown to be biased and useless?

Ha!

edit: it's been a while since I mentioned my lack of a JD....

Iowa999

iTrader: (1)

That they have replaced pumps on bone-stock cars isn't quite enough to "ice" this, although I agree with your general approach. You need to be ready for them to say that the mods contributed to the death of the pump. There's no proportioning of blame in these cases; if they convince the arbitrator that your mods played a role, you can lose it all.

coryl

Yes, it's as I thought from your examples . Here's hoping you guys can give such good evidence that there's no chance that you can lose. If you need stats or anything from us north of the border let us know. We all know what happens south will come and haunt us here as well. I've posted what's going on here on our Mitsu site and it's agreed this should be fought. So many here have failed pumps and it's only a matter of time before they all fail.

SamsonEvoX

Basically, any of us in the northern parts of North America will face this problem if driven in the winter. Those of us who live in the frigid north like Minnesota know the massive amounts of road salt that are used. The streets literally look like they are painted white in the middle of January. Imagine that Mitsubishi uses an aluminum plate inside the AYC pump, which of course will quickly oxidize and degrade over a short amount of time. Had they used stainless steel as well as done a better job of protecting the pump, none of this would be happening.

I am going to take Iowa's advice and go to arbitration and try and build my case solely on the pump corroding, thus causing it to fail. I will have to see if I can find other cases filed with NHTSA as well as other arbitration cases. I will also have to contest the total powertrain warranty being cancelled. I will try and keep everyone posted on this.

LimitedSlip7

Has anyone been able to find a source for the electric motor on the pump? I need one ASAP; I'm thinking about cutting off the stakes that seal the pump up and trying to fix it...

Spazpilot

iTrader: (4)

Unfortunately you would not be part of the class action lawsuit. They were going to replace your pump up to the point they found out that your ecu was tuned. That alone is cause to deny work. On a side note, I have yet to have a issue with my pump on my 08, 11 and 13 Evo X. GL if you decide to proceed.

Kracka

iTrader: (49)

Take the issue to a consumer protection lawyer and see if they think you have a case. Proceed from there...

Robevo RS

iTrader: (16)

I think you shouldn't be afraid to buy an evo based on this thread .
Alot more people have an evo without any issues.

SamsonEvoX

No offense, but I think your comments are quite silly. If it can be established in a suit that the AYC pumps are failing due to severe corrosion, then it is a moot point whether the car has been tuned or not. And, you live in Texas, not Minnesota, so the fact that your Evos have not had any issues only corroborates what everyone in the north is saying that the pumps are failing because of corrosion, which is exacerbated by road salt. Comparing Texas roads with Minnesota roads is ludicrous at best.

SamsonEvoX

Great idea Chris. We know we won't get the AYC pump fixed by Mitsubishi, at least for now. So, we need to get my son's Evo back on the road as it is his dd. We will have ACD rebuild and seal the pump and get it back into his car. To be honest, even if we won a case in arbitration, that would mean going to the dealer and having the rebuilt pump taken out and a replacement pump put in, which would just end up going out in another couple of years. It is better to pay $695 and be done with it.

My main bone of contention is that the pumps should not be failing at all. Placing the AYC pump in the rear fenderwell, exposed to the elements where compacted snow, ice and salt can accumulate and quickly corrode the pump is a design flaw. Worse, it renders awd inactive, which COULD be a safety issue, hence our filing with NHTSA. From threads and posts I have read both here and over at EvoX, it seems the corrosion problem is mostly in northern states and Canada as well as over in England and in Russia. Those who are blessed with warmer weather and little road salt probably have little to worry about.