Solo Denial of Warranty Coverage and autocrossing
#1
Denial of Warranty Coverage and autocrossing
There was a thread (actually three threads merged into one) on this issue in 2004. However it is of such importance that I think it’s time for another visit to this topic.
Because of reports that certain manufactures (BMW, Subaru, etc) are terminating warranty coverage for owners who use their cars in autocross events, I very specifically, and on several occasions, asked my MA if MINI was among this group of disingenuous companies. He absolutely assured me on every occasion that “we don’t do that.” I have also heard that some dealers or companies actually scan autocross results and send denial of warranty coverage to owners of their cars. Some dealers have apparently even sent observers to events to see if their cars are being used.
But at the time of delivery and completion of paper work I was told the opposite: autocrossing voided the MIN warranty. This was also the first opportunity I had to see the written description of warranty coverage. It of course stated that participation in “competitive events” voids warranty coverage. As we know, the SCCA does not regard autocrossing as “racing,” but car manufacturers do not have to accept the SCCA position on this subject. People often talk loosely about how they will sue if denied what they regard as proper warranty service, but suing a huge multi-national corporation is not so easy and is very costly. If the company considered the issue important, they would make suing too expensive for any ordinary person to consider.
Note that in the Service and Warranty Information booklet MINI does not specifically mention autocross. Rather, they use the term “competitive events,” an ill-defined term. Is not a question of damage associated with a “competitive event” not being covered. MINI USA goes much further; they exclude from coverage vehicles used in competitive events. The wording seems to say that if the car is autocrossed, even once, it is no longer covered under the MINI vehicle warranty, quite a sweeping exclusion.
This has raised several questions in my mind; others may have different thoughts. Does the Federal Law re modifications and warranty coverage have any force in this area? Did the MA, an agent of MINI USA, not guarantee me with coverage when he said, “we don’t do that,” when asked about voiding warranty coverage for autocross participation? Do those of us who enjoy autocrossing have any kind of options? Car companies, like MINI, that market their cars as sporty, high performance, etc., seem to be making an implied warranty that their products are suitable for high performance motoring. In fact, it seems to me that some of their advertising seems either to imply that their car’s are good for such events as autocrossing, or even brag of their cars’ successes. Am I right about this? One sees so many ads that it gets hard to determine who is claming what.
What do other forum members have to say about this issue? My MA suggested with a wink that I use an alias for autocrossing. I hope we will not be forced to use false names when enjoying our sport, but who knows . . .
Joe Smith
Because of reports that certain manufactures (BMW, Subaru, etc) are terminating warranty coverage for owners who use their cars in autocross events, I very specifically, and on several occasions, asked my MA if MINI was among this group of disingenuous companies. He absolutely assured me on every occasion that “we don’t do that.” I have also heard that some dealers or companies actually scan autocross results and send denial of warranty coverage to owners of their cars. Some dealers have apparently even sent observers to events to see if their cars are being used.
But at the time of delivery and completion of paper work I was told the opposite: autocrossing voided the MIN warranty. This was also the first opportunity I had to see the written description of warranty coverage. It of course stated that participation in “competitive events” voids warranty coverage. As we know, the SCCA does not regard autocrossing as “racing,” but car manufacturers do not have to accept the SCCA position on this subject. People often talk loosely about how they will sue if denied what they regard as proper warranty service, but suing a huge multi-national corporation is not so easy and is very costly. If the company considered the issue important, they would make suing too expensive for any ordinary person to consider.
Note that in the Service and Warranty Information booklet MINI does not specifically mention autocross. Rather, they use the term “competitive events,” an ill-defined term. Is not a question of damage associated with a “competitive event” not being covered. MINI USA goes much further; they exclude from coverage vehicles used in competitive events. The wording seems to say that if the car is autocrossed, even once, it is no longer covered under the MINI vehicle warranty, quite a sweeping exclusion.
This has raised several questions in my mind; others may have different thoughts. Does the Federal Law re modifications and warranty coverage have any force in this area? Did the MA, an agent of MINI USA, not guarantee me with coverage when he said, “we don’t do that,” when asked about voiding warranty coverage for autocross participation? Do those of us who enjoy autocrossing have any kind of options? Car companies, like MINI, that market their cars as sporty, high performance, etc., seem to be making an implied warranty that their products are suitable for high performance motoring. In fact, it seems to me that some of their advertising seems either to imply that their car’s are good for such events as autocrossing, or even brag of their cars’ successes. Am I right about this? One sees so many ads that it gets hard to determine who is claming what.
What do other forum members have to say about this issue? My MA suggested with a wink that I use an alias for autocrossing. I hope we will not be forced to use false names when enjoying our sport, but who knows . . .
Joe Smith
Last edited by graphicjoe; 04-07-2007 at 08:29 PM. Reason: Removal of editing indications
#3
Mitsubishi got away with it. I wouldn't be suprised if all car companies followed suit. Subaru used to give a free membership to the SCCA with the purchase of a WRX some years ago. How can a car company advertise performance then say it's too hard on the car? I use a different name than my full legal name at events. Guess it will pay off.
#4
Here's the deal on warranty claims. First of all a dealer would have to suspect that you've done something to wreck the car due to autocross. I suppose a missed shift is a possibility of something that could lead to a problem. Then they have to go out and do a Google search and proove that you were driving your own car in the event.
Now there's a reason they won't do that. It's not in the dealer's best interests to do this. The manufacturer pays them for the work. Dealers like it when you bring in the car to be serviced, because it's more money for them.
Now there's a reason they won't do that. It's not in the dealer's best interests to do this. The manufacturer pays them for the work. Dealers like it when you bring in the car to be serviced, because it's more money for them.
#5
I suggest you read this thread https://www.northamericanmotoring.co...ad.php?t=49580
Although its about a MM case, Skip clearly indicates that MINIUSA denied warranty service for tracking his car (along with performance mods). The dealer did not know ... MINIUSA knew.
I would also check your auto insurance as some companies are clearing writing into their policies that if you compete in a competive event, your insurance will be canceled.
Although its about a MM case, Skip clearly indicates that MINIUSA denied warranty service for tracking his car (along with performance mods). The dealer did not know ... MINIUSA knew.
I would also check your auto insurance as some companies are clearing writing into their policies that if you compete in a competive event, your insurance will be canceled.
#6
Mini of Pittsburgh has denied warranty repair of a 2005 MCS trani that failed during an autocross. There were no mods on the car.
Here's a long thread about it:
http://www.racepa.com/forums/index.p...hl=p&w
Bottom line, they can deny warranty repair. It's up to the dealer whether they do or not. Mini of Pittsburgh sponsors track days and other performance driving events through the Pitt Stop Mini club. I asked, in a thread on NAM, if MoP would cover warranty repairs at a sponsored track day. They declined to answer.
Here's a long thread about it:
http://www.racepa.com/forums/index.p...hl=p&w
Bottom line, they can deny warranty repair. It's up to the dealer whether they do or not. Mini of Pittsburgh sponsors track days and other performance driving events through the Pitt Stop Mini club. I asked, in a thread on NAM, if MoP would cover warranty repairs at a sponsored track day. They declined to answer.
#7
Mini of Pittsburgh has denied warranty repair of a 2005 MCS trani that failed during an autocross. There were no mods on the car.
Here's a long thread about it:
http://www.racepa.com/forums/index.p...hl=p&w
Here's a long thread about it:
http://www.racepa.com/forums/index.p...hl=p&w
When I called MiniUSA and gave them my VIN, they immediately mentioned the fact that I track the car - subsequent research showed that my VIN had indeed been tagged for "racing".
The correspondence my counsel received from BMW's hired gorillas stated that my car had been noted as a participant in several track events and referenced the fact that BMWNA had clearly stated in their warranty that competitive and/or time events were cause for nullifying my warranty.
https://www.northamericanmotoring.co...2&postcount=49
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#8
In 20 years of autocrossing, this is something that I've never worried about.
Don't wreck the car and you'll be fine. I've never had any problems getting warrenty work done on any of our stock class autocross cars. The mechanics can obviously notice the aftermarket shocks, light weight muffler, different front sway bar, etc.... But they have yet to say anything about it. If anything, they are interested in how I'm doing with the car!
Besides, how could they really tell if you're "racing" the car? So you've made some modifications to the car....that doesn't mean you've been racing it.
If you're really worried about it, do like a local Mitsubishi Evo driver does, he registers under the name Ace Ventura. Point being, he turns the issue into something funny rather than making an issue out of it.
My only fear is a different subject. Wrecking the car at an event and making an insurance claim to get the body work fixed. Luckily, I've never had to deal with that. (crossing fingers)
Don't wreck the car and you'll be fine. I've never had any problems getting warrenty work done on any of our stock class autocross cars. The mechanics can obviously notice the aftermarket shocks, light weight muffler, different front sway bar, etc.... But they have yet to say anything about it. If anything, they are interested in how I'm doing with the car!
Besides, how could they really tell if you're "racing" the car? So you've made some modifications to the car....that doesn't mean you've been racing it.
If you're really worried about it, do like a local Mitsubishi Evo driver does, he registers under the name Ace Ventura. Point being, he turns the issue into something funny rather than making an issue out of it.
My only fear is a different subject. Wrecking the car at an event and making an insurance claim to get the body work fixed. Luckily, I've never had to deal with that. (crossing fingers)
#9
MINIUSA promotes racing. They have had a racing program since at least 2004. Here is this years PDF. MINI_Racing_Awards_Program.pdf
I have had no problems getting warranty coverage with 2 different dealerships. Your deal experience may vary.
I have had no problems getting warranty coverage with 2 different dealerships. Your deal experience may vary.
#10
In 20 years of autocrossing, this is something that I've never worried about.
Don't wreck the car and you'll be fine. I've never had any problems getting warrenty work done on any of our stock class autocross cars. The mechanics can obviously notice the aftermarket shocks, light weight muffler, different front sway bar, etc.... But they have yet to say anything about it. If anything, they are interested in how I'm doing with the car!
Besides, how could they really tell if you're "racing" the car? So you've made some modifications to the car....that doesn't mean you've been racing it.
If you're really worried about it, do like a local Mitsubishi Evo driver does, he registers under the name Ace Ventura. Point being, he turns the issue into something funny rather than making an issue out of it.
My only fear is a different subject. Wrecking the car at an event and making an insurance claim to get the body work fixed. Luckily, I've never had to deal with that. (crossing fingers)
Don't wreck the car and you'll be fine. I've never had any problems getting warrenty work done on any of our stock class autocross cars. The mechanics can obviously notice the aftermarket shocks, light weight muffler, different front sway bar, etc.... But they have yet to say anything about it. If anything, they are interested in how I'm doing with the car!
Besides, how could they really tell if you're "racing" the car? So you've made some modifications to the car....that doesn't mean you've been racing it.
If you're really worried about it, do like a local Mitsubishi Evo driver does, he registers under the name Ace Ventura. Point being, he turns the issue into something funny rather than making an issue out of it.
My only fear is a different subject. Wrecking the car at an event and making an insurance claim to get the body work fixed. Luckily, I've never had to deal with that. (crossing fingers)
fritz
#11
MINIUSA promotes racing. They have had a racing program since at least 2004. Here is this years PDF. MINI_Racing_Awards_Program.pdf
The statement in the car's warranty booklet that disallows warranty coverage for cars used in competitive events *might* not stand up in court if they tried to use it to permanently cancel the warranty on a car that has been autocrossed or tracked even once in the past, but it makes a pretty strong basis for denying coverage for damage that occurred *during* a competitive event.
#12
We're not alking about road racing or wrecking at autocrosses, we're talking about engine or tranny failures while autocrossing. I'm sure there have been many instances where the dealer has either not known the car was raced or didn't care. The problem is that they have the right under their warranty to deny coverage and it has happened.
I personally think it's a major mistake. Here in Western Pa several guys that were considering buying MCSs for autocrossing immediately changed their minds.
Caveat emptor.
I personally think it's a major mistake. Here in Western Pa several guys that were considering buying MCSs for autocrossing immediately changed their minds.
Caveat emptor.
#13
Your dealership can be friendly or not to autocrossing. While some are supportive others are not.
In my area on two separate occasions MINI sales persons have owned MINIs that have been autocrossed with the knowledge of management and with their support. Sunday is autocross day and also a work day so they needed an excuse to not be working.
On other occasions MINIs have been taken out on the track by sales persons so obviously there are many approaches on what to do.
I think the MINI is a formidable performance car in it's class and price range and it would be a waste for dealerships to ban autocross use and not cover legitimate problems under warranty.
Out of warranty is a different story. Drive how you like.
Personally I don't think that driving autocross is hard on the car if you drive well and prepare your car just like anything else. Going for a long summer trip across the country- you'll need to prep your car- same thing, be prepared and keep up the standard maintenance.
If anything my MINI is overly maintained, oil and brake fluids are changed very often, plugs, belts, intake filters, brake pads and rotors all changed way early. I rotate wheels nearly every week or 2 most of the year (partly for fun or for shows, events, autocross, etc).
Just this weekend I'm thinking of cleaning/polishing the bottom of my car (mufflers, suspension, brakes, etc).
The MINI is pretty tough and autocross is typically up to highway speeds and usually runs of 35 to 60 seconds x about 4 runs each event. In my normal autocross day I am on course 140 seconds total. Top speed often about 45 to 50. Many times I'm only in first gear. I think I'd do more wear and tear sitting in rush hour traffic for an hour.
In my area on two separate occasions MINI sales persons have owned MINIs that have been autocrossed with the knowledge of management and with their support. Sunday is autocross day and also a work day so they needed an excuse to not be working.
On other occasions MINIs have been taken out on the track by sales persons so obviously there are many approaches on what to do.
I think the MINI is a formidable performance car in it's class and price range and it would be a waste for dealerships to ban autocross use and not cover legitimate problems under warranty.
Out of warranty is a different story. Drive how you like.
Personally I don't think that driving autocross is hard on the car if you drive well and prepare your car just like anything else. Going for a long summer trip across the country- you'll need to prep your car- same thing, be prepared and keep up the standard maintenance.
If anything my MINI is overly maintained, oil and brake fluids are changed very often, plugs, belts, intake filters, brake pads and rotors all changed way early. I rotate wheels nearly every week or 2 most of the year (partly for fun or for shows, events, autocross, etc).
Just this weekend I'm thinking of cleaning/polishing the bottom of my car (mufflers, suspension, brakes, etc).
The MINI is pretty tough and autocross is typically up to highway speeds and usually runs of 35 to 60 seconds x about 4 runs each event. In my normal autocross day I am on course 140 seconds total. Top speed often about 45 to 50. Many times I'm only in first gear. I think I'd do more wear and tear sitting in rush hour traffic for an hour.
#14
Its all in the details, and dealer to dealer specific. I've got an 80K mile Sunfire but all thru my warranty period of 36,000 miles. My dealership knew i autocrossed the car and had a good number of modifications and didn't have any trouble.
Ask other owners what dealerships they bought theres from and if they didn't have a problem with autocross.
Autcross is a Car Control Clinic by official terms and is no different than a Advanced driving instruction. I believe the warranty is more related to Drag Racing, and Track racing, but some get burned.
Steps to prevent warranty issues.
1.) Cover or switch out front and rear license plates while on course(painters tape does fine).
2.) Cover your vin number while at the event.
They usually have to have some form of evidence that that is in fact your car and prove its your vin number. A name online and a Car next to it should not hold up anywhere, but just incase you can register as a different car in the same class.
A mini is in my future as soon as I get a few more $K in debt taken care of, and you can be sure I'll have the Konis, exhaust, wheels, and tires in the garage ready to install before the car comes off the boat.
Ask other owners what dealerships they bought theres from and if they didn't have a problem with autocross.
Autcross is a Car Control Clinic by official terms and is no different than a Advanced driving instruction. I believe the warranty is more related to Drag Racing, and Track racing, but some get burned.
Steps to prevent warranty issues.
1.) Cover or switch out front and rear license plates while on course(painters tape does fine).
2.) Cover your vin number while at the event.
They usually have to have some form of evidence that that is in fact your car and prove its your vin number. A name online and a Car next to it should not hold up anywhere, but just incase you can register as a different car in the same class.
A mini is in my future as soon as I get a few more $K in debt taken care of, and you can be sure I'll have the Konis, exhaust, wheels, and tires in the garage ready to install before the car comes off the boat.
#15
#16
I have never had one single issue with my Mini dealer on warranty claims, and, I have several sponsors logo's on my car.
However, with Nissan, they cancelled my warranty on my new 350Z. I had some tranny issues, they replaced the first tranny at 5K miles, they said it had an issue with the cotter pin or something and thats why it was grinding, then another new tranny at 8K miles. I needed a 3rd at 10K miles, they said I was abusing it and that they were going to cancel my warranty. This was very early on in the production of the 350Z, so, I thought it was very lame of them to pass on the blame to me. I think they were scared I was going to Lemon Law the car, I chose to just sell it to Carmax rather than bother with it. They also had a Nissan Rep out recording VIN numbers on Nissan's at our events. I will never buy a Nissan ever again.
However, with Nissan, they cancelled my warranty on my new 350Z. I had some tranny issues, they replaced the first tranny at 5K miles, they said it had an issue with the cotter pin or something and thats why it was grinding, then another new tranny at 8K miles. I needed a 3rd at 10K miles, they said I was abusing it and that they were going to cancel my warranty. This was very early on in the production of the 350Z, so, I thought it was very lame of them to pass on the blame to me. I think they were scared I was going to Lemon Law the car, I chose to just sell it to Carmax rather than bother with it. They also had a Nissan Rep out recording VIN numbers on Nissan's at our events. I will never buy a Nissan ever again.
Last edited by OasisT; 04-18-2007 at 11:37 AM.
#17
#18
I have never had one single issue with my Mini dealer on warranty claims, and, I have several sponsors logo's on my car.
However, with Nissan, they cancelled my warranty on my new 350Z. I had some tranny issues, they replaced the first tranny at 5K miles, they said it had an issue with the cotter pin or something and thats why it was grinding, then another new tranny at 8K miles. I needed a 3rd at 10K miles, they said I was abusing it and that they were going to cancel my warranty. This was very early on in the production of the 350Z, so, I thought it was very lame of them to pass on the blame to me. I think they were scared I was going to Lemon Law the car, I chose to just sell it to Carmax rather than bother with it. They also had a Nissan Rep out recording VIN numbers on Nissan's at our events. I will never buy a Nissan ever again.
However, with Nissan, they cancelled my warranty on my new 350Z. I had some tranny issues, they replaced the first tranny at 5K miles, they said it had an issue with the cotter pin or something and thats why it was grinding, then another new tranny at 8K miles. I needed a 3rd at 10K miles, they said I was abusing it and that they were going to cancel my warranty. This was very early on in the production of the 350Z, so, I thought it was very lame of them to pass on the blame to me. I think they were scared I was going to Lemon Law the car, I chose to just sell it to Carmax rather than bother with it. They also had a Nissan Rep out recording VIN numbers on Nissan's at our events. I will never buy a Nissan ever again.
#19
#21
What a variety of experience... must be people not policy?
I've had not the slightest hesitation from Mini of Peabody up here in MA on any warranty work. I speak freely and enthusiastically with the staff there regarding autocrossing, and indeed they sponsored an "Octoberfest" event last year at an affiliated BMW dealer which included a little gymkhana style course (1st gear). I even wore their decals to a National a year or two ago.
I would expect that the service manager would be troubled should I bring in obvious battle damage, but the car has been quite reliable. Gary did replace my steering column within the first year of ownership for a known issue with some of the assembly.
85,000 miles, fingers crossed, and probably spending money on shocks not drive train over the winter...
BTW this is a dealer installed JCW car - an '04.
I would expect that the service manager would be troubled should I bring in obvious battle damage, but the car has been quite reliable. Gary did replace my steering column within the first year of ownership for a known issue with some of the assembly.
85,000 miles, fingers crossed, and probably spending money on shocks not drive train over the winter...
BTW this is a dealer installed JCW car - an '04.
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