Rep Power: 297

hey guys...ok so my transmission is going out.

i took my car to honda and they had an adjuster from the Hondacare Warranty come out and look at my car. he took pics. that was yesterday. today, we find out they denied the claim AND cancelled the policy out right.

The thing is...they never opened the transmission to see if the aftermarket clutch is what is causing the problem...i mean, couldn't it be some other, stock part that caused the problem? and if so...since my aftermarket part didnt DIRECTLY cause the problem..wouldn't they have to fix it??

my mods: i/h/e, clutch/flywheel...thats it!

how can they cancel my policy outright? i mean...so i have an aftermarket clutch...and my A/C goes out...they have nothing to do with each other so why wouldn't they still honor the A/C warranty???

do i have a chance if i pursue this more? meaning working up the chain of command or if it gets to the point...going to court

i could really use some advice from anyone who has gone through this or has any helpful information! don't wait...reply now!

 
Rep Power: 297

awesome! thanks for the help guys! lol....

 
Rep Power: 812

hondacare isn't even a real warranty. they can void it by saying you abused the car and thats why it broke. you're out of luck on this one and just so you know the factory transmission has a defective part that breaks and then causes excessive wear. honda knows this and so do most mechanics. call corporate honda and bargain with them. they should offer to pay upto 1/2 of the repair bill. just be sure you sound like you know whats wrong and that you know about the factory defect. they know too so they will try and help. it should have been recalled outright, but they would loose too much money fixing everyone's 01+ tranny.

 
Rep Power: 360

Here is the warrenty law that states that they have to prove that the failing parts were effected by the aftermarket parts

http://www.granatellimotorsports.com/magnusonmoss.htm

 
Rep Power: 812

that doesn't work man. read the hondacare fine print. they can void the warranty for any mod you do thats not honda oem, even a shift ****. that act or law only applies to the factory new car warranty which is 3 years i believe.

 
Rep Power: 304

that is not correct. even if they clause the contract the law states otherwise. the law superscedes any contract. you cant honor a unlawful contract. so in other words i would pursue honda or the warranty company for the repairs and if you have to you can sue them for this. any attorney in his right mind will take this on a contingency and you can have all the costs incurred into the lawsuit. i actually have experience with this, its the only reason i know.

its like signing a contract that gives up your constitutional rights. no one can take them away no matter what your contract says. it has to be proved beyond a reasonable doubt that the mods he did to the car caused to malfunction. Honda tried to do this to a friend of mine's accord. his tranny went bad and they tried to blame it on the lowering springs. it doesnt work that way!!

 
Rep Power: 812

then why did they void his warranty? i see this happen all the time especially with the evo when everything falls apart, because it says in the warranty that "modifications" are not allowed or the warranty is void. I'm not sure why that law would supercede the terms of a warranty... and usually to my knowledge it doesn't happen anyway/

 
Rep Power: 304

i have about 6 close friends that have all fought the issue and won. the vehicle was warrantied with out cost to the owner. one of them was a gsx and he got 2 motors warrantied

 
Rep Power: 812

i guess then its a matter of getting a lawyer and going to court. cause there is no dealership i know that will openly say okay we'll fix your tranny even though you have all sorts of mods.

 
Rep Power: 304

its not about going to court its about how you present the evidence to the warranty company. none of them had to go to court once. the magnuson-moss act is what prevents warranty companies from fraudently voiding warranty on something because an aftermarket part was put on when the part does not or has not effected the part in question. i am not trying to argu just tell my experiences. hope it helps!!

 
Rep Power: 297

thanks guy, i appreciate the info..

while i agree with you, familycar...i was talking it over with my dad..and he agrees with what gearbox is saying.

say if my aftermarket clutch wasn't the direct cause of the problem - they would have to honor my warrenty because of the massusonmoss act,

BUT...in the contract it says:
WHAT IS NOT COVERED
- negligence, misuse or abuse (e.g., overloading, racing, competitive driving activities or snow plowing), or from modification, alteration, tampering, disconnection, improper towing, improper adjustments or servicing, or using the VEHICLE in any manner not recommended by AMERICAN HONDA:

http://www.jayhondacare.com/Sample_Contract.htm <----thats a sample contract...perhaps someone can translate the wording better than i am interpreting it..and maybe i'll have a case?

 
Rep Power: 304

well realistically you didnt modifying anything. you put in a replacement clutch and flywheel. they are aftermarket products meaning they are not HONDA OEM. but the parts are not really "modified". you could use that word as an ambigious term. they dont really state that using aftermarket parts will vold the warranty


and as i thought it should be covered check out this clause

C. Any repair if a non-authorized part or accessory caused or contributed to, the MECHANICAL BREAKDOWN (e.g. aftermarket performance parts, cold air intakes, strut tower braces, headers, adjustable fuel rails, non-factory or non-DEALER installed stereo equipment, radios, speakers, amplifiers, compact disc changers, mp3 players, satellite radio/stereo systems, ect.).
they state right there that the aftermarket parts have to cause or contribute to the mechanical breakdown of the part in question. so they have to prove beyond a reasonable doubt that the aftermarket parts you installed caused the problem.
so there it is right there in plane english i would fight it until they have an investigation done and the parts are proved to be the cause of the malfunction.

 
Rep Power: 297

didn't think about it in those term...thanks for all your help! im beginning to think i may have a fight after all...keep the info coming guys! haha..

btw - just an update, i took my car to a transmission shop..even though i really didn't want to do that...but, i had them to a visual inspection because last time i took it to a similar place they put a HUGE dent in my front fender and denied doing it...anyways...they said it would be about $1500 which is way better than $3700 that Honda quoted!

 
Rep Power: 316

Like I said, way 2 go!