WRX 1st gear failure - am going against Subaru
01-02-2003, 04:36 PM
#1
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WRX 1st gear failure - am going against Subaru
My client is a 54 year old ASE Certified Mechanic who never pushed his WRX, yet at 3500 miles first gear lost several teeth and now Subaru claims owner abuse and won't repair it under warranty. I've sued them and received documents showing 47 first gear failures within WRX's. Anybody out there experience first gear failure in their WRX? Anybody want to share their experience to help out my client who bought his dream car only to have it breakdown and then have Subaru fail to honor it's warranty, leaving him to park it since he cannot afford a new tranny.
01-02-2003, 04:51 PM
#2
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I wonder how many of those 47 people didn't know how an AWD car works and thought it was a great idea to drop the clutch at 6,000 RPMs (no longer allowed in the 2003 model, BTW). I have rarely seen anyone on a few of these message boards that had their gears stripped without knowing why it happened and hitting themselves on the head for doing it (a few of which were still able to get the gears replaced under warranty), but if he didn't mistreat it, then good luck to him with it.
01-04-2003, 12:32 PM
#3
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Good luck with your lawsuit since it would require you to show that there is an actual known design flaw or quality issue responsible for it. Also even a 54yr old ASE mechanic can drive like a jackass. My dads in a mechanic in his 60s and still drag races so age and occupation prove nothing.
01-04-2003, 02:55 PM
#4
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well, you also got to remember that the dealers are allowed to
drive the car up to (i think it was ) 80miles on the odo to keep
it considered a 'new car'. therefore, if some jackass car salesman
and is buddies took out the rex for a clutch droppin weekend
test drive, then that could have caused the 54year old's unlucky
choice car to break down.
ive dropped the clutch once when those re92's were brand
new just to peel off the skin, but afterwards, no clutch drops.
ive done numerous fast launches with a tad of slip and no
problems so far. my car is about 16k, one year old.
you have to prove that the dealer abused it before the sales,
or it was a manufacturing defect.
drive the car up to (i think it was ) 80miles on the odo to keep
it considered a 'new car'. therefore, if some jackass car salesman
and is buddies took out the rex for a clutch droppin weekend
test drive, then that could have caused the 54year old's unlucky
choice car to break down.
ive dropped the clutch once when those re92's were brand
new just to peel off the skin, but afterwards, no clutch drops.
ive done numerous fast launches with a tad of slip and no
problems so far. my car is about 16k, one year old.
you have to prove that the dealer abused it before the sales,
or it was a manufacturing defect.
01-06-2003, 09:23 AM
#5
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Thank you both for your input, but California law makes clear that when a manufacturer cites abuse as reason not to cover a repair under warranty, they have the burden to prove it.
In short, a manufacturer cannot deny a warranty claim without proving why.
In short, a manufacturer cannot deny a warranty claim without proving why.
01-06-2003, 01:03 PM
#7
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Don't have to. The burden of proof is on them (to prove owner abuse). They issued a warranty and my client made a claim they denied. They have the burden of proof.
In short, their claim of owner abuse is what is called their affirmative defense for denying a warranty claim. They have the burden of proof to prove the facts supporting that defense.
In short, their claim of owner abuse is what is called their affirmative defense for denying a warranty claim. They have the burden of proof to prove the facts supporting that defense.
01-07-2003, 05:03 PM
#8
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Join Date: Nov 2002
Location: Bay Area
Posts: 1,402
Car Info: 02 WRX wagon=dead; rollin' in a Craptastic Camry!
Originally posted by Jon P. Jacobs
Thank you both for your input, but California law makes clear that when a manufacturer cites abuse as reason not to cover a repair under warranty, they have the burden to prove it.
In short, a manufacturer cannot deny a warranty claim without proving why.
Thank you both for your input, but California law makes clear that when a manufacturer cites abuse as reason not to cover a repair under warranty, they have the burden to prove it.
In short, a manufacturer cannot deny a warranty claim without proving why.
It makes me wonder - how does one go about proving abuse? Metallurgical analysis of the broken gear? Analysis of the gear oil? An individual testifying that the plaintiff was drag racing?
You may find the following link useful, although I'm skeptical as to how well the information you find there would hold up in court, it could help in preliminary negotiations...
http://forums.nasioc.com/forums/foru...?s=&forumid=64
01-08-2003, 05:02 PM
#10
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Join Date: Dec 2002
Location: Good ol oregon
Posts: 242
Car Info: 02' WRX
Tranny flex
Alot of people have theorized that the transmission case is a weak point and flexes resulting in the gears to misalign. If you know anything about transmissions you know clearences are very very important and flex can kill a tranny faster than you would believe.
01-10-2003, 11:27 AM
#13
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Car Info: 09 E90 M3 SEDAN w/DCT
Wow, this sounds like one place where Kalifornia law is good! It is about time. I am pretty much a conservative independent, but certain times, the democrats are on the side of the small guy. I would venture to bet that this law was made by the dem's! Awesome...I will remember this.
Case flex, and thin gears are reason for the failures. This tranny is not suited for a 227HP AWD sedan.
I would go after them for a complete swap into a 6MT and rear ends and front LSD, + legal fees!
Andy
Case flex, and thin gears are reason for the failures. This tranny is not suited for a 227HP AWD sedan.
I would go after them for a complete swap into a 6MT and rear ends and front LSD, + legal fees!
Andy
01-17-2003, 03:51 PM
#14
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Join Date: Jan 2003
Location: Atlanta
Posts: 8
Car Info: 2002 WRX
Just curious
>My client is a 54 year old ASE Certified Mechanic who never pushed his WRX, yet at 3500 miles first gear lost several teeth and now Subaru claims owner abuse and won't repair it under warranty.
Wow,
1. 54 years old
2. ASE Certified Mechanic
3. Never pushed his WRX
4. Can not afford to fix the tranny, but can afford to find a lawyer like you.
Tell me, do you know for a fact that he never pushed his WRX? Can you help us define the word "push"? What is next? He is a father of 2, married for 30 years and own a house? Hence he does not "push" his WRX? Then why did he buy it then? Why not just get a Honda Civic (After all, he does not pushed his WRX, right?).
Oh I forgot, in CA it is manufactuer's responsibility to proof everything. Nice, at least it keep people like you employed. Good luck with the law suing. Try a different line next time.
Good luck.
Wow,
1. 54 years old
2. ASE Certified Mechanic
3. Never pushed his WRX
4. Can not afford to fix the tranny, but can afford to find a lawyer like you.
Tell me, do you know for a fact that he never pushed his WRX? Can you help us define the word "push"? What is next? He is a father of 2, married for 30 years and own a house? Hence he does not "push" his WRX? Then why did he buy it then? Why not just get a Honda Civic (After all, he does not pushed his WRX, right?).
Oh I forgot, in CA it is manufactuer's responsibility to proof everything. Nice, at least it keep people like you employed. Good luck with the law suing. Try a different line next time.
Good luck.
01-17-2003, 07:45 PM
#15
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Re: WRX 1st gear failure - am going against Subaru
Originally posted by Jon P. Jacobs
My client is a 54 year old ASE Certified Mechanic who never pushed his WRX, yet at 3500 miles first gear lost several teeth and now Subaru claims owner abuse and won't repair it under warranty. I've sued them and received documents showing 47 first gear failures within WRX's. Anybody out there experience first gear failure in their WRX? Anybody want to share their experience to help out my client who bought his dream car only to have it breakdown and then have Subaru fail to honor it's warranty, leaving him to park it since he cannot afford a new tranny.
My client is a 54 year old ASE Certified Mechanic who never pushed his WRX, yet at 3500 miles first gear lost several teeth and now Subaru claims owner abuse and won't repair it under warranty. I've sued them and received documents showing 47 first gear failures within WRX's. Anybody out there experience first gear failure in their WRX? Anybody want to share their experience to help out my client who bought his dream car only to have it breakdown and then have Subaru fail to honor it's warranty, leaving him to park it since he cannot afford a new tranny.