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Thread: the Phoenix...agony
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06-05-2009, 08:11 AM #1
- Join Date
- Aug 2005
- Location
- Pittsburgh, PA
- Age
- 42
- Posts
- 21,720
My life is a- Ben Stiller movie.
the Phoenix...agony
Going to try and sum this up, the last few weeks have been very stressful and now I need the board's help. When I bought the Phoenix, i also purchased a warranty from Preferred Warranties Inc. through the dealer. Never needed to use it until 2 weeks ago. On Saturday May 16th, my oil pump failed while i was 300 miles from home visiting family in pittsburgh. I had to rent a budget truck and trailer her allll the way back to cincinnati. I dropped the car off at Cincy Speed-most reputible shop in town for LS cars.
They determined the oil pump killed the motor-there was black/metallic gunk all over the under side and they figured thats all through out the block. Warranty company sent an inspector who took photos of everything....then they denied the claim, stating the car's mods VOID the warranty. I told them "i bought the car that way, it came with headers/exhaust and springs." Then they tell me "well, the dealer should NOT have sold you that warranty b/c the car was VOID of coverage if it had allready been modded like that."
So I call the dealer. The GM says "we no longer use that warranty company b/c of too many situations like this." He tells me that he will accept the labor cost in their shop if i buy another engine. (money i just don't fucking have laying around at all!)
What i don't know is should I accept that deal? Or is he trying to buddy his way out of the fact he sold me a bogus warranty, which I should sue him for alluring me to buy a $16k car with? Should I attempt to go after the warranty co at all for improperly training the dealer as to what is/is not covered?
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06-05-2009, 08:15 AM #2
Sounds like your screwed IMO. I dont see either side (warranty or dealership) budging one bit. You might sue, you might lose?
In any case, dont buy warranty's on cars that your going to be doing any mods to.
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06-05-2009, 08:16 AM #3
- Join Date
- Aug 2005
- Location
- Thornton, CO
- Posts
- 23,773
Red Tint Jewelcoat- 2008 Trailblazer SS
Warranty company would need to prove that the mods somehow effected the oil pump.
Unless of course it is in the fine print somewhere....which it probably is.
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06-05-2009, 08:17 AM #4
most warrenty companys will not cover any modded cars. and the dealer should know that when they sold him the company.
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06-05-2009, 08:28 AM #5
I agree, but I bet the agreement docutment TSS signed for 12 pages long and included many fine lined gray areas over looked by the dealership. Your best bet in winning any legal case would be to go after the stealership. If you do....
Dont let them rebuild ANYTHING for you
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06-05-2009, 08:35 AM #6
yea its not the warrentys fault at all, i would go after the shitty dealership
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06-05-2009, 08:44 AM #7
And we all know dealerships are very understanding and helpful. Im sure if you walk back in there and ask very nicely they will change thier mind.
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06-05-2009, 08:45 AM #8
lol, yea im almost positive they will install a new ls1 in there for you and not give you any grief what so ever
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06-05-2009, 08:45 AM #9
- Join Date
- Feb 2009
- Location
- Florida Man Status Acheivement
- Posts
- 11,785
Navy Blue Metallic- 98 T/A, 00 FBVert, 78T/A
I would go after both.......Since when does an exhaust upgrade effect the oil pump? Springs pushing it? But I would have to see material failure to believe that one. They are both trying to pawn it off on the other while both are hoping you go after the other. Talk to a lawyer.
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06-05-2009, 08:49 AM #10
Sounds like the dealer just wanted to sell you the car. They knew what was included on the car when they sold it to you. Also, if they knew that the warranty company was bogus then why sell you the warranty? If they changed warranty companies then why not notify you? Yeah...talk to a lawyer.
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06-05-2009, 09:05 AM #11
- Join Date
- Aug 2005
- Location
- Pittsburgh, PA
- Age
- 42
- Posts
- 21,720
My life is a- Ben Stiller movie.
The warranty is actually pretty straight forward. It's only on a 2 sided legal sheet. I never really had time to review it b/c it was late on a friday, the dealer was closing and hurrying me out the door, basically shoving papers infront of me saying "sign this...this..this...here...here...here..."
The line in fine print reads as such:
The warranty does not cover vehicles with V10, V12, TwinTurbo or Rotary engines or gross vehicle weight (V.V.W.) over 3/4 ton or any vehicles with after-factory modification before or after the date of purchase.Last edited by third_shift|studios; 06-05-2009 at 09:10 AM.
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06-05-2009, 09:07 AM #12
your fucked with the warrenty company then, no your only chance is the dealership.
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06-05-2009, 09:11 AM #13
- Join Date
- Aug 2005
- Location
- Pittsburgh, PA
- Age
- 42
- Posts
- 21,720
My life is a- Ben Stiller movie.
warranty company even told me "they should not hae sold that to you" and said something along the lines of it's a contract between 3 parties, so i guess you could say that the dealer broke the contract? I gotta get a lawyer.
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06-05-2009, 09:30 AM #14
sounds like the dealer is at fault on this one they should of known better but in reality it can always come back on you because you signed the warrenty with the knowledge on what the warrenty intails. I mean thats what they will come back at you with if you do take it to court then they will most likely say that it ultimalty falls on you for not reading everything.
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06-05-2009, 09:32 AM #15
- Join Date
- Nov 2006
- Location
- Broken Arrow, OK
- Age
- 49
- Posts
- 23,345
Pewter metallic- 2000 Camaro SS
You are phucked. They are gonna claim those mods weren't on the car when they sold it to you and that you modded it and voided the warranty. You better have proof all those mods were on the car when you bought it or its your word against theirs, in essence, you are phucked.
I would get it in writing that they have offered to do the work free of labor charge and that will give you some proof that they are taking blame. If they didn't feel guilty of something would they have offered that???? That would give you something to work with if it goes to litigation. Best case scenario, get your money back for the warranty and put that towards a new motor. I wouldn't have the stealership doing any work on your car at all.Last edited by Y2KPewterSS; 06-05-2009 at 09:41 AM.
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06-05-2009, 09:54 AM #16
- Join Date
- Aug 2005
- Location
- Pittsburgh, PA
- Age
- 42
- Posts
- 21,720
My life is a- Ben Stiller movie.
Pres, that's my #1 issue; proof. I figure with a lawyer, i can obtain the previous owner's info, contact them and see if he will testify or even have proof that he modded the exhaust.
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06-05-2009, 10:15 AM #17
That's real shame bud. If you had the records or even the receipts with the dates when the after market stuff was purchased that maybe a help to you. But I think I'm with Preston on this one. I think you're f'd. ALWAYS read BEFORE you put you signature on anything! Once you sign you're liable.. Good Lock man...
Suggestion: If you are particularly irritated by another member's posting habits and are constantly fighting the urge to flame them, you can click on that person's profile, and select "Add to ignore list." This will make that person's posts invisible to you.
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06-05-2009, 10:25 AM #18
if the dealership offered you the warranty, go after them. they should have known better selling you a modded car.
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06-05-2009, 10:26 AM #19
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06-05-2009, 10:29 AM #20
- Join Date
- Mar 2007
- Location
- Henryetta/Tulsa Oklahoma
- Age
- 39
- Posts
- 3,675
2016 Camaro SS - Summit- 2001 Trans Am WS6 - NBM
Buy a 408, that's what all the hydrolocked guys are doing
Fighting this could cost you a lot more money than paying for a new engine, keep that in mind...
2016 Summit White 1SS - The DD - Mishimoto catch can, Solo axleback & secondary cat delete, LED sidemarkers & reverse lights, head/taillight blackout, RCC custom badges
2001 NBM Trans Am WS6 - Torquer V2 cam, Yank 3000 stall, Transgo kit, Racetronix fuel pump, TSP LTs, Magnaflow catback, Strano Springs/Koni STR.T shocks, 17x9.5/17x11 TTII's
2000 Arctic White SS #1667 - Sold
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