The only good news might be that someone took the care to replace the oem head studs. With any luck they are arp or equivalent and are stronger than the stock ones.

 

dang man, I hope you catch a break. I got into an accident and right before that I spent $2500 in tranny work. After the accident the tranny was messed up and Mitsu wouldnt cover the repair. Another $2500 gone.

 

they are ARP heads studs.
So yesterday I put 50% down for the down grade to the oem bolts.? I want this car back together.
he said if there is problems again there would be no issues with the warranty.

the oil leak was because the studs weren't fully torqued in the front corner. passenger side.

now the used car dealer is working with the 3rd party warranty company, he explained to me that if the aftermarket ppart is specifically designed and engineered for the car they will most likely cover it. so hopefully they can reimburse me the repair cost. but I think in the end this bill is on me.

thanks, for all the replies. I didn't expect so many on my 1st post

 

Please note that, in the state of Washington, even if you bought the car "as-is" there is still an implied warranty unless you specifically negotiated that there would be no warranty. Just signing a paper that says you are buying the car "as-is" does not eliminate the implied warranty unless this was explicitly discussed at time of sale. Furthermore, just because you also bought an extended service contract does not remove the implied warranty from the seller. If the third-party warrantor denies the claim, you can still try to force the seller to pay for the repairs, as well as get your money back from the third-party in some cases.

There's lot for you to read in Title 62A of the RCW (Revised Code of Washington). You want Chapter 2 in particular. Here's the link: http://apps.leg.wa.gov/rcw/default.aspx?cite=62A.2 In my opinion, this is worth looking into, given the amount of money at stake. If you really get stuck with the bill, a few hundred to a lawyer might be worth it, too.

With all that said, as always, please keep in mind that most schmucks giving what might appear to be legal advice on the internet are not real lawyers, which includes yours truly. But some of us can read.

 

I'm hoping I don't have to go this route, I think that's why the seller is trying to stay in touch with me .

 

nah, the dealership always prefers warranty $$$. They get paid to do the work, no incentive to lie.

you got juked mate. You should be able to get your money back for the extended warranty. As for the block/head work, you're probably screwed. After you pay, you can pursue action against the selling dealer's insurance company.

 

Actually, you can rarely, if ever, sue someone else's insurance company.* In every situation that I can think of - and my ex-girlfriends can attest to the awesome power of my imagination - you must sue the person who did you wrong and let them take it up with their insurance company, assuming that they have one. Often their insurance company will step in and take over the defense, but that was their call, not yours.

* footnote: if you want to get **** (for which you would be completely justified, given the ****-retentiveness of my post), you can sue anyone you want at any time; what I'm saying is that suing someone else's insurance company directly, skipping the person with whom you have a beef, will almost always fail miserably because you have no relationship with someone else's insurance company

 

nah, you don't sue them
you just file a claim

most states allow a customer to file a claim at any time, and the business, by law, has to provide you their insurance information.

In this case, what I would do, is attempt to file a claim against the selling dealerships "Errors and Omissions" (E&O) for misrepresenting the warranty status of a vehicle, which caused a financial loss to the new owner. The reason I say "attempt" is because it probably wouldn't even go that far. The mere fact that this guy even knows that dealerships all carry insurance for THIS EXACT SITUATION means that he's done his homework. Odds are, the dealership will capitulate if the cost is not much. Why? Because E&O claims, even if frivolous, are nasty. We sell E&O all the time-but-if our client actually gets an E&O claim, they're done. Gone. Company drops them like a hot rock.

Even if the claim might lose or have no merit...the dealership's E&O insurance company will get notice of the claim. At this point, the insurance company now knows that this dealership is trouble for them, and they aren't going to want them at renewal, or, rates are going up. Even if the company wins...the dealership's crappy bookkeeping/sales tactics have been exposed to their insurer, and they will pay for it on renewal. Dealership doesn't want that.

tl;dr: a lot of places would rather cough up a thousand bucks and not have their insurance company find out what they did (win or lose). You may find that a dealership would rather 'make it right', instead of getting their insurance involved. You, Mr Customer, can file a claim at any time-and they know this, but they always hope you don't

 

This is news to me and I can't find anything like it in a quick search. Can you give me an example of such a law? I want to learn something today.

 

I don't understand what you are asking for. Anyone can file a claim at any time, that's how all insurance works. If you knock over a thousand dollar vase at Macy's, they'd file a claim against your homeowners. If you trip and fall at Macy's, you file a claim against their liability. A claim is just a claim. If the parties cannot settle it out, then it goes to arbitration, then it goes to a court if that fails. A lawsuit is just the legal mechanism if claims process and arbitration fails. The particular type of insurance here would be Errors and Omissions.

Think of it like a car crash where no one is cited at fault. The drivers file claims with each others insurance. If the insurance companies cannot or will not settle it, then it goes to arbitration. If the arbitration cannot settle it, then it goes to lawsuit. A claim is just a claim. In this case, he's claiming that their error in sales documentation regarding warranty caused him financial loss. Insurance company will evaluate information, look at coverage, and determine if coverage is applicable. If he refuses the findings, then it goes to arbitration, then it goes to court. But no insurance lawsuit ever starts without a claim.

 

Hm. I thought that it was clear. You said that, when you file a claim against a business, the business - by law - must tell you the name of their insurance company. I know that you must provide proof of insurance in most states when involved in a traffic accident (or when pulled over), but I've never heard of a law that says a business must tell you with whom they have insurance - if any - when you file a civil claim against them.

Did I misunderstand what you meant by what I quoted in Post #24?

 

Sue the dealership, they misrepresented the sale. Did they disclose any motor work was done?

You have all the proof in the world to file a claim in small claims court.

Just make sure you get the correct legal name, otherwise the judgment is un collectable.

Look under the dealers name your state will have a database of all inc businesses & DBA( doing business as)

Good luck with your repair.

 

2800 i would of take evo outta that shop.save few more thousand and source a new motor from japan.

 

Exactly this! couple of grand to save your *** from rates skyrocketing or insurance dropping them...drop in the bucket.

 

Yes, they have to tell you. Because if they refuse to tell you, that essentially is them acting on behalf of the insurer to deny your claim preemptively by declaring it invalid, which they cannot do. It is up to the insurance company to determine validity of claims. The insurance company cannot determine that if they are prevented from knowing of the event, valid or not.