Help! Dealership blaming transmission breakdown on negligence
#1
Help! Dealership blaming transmission breakdown on negligence
Hello all.
So i've had my '06 MC Cabrio for about 6 months before the tranny started breaking down. It eventually got to the point where the I felt like the stick was going to break before popping into gear. Once in gear, it would take about 2-3 seconds for the gear to actually engage.
Anyway, so I have it towed down to Crevier Mini (So. Cal) based on their positive feedback here.
The diagnosis was that, due to driver negligence, the pressure plate was nearly broken in half and has overheating marks all over.
I don't ride the clutch, I don't drive fast or "burn out" like their head technician alluded to. I'm a pretty conservative driver and far from a performance guy.
However, the one thing I did not do (and haven't mentioned to them), was not have the car sent down as soon as I noticed the transmission was a bit off.
My logic was, "good lord, its only 6 months old, it'll be alright".
I'm thinking, if I had taken the car down earlier, they might have diagnosed it as a warranty covered problem - and because I had driven it till it possibly couldn't go any further, it REALLY ****ed the tranny, and makes it seem like I've been abusing the car all along.
Uhg. Thanks so much in advance. There's $2200 on the line.
=============
UPDATES:
for photos of the pressure plate + clutch disc go here:
https://www.northamericanmotoring.co...=105478&page=4
So i've had my '06 MC Cabrio for about 6 months before the tranny started breaking down. It eventually got to the point where the I felt like the stick was going to break before popping into gear. Once in gear, it would take about 2-3 seconds for the gear to actually engage.
Anyway, so I have it towed down to Crevier Mini (So. Cal) based on their positive feedback here.
The diagnosis was that, due to driver negligence, the pressure plate was nearly broken in half and has overheating marks all over.
I don't ride the clutch, I don't drive fast or "burn out" like their head technician alluded to. I'm a pretty conservative driver and far from a performance guy.
However, the one thing I did not do (and haven't mentioned to them), was not have the car sent down as soon as I noticed the transmission was a bit off.
My logic was, "good lord, its only 6 months old, it'll be alright".
I'm thinking, if I had taken the car down earlier, they might have diagnosed it as a warranty covered problem - and because I had driven it till it possibly couldn't go any further, it REALLY ****ed the tranny, and makes it seem like I've been abusing the car all along.
Uhg. Thanks so much in advance. There's $2200 on the line.
=============
UPDATES:
for photos of the pressure plate + clutch disc go here:
https://www.northamericanmotoring.co...=105478&page=4
Last edited by angelos; 07-13-2007 at 01:25 PM.
#2
I'm thinking, if I had taken the car down earlier, they might have diagnosed it as a warranty covered problem - and because I had driven it till it possibly couldn't go any further, it REALLY ****ed the tranny, and makes it seem like I've been abusing the car all along
Yep might should have done that, these things don't fix themselves very often.
Yep might should have done that, these things don't fix themselves very often.
#3
Well, I would guess your assumption in your last paragraph is true. For example, if your radiator sprung a leak and you immediately brought it in, would it be negligence? But, if you decided to ignore it and drive around until the car croaked would it be? Although I can't come up with any ideas here, I must say I don't get MINI owners' reluctance to get warranty work done.
#4
I don't think Crevier EVER had good ratings: http://www.dealerrater.com/dealer/Cr...-review-15554/
#5
thanks so much for the quick feedback.
i suppose my own lack of experience is to blame.
a slightly stiffer shift seemed like something i just had to deal with as a car ages. or natural clutch wear.
the sense of urgency wasn't there, but in retrospect, i should've taken it in earlier.
in my defense, my schedule is painfully packed, and most of the so.cal dealerships don't dole out rentals.
still, do you guys think this is a fight i could win?
i suppose my own lack of experience is to blame.
a slightly stiffer shift seemed like something i just had to deal with as a car ages. or natural clutch wear.
the sense of urgency wasn't there, but in retrospect, i should've taken it in earlier.
in my defense, my schedule is painfully packed, and most of the so.cal dealerships don't dole out rentals.
still, do you guys think this is a fight i could win?
#6
"I don't think Crevier EVER had good ratings: http://www.dealerrater.com/dealer/Cr...-review-15554/"
UHG, I combed the NAM forums and Crevier seemed to have decent rapport.
Certainly better than Assael Mini (where i purchased mine) or Alexander Mini's reputations.
edit: also, it seems that was only one person's review. shrug.
UHG, I combed the NAM forums and Crevier seemed to have decent rapport.
Certainly better than Assael Mini (where i purchased mine) or Alexander Mini's reputations.
edit: also, it seems that was only one person's review. shrug.
Last edited by angelos; 06-27-2007 at 10:52 AM.
#7
pound on them until they fix it under warrenty. Negligence with a 6mo old car... come on.
a lot of mini owners have no idea what their engine looks like... granted they prob don't post on nam but i mean come on. beat the daylights out of them get mini-usa involved and if all else fails... move the car to another dealer and rinse repeat.
You should have brought the car in sooner but you didn't... moot point imo. A lot of mini owners would have handled it the same.
a lot of mini owners have no idea what their engine looks like... granted they prob don't post on nam but i mean come on. beat the daylights out of them get mini-usa involved and if all else fails... move the car to another dealer and rinse repeat.
You should have brought the car in sooner but you didn't... moot point imo. A lot of mini owners would have handled it the same.
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#11
Of course this is a fight you should win. I would try another dealer and not volunteer your reluctance to deal with the problem. No matter how you look at this, MINI has a responsibility to fix this. If you really feel guilty that you were partially to blame, you might settle for a partial claim and pay a percentage, but frankly I suspect it will be easier to get MINI to take full responsibility than partial, so I would not even go there except as a last resort. If the next dealer isn't any more compliant, by all means escalate to MINI.
#13
you are all scholars and gentlemen/women. THANK YOU.
i feel empowered.
i just talked with a friend that had a used VW with over 100k miles on it.
he drove it really hard, peeled out often, and the pressure plate didn't give for a good 1.5 years.
so for the plate to crack in half after 6 months of conservative driving on a brand new car...
i feel empowered.
i just talked with a friend that had a used VW with over 100k miles on it.
he drove it really hard, peeled out often, and the pressure plate didn't give for a good 1.5 years.
so for the plate to crack in half after 6 months of conservative driving on a brand new car...
#14
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I would ask the dealer for more proof to support their claim that you drive the car too hard. Are the tires excessively worn from burnouts? Are the brakes excessively worn as well? If you are driving the car normally, then there should be no other evidence to support their "theory" - which is all they have...
#16
Despite what I said earlier, I would at least put up a fight. Unfortunately, in a "can't prove it situation", the dealer has the practical, if not the legal, upper hand.... Still, wouldn't hurt to try. Getting MINI USA involved could help.
Remember, though, the issue isn't simply that something was wrong, but also if your ignoring it caused substantially more damage, per my previous example.
Remember, though, the issue isn't simply that something was wrong, but also if your ignoring it caused substantially more damage, per my previous example.
Last edited by Loony2N; 06-27-2007 at 12:28 PM. Reason: add info.
#17
#19
Hello all.
So i've had my '06 MC Cabrio for about 6 months before the tranny started breaking down. It eventually got to the point where the I felt like the stick was going to break before popping into gear. Once in gear, it would take about 2-3 seconds for the gear to actually engage.
Anyway, so I have it towed down to Crevier Mini (So. Cal) based on their positive feedback here.
The diagnosis was that, due to driver negligence, the pressure plate was nearly broken in half and has overheating marks all over.
I don't ride the clutch, I don't drive fast or "burn out" like their head technician alluded to. I'm a pretty conservative driver and far from a performance guy.
However, the one thing I did not do (and haven't mentioned to them), was not have the car sent down as soon as I noticed the transmission was a bit off.
My logic was, "good lord, its only 6 months old, it'll be alright".
I'm thinking, if I had taken the car down earlier, they might have diagnosed it as a warranty covered problem - and because I had driven it till it possibly couldn't go any further, it REALLY ****ed the tranny, and makes it seem like I've been abusing the car all along.
Uhg. Thanks so much in advance. There's $2200 on the line.
So i've had my '06 MC Cabrio for about 6 months before the tranny started breaking down. It eventually got to the point where the I felt like the stick was going to break before popping into gear. Once in gear, it would take about 2-3 seconds for the gear to actually engage.
Anyway, so I have it towed down to Crevier Mini (So. Cal) based on their positive feedback here.
The diagnosis was that, due to driver negligence, the pressure plate was nearly broken in half and has overheating marks all over.
I don't ride the clutch, I don't drive fast or "burn out" like their head technician alluded to. I'm a pretty conservative driver and far from a performance guy.
However, the one thing I did not do (and haven't mentioned to them), was not have the car sent down as soon as I noticed the transmission was a bit off.
My logic was, "good lord, its only 6 months old, it'll be alright".
I'm thinking, if I had taken the car down earlier, they might have diagnosed it as a warranty covered problem - and because I had driven it till it possibly couldn't go any further, it REALLY ****ed the tranny, and makes it seem like I've been abusing the car all along.
Uhg. Thanks so much in advance. There's $2200 on the line.
#20
I don't know why the dealer should have an upper hand. This is a 6 month old car and the clutch goes out. No way this should happen but when it does, this is clearly a defect in the parts, workmanship or both. You have a warranty and you should be able to drive your car aggressively. You didn't drive off a cliff, did you?. Thats all they promote in their adds, quick stops, performamnce, etc. Even if you drive the car hard and fast, the clutch goes out in 6 months, no way. Even a novice on a manual transmission gets pretty good after a few days. Now I'm getting upset and I don't even have my car yet. BTW, Santa tried to screw me on a new r56 with approx. $3K over invoice and 3 months later called and emailed and said they are MSRP. I don't trust them. Take it somewhere else if you can. And what about all those engine lights going on after 14 miles, 3K, etc. You take it in right away and they say nothing is wrong and you should keep driving until the so called "fix" in July. As long as it serves their purpose. Do you have financing for this car. Call them up and say I may not be able to pay this month because my "new" car needs a $2,200 clutch and eventhough its under warranty, the dealer is trying to screw me. You would be surprised if your loan co. thought you would default on a loan because your new car with a full warranty could not be driven due to mechanical failure. You should not pay a dime more for the clutch. I need to calm down. ***Disclaimer. This all asumes you didn't drive your car off the cliff.
#21
I purchased my mini from Asssael Mini, but after hearing some bad accounts on NAM, i opted for Crevier.
#22
I don't know why the dealer should have an upper hand. This is a 6 month old car and the clutch goes out. No way this should happen but when it does, this is clearly a defect in the parts, workmanship or both. You have a warranty and you should be able to drive your car aggressively. You didn't drive off a cliff, did you?. Thats all they promote in their adds, quick stops, performamnce, etc. Even if you drive the car hard and fast, the clutch goes out in 6 months, no way. Even a novice on a manual transmission gets pretty good after a few days. Now I'm getting upset and I don't even have my car yet. BTW, Santa tried to screw me on a new r56 with approx. $3K over invoice and 3 months later called and emailed and said they are MSRP. I don't trust them. Take it somewhere else if you can. And what about all those engine lights going on after 14 miles, 3K, etc. You take it in right away and they say nothing is wrong and you should keep driving until the so called "fix" in July. As long as it serves their purpose. Do you have financing for this car. Call them up and say I may not be able to pay this month because my "new" car needs a $2,200 clutch and eventhough its under warranty, the dealer is trying to screw me. You would be surprised if your loan co. thought you would default on a loan because your new car with a full warranty could not be driven due to mechanical failure. You should not pay a dime more for the clutch. I need to calm down. ***Disclaimer. This all asumes you didn't drive your car off the cliff.
This whole car breaking down + maintenance ******** has left me wishing I had gone with a used honda civic.
All this support has definitely been a moral booster though.
I'm going to call them in about 10 minutes and I'll keep everyone posted on what happens.
There is a caveat I forgot to mention.
Several days ago, Kyle, their head technician, called and asked for verbal authorization to disassmble the tranny.
Basically, that I would agree to pay half the service cost should it turn out to be negligence. I'm guessing its so I don't have it taken to a different shop or whatever. It was a bit confusing.
Again, Crevier Mini (www.creviermini.com).
#23
That, and he said the pressure plate was broken - I'm no tranny guru, but even if you were riding the clutch you'd see wear on the clutch plate, but that wouldn't crack the pressure plate. Sounds like a defective part.
Though with a faulty clutch, the only real fix is to replace the clutch plate, pressure plate and throwout bearing. Not like an adjustment would fix the problem.
Though with a faulty clutch, the only real fix is to replace the clutch plate, pressure plate and throwout bearing. Not like an adjustment would fix the problem.
#24
I just called back Kyle (head Crevier Mini tech) and Mini North America.
I laid out all the points you fine people have been making.
Kyle:
"even driving 1 mile while riding the clutch can cause it to overhead and bust. If you were to take it to any other dealership, they'd diagnose it the same."
Me:
"But I can't, because you had me agree to pay for your techs to disassemble the tranny should the outcome be negligence.
You know, when the probled kicked in, i pulled over and let the car rest for about 30 minutes. I had to get to where i was going and drive the damn thing. i'm not going to sit around in some shady part of east los angeles."
So given his logic, that final push could have been what caused the pressure plate to crack. Hopefully my case is still strong.
Regardless if i should have taken it in sooner or not, everything seems to stem from a defective part.
I submitted a formal complaint with Mini North America.
and now I wait.
thanks again everyone.
I laid out all the points you fine people have been making.
Kyle:
"even driving 1 mile while riding the clutch can cause it to overhead and bust. If you were to take it to any other dealership, they'd diagnose it the same."
Me:
"But I can't, because you had me agree to pay for your techs to disassemble the tranny should the outcome be negligence.
You know, when the probled kicked in, i pulled over and let the car rest for about 30 minutes. I had to get to where i was going and drive the damn thing. i'm not going to sit around in some shady part of east los angeles."
So given his logic, that final push could have been what caused the pressure plate to crack. Hopefully my case is still strong.
Regardless if i should have taken it in sooner or not, everything seems to stem from a defective part.
I submitted a formal complaint with Mini North America.
and now I wait.
thanks again everyone.