For those of you with ACD pump failures (merged)
#106
Evolved Member
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.
#107
Evolved Member
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.
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.
#108
Evolved Member
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.
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.
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.
#109
Evolved Member
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.
#110
Evolving Member
Join Date: Aug 2009
Location: canada
Posts: 236
Likes: 0
Received 0 Likes
on
0 Posts
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.
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
#111
Evolved Member
iTrader: (1)
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....
Last edited by Iowa999; Sep 7, 2013 at 06:39 PM.
#112
Evolved Member
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.
#113
Evolving Member
Join Date: Aug 2009
Location: canada
Posts: 236
Likes: 0
Received 0 Likes
on
0 Posts
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.
#114
Evolved Member
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.
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.
#115
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...
#116
Evolved Member
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.
#119
Evolved Member
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.
#120
Evolved Member
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.