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Small claims court viable?

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thewhopper

Junior Member
California

Vehicle Problems: Purchased 2004 Mitsubishi Endeavour XLS that came with a
10 year / 100,000 miles Powertrain warranty, in December of 2004.

Mid-2009 I noticed a problem with my transmission...while under warranty.
Didn’t report the issue as it was sporadic and not reproducible. I took
this to be normal wear-and-tear. How was I supposed to know the
transmission was going bad?

At 103,000 miles the transmission broke down. Mitsubishi determined the
transmission needed to be replaced (internal failure of transmission) at
my cost of at least $6,400 since I exceeded the powertrain by 3,000 miles.
The price to fix the car equals if not exceeds the value of the car, which
has decreased considerably due to the paint, which I am told a class
action lawsuit is pending.

As of 3/26, Mitsubishi Motors of North America (main office not a dealer)refused to cover any expenses (via email) because
they claim I drove the car while the transmission fluid was low. I have
tons of service receipts (took great care of the car) and could not find
anything that supports their claim. After sending an email refuting their
false claim, on 4/5, Mitsubishi retracted their claim (via e-mail) of low
transmission fluid and now claims it was because EZ Lube put in
transmission fluid not rated for the Endeavor. (sudden change in story?)

I was experiencing problems with the transmission since mid-2009, the more
troublesome problems started prior to changing the fluid on 2/24/10. I
find it difficult to believe (and mechanically impossible) a transmission
can experience an internal failure within a week after putting in Chevron
multi-vehicle ATF.

MORE INFORMATION:

1. Based on my experience working on cars,
I know a transmission never fails gradually over a couple weeks under
normal driving conditions without exhibiting symptoms previously, which
mine did. There is no preventative maintenance to neither reverse nor stem
the deterioration of a transmission.

2. I took far better care of my car than this guy who some how is still going strong even after 300,000 miles.
Mitsubishi Motors -

*Never used the Endeavor to tow anything
*Never went off-roading
*Never more than 3 passengers, most of the time just my fiancé and my son
*Service maintenance performed by the dealer until 60,000 miles
*Used only nationally recognized companies for all regular scheduled
maintenance
*Farthest I’ve ever traveled has been to Las Vegas which is about 320
miles north of San Diego, CA.
*I don't live in area that snows...per the picture.

#3 - Other people are reporting similar issues.

Mitsubishi Endeavor Forums & Discussions - CarSpace Automotive Forums


Do a search for "TRANSMISSION". I'm the latest one.


#4 - Transmission fluid was very dark at very first transmission fluid
change (around 33,000) per Poway Mitsubishi receipt. I think this
weakened the integrity of the transmission. That would explain why it
totally broke down at 103,000 miles as opposed to 300,000 (per link in #2)

What are my chances in small claims court?

I apologize for the length of the post...
 


Zigner

Senior Member, Non-Attorney
California

Vehicle Problems: Purchased 2004 Mitsubishi Endeavour XLS that came with a
10 year / 100,000 miles Powertrain warranty, in December of 2004.

Mid-2009 I noticed a problem with my transmission...while under warranty.
Didn’t report the issue as it was sporadic and not reproducible. I took
this to be normal wear-and-tear. How was I supposed to know the
transmission was going bad?

At 103,000 miles the transmission broke down. Mitsubishi determined the
transmission needed to be replaced (internal failure of transmission) at
my cost of at least $6,400 since I exceeded the powertrain by 3,000 miles.
The price to fix the car equals if not exceeds the value of the car, which
has decreased considerably due to the paint, which I am told a class
action lawsuit is pending.

As of 3/26, Mitsubishi Motors of North America (main office not a dealer)refused to cover any expenses (via email) because
they claim I drove the car while the transmission fluid was low. I have
tons of service receipts (took great care of the car) and could not find
anything that supports their claim. After sending an email refuting their
false claim, on 4/5, Mitsubishi retracted their claim (via e-mail) of low
transmission fluid and now claims it was because EZ Lube put in
transmission fluid not rated for the Endeavor. (sudden change in story?)

I was experiencing problems with the transmission since mid-2009, the more
troublesome problems started prior to changing the fluid on 2/24/10. I
find it difficult to believe (and mechanically impossible) a transmission
can experience an internal failure within a week after putting in Chevron
multi-vehicle ATF.

MORE INFORMATION:

1. Based on my experience working on cars,
I know a transmission never fails gradually over a couple weeks under
normal driving conditions without exhibiting symptoms previously, which
mine did. There is no preventative maintenance to neither reverse nor stem
the deterioration of a transmission.

2. I took far better care of my car than this guy who some how is still going strong even after 300,000 miles.
Mitsubishi Motors -

*Never used the Endeavor to tow anything
*Never went off-roading
*Never more than 3 passengers, most of the time just my fiancé and my son
*Service maintenance performed by the dealer until 60,000 miles
*Used only nationally recognized companies for all regular scheduled
maintenance
*Farthest I’ve ever traveled has been to Las Vegas which is about 320
miles north of San Diego, CA.
*I don't live in area that snows...per the picture.

#3 - Other people are reporting similar issues.

Mitsubishi Endeavor Forums & Discussions - CarSpace Automotive Forums


Do a search for "TRANSMISSION". I'm the latest one.


#4 - Transmission fluid was very dark at very first transmission fluid
change (around 33,000) per Poway Mitsubishi receipt. I think this
weakened the integrity of the transmission. That would explain why it
totally broke down at 103,000 miles as opposed to 300,000 (per link in #2)

What are my chances in small claims court?


I apologize for the length of the post...
Slim to none - and Slim just left the building.

Why?
Because "At 103,000 miles the transmission broke down." 103,000 is more than 100,000. You were out of warranty.

Period. Even if, and or but.
 

xylene

Senior Member
I would suggest that you take your truck to an independent mechanic who can most likely repair, replace or install a used transmission for far less than your dealer quoted price.

At least you will have a another fair estimate and can decide if your repair is worth it.

If the repair equals or exceeds the value, like a big ticket repair... well cars go to heaven. :(
 

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