Blown engine need legal advise Mazda denise warranty
12-01-2010, 09:51 PM
#1
for hire
Thread Starter
Join Date: Aug 2005
Location: broward
Posts: 172
Likes: 0
Received 0 Likes
on
0 Posts
Blown engine need legal advise Mazda denise warranty
What's up guys, I have been dealing with mazda directly for since april trying to get them to replace my blow engine. they have totally denied me again and again, i had a friend lawyer who does not deal with this cases send them letters requesting for them to honor it but they kept saying they won't. saying that i don't have enough oil maintanace record since I did some of the oil changes myself even though I have provided them with recipts. my lawyer to me to get someone who deal with this types of case socan get it resolved. those anyone here know where I can turn to?
12-01-2010, 09:56 PM
#2
SARX Legend
iTrader: (46)
I suggest posting up in the regional gulf forum, some of the local FL may be able to help. But honestly this is a new tactic and it is supported by law. It's bullshit but you are responsible to maintain the car and keep a record of it. I suggest getting a products liability or lemon law lawyer.
Are there gaps in your receipts?
Are there gaps in your receipts?
12-02-2010, 10:56 AM
#9
for hire
Thread Starter
Join Date: Aug 2005
Location: broward
Posts: 172
Likes: 0
Received 0 Likes
on
0 Posts
I suggest posting up in the regional gulf forum, some of the local FL may be able to help. But honestly this is a new tactic and it is supported by law. It's bullshit but you are responsible to maintain the car and keep a record of it. I suggest getting a products liability or lemon law lawyer.
Are there gaps in your receipts?
Are there gaps in your receipts?
12-02-2010, 11:51 AM
#10
for hire
Thread Starter
Join Date: Aug 2005
Location: broward
Posts: 172
Likes: 0
Received 0 Likes
on
0 Posts
12-02-2010, 12:24 PM
#12
for hire
Thread Starter
Join Date: Aug 2005
Location: broward
Posts: 172
Likes: 0
Received 0 Likes
on
0 Posts
This is the letter my lawyer (who does not handle this kind of cases) send them..
As you know, we represent Gilbert Machado regarding the warranty dispute on his 2004 Mazda Rx-8. In your previous electronic correspondence dated September 27, 2010 (attached below), you indicated that pursuant to the investigation of the claim, Mazda was denying warranty coverage due to lack of maintenance.
At this time, we are providing further documentation for your review. As you can see from the attached invoices, on May 31, 2008, Mr. Machado purchased a 12 pack of filters and 5 gallons of motor oil from ebay. He made this large online purchase because he had been spending too much money on individual oil and filters which he was purchasing locally in the past. As you know, there are 4 quarts in a gallon; therefore, 5 gallons of motor oil would suffice for up to 5 oil changes. I am also enclosing for your review a maintenance record log which reflects that Mr. Machado performed his own oil changes every two to three months or every 3,000 miles, as required. These oil changes were performed during the period of time from 10-31-07 through 3-22-10, and as you know, his car was towed in April 2010 to Lou Bachrodt Mazda in Coconut Creek due to the engine losing compression problem. Therefore, Mr. Machado performed accurate maintenance to his vehicle throughout the entire time in question.
As to the aftermarket battery and cold air intake that Mr. Machado had installed on his vehicle, US Code - Title 15, Chapter 50, Sections 2301-2312 indicate that: "Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure of the vehicle (per the Magnuson Moss Warranty Act (U.S.C.2302(C))", which as you may well know, neither one of these parts contributed to the loss of engine compression. However, Mazda's recall on the engine's apex seal did cause loss of compression.
We are once again demanding replacement and/or payment to Mr. Machado for a new engine under the current warranty that he has with Mazda. Furthermore, Mr. Machado is now out of pocket approximately $9,305.16 ($1,550.86 per month for 6 months) due to the necessity of a rental vehicle.
We would appreciate your review of the above documents and ask that you contact us in an effort to amicably resolve this matter.
This is there responce:
Mazda has reviewed the vehicle and the case thoroughly and is denying warranty repair for the engine due to lack of maintenance. The receipts provided do not show evidence that proper maintenance was performed on the vehicle.
As you know, we represent Gilbert Machado regarding the warranty dispute on his 2004 Mazda Rx-8. In your previous electronic correspondence dated September 27, 2010 (attached below), you indicated that pursuant to the investigation of the claim, Mazda was denying warranty coverage due to lack of maintenance.
At this time, we are providing further documentation for your review. As you can see from the attached invoices, on May 31, 2008, Mr. Machado purchased a 12 pack of filters and 5 gallons of motor oil from ebay. He made this large online purchase because he had been spending too much money on individual oil and filters which he was purchasing locally in the past. As you know, there are 4 quarts in a gallon; therefore, 5 gallons of motor oil would suffice for up to 5 oil changes. I am also enclosing for your review a maintenance record log which reflects that Mr. Machado performed his own oil changes every two to three months or every 3,000 miles, as required. These oil changes were performed during the period of time from 10-31-07 through 3-22-10, and as you know, his car was towed in April 2010 to Lou Bachrodt Mazda in Coconut Creek due to the engine losing compression problem. Therefore, Mr. Machado performed accurate maintenance to his vehicle throughout the entire time in question.
As to the aftermarket battery and cold air intake that Mr. Machado had installed on his vehicle, US Code - Title 15, Chapter 50, Sections 2301-2312 indicate that: "Legally, a vehicle manufacturer cannot void the warranty on a vehicle due to an aftermarket part unless they can prove that the aftermarket part caused or contributed to the failure of the vehicle (per the Magnuson Moss Warranty Act (U.S.C.2302(C))", which as you may well know, neither one of these parts contributed to the loss of engine compression. However, Mazda's recall on the engine's apex seal did cause loss of compression.
We are once again demanding replacement and/or payment to Mr. Machado for a new engine under the current warranty that he has with Mazda. Furthermore, Mr. Machado is now out of pocket approximately $9,305.16 ($1,550.86 per month for 6 months) due to the necessity of a rental vehicle.
We would appreciate your review of the above documents and ask that you contact us in an effort to amicably resolve this matter.
This is there responce:
Mazda has reviewed the vehicle and the case thoroughly and is denying warranty repair for the engine due to lack of maintenance. The receipts provided do not show evidence that proper maintenance was performed on the vehicle.
12-02-2010, 12:33 PM
#14
This will probably be a hard one to fight since you bought a large quantity of oil and filters at once. There is no way to ensure that you had changed it when needed. I'm not taking their side, I'm just offering up a possible why.
What kind and weight was the oil. It may have an impact on their decision.
I would find a lawyer that deal with warranty and lemon law issues as stated earlier.
What kind and weight was the oil. It may have an impact on their decision.
I would find a lawyer that deal with warranty and lemon law issues as stated earlier.
12-02-2010, 12:42 PM
#16
for hire
Thread Starter
Join Date: Aug 2005
Location: broward
Posts: 172
Likes: 0
Received 0 Likes
on
0 Posts
This will probably be a hard one to fight since you bought a large quantity of oil and filters at once. There is no way to ensure that you had changed it when needed. I'm not taking their side, I'm just offering up a possible why.
What kind and weight was the oil. It may have an impact on their decision.
I would find a lawyer that deal with warranty and lemon law issues as stated earlier.
What kind and weight was the oil. It may have an impact on their decision.
I would find a lawyer that deal with warranty and lemon law issues as stated earlier.
12-02-2010, 12:45 PM
#17
I've heard of Mazda denying warranty based on use of synthetic as it is not recommended (by mazda). There are a couple of stories on the bored here about it. They may be saying that using synthetic was improper maintenance. 
Good luck man. I hope there is a positive outcome for you.
Good luck man. I hope there is a positive outcome for you.
12-02-2010, 12:45 PM
#18
for hire
Thread Starter
Join Date: Aug 2005
Location: broward
Posts: 172
Likes: 0
Received 0 Likes
on
0 Posts
miles date
53486 Oil change and filter 12/24/07
56136 Oil change and filter 2/18/08
59484 Oil change and filter Spark plug 4/14/08
62194 Oil change and filter 7/21/08
65347 Oil change and filter 9/15/08
68526 Oil change and filter 11/21/08
73264 Oil change and filter 03/16/09
76146 Oil change and filter 6/8/09
79352 Oil change and filter 9/28/09
82231 Oil change and filter Spark plug 12/28/10
85515 Oil change and filter 3/22/10
12-02-2010, 12:51 PM
#19
for hire
Thread Starter
Join Date: Aug 2005
Location: broward
Posts: 172
Likes: 0
Received 0 Likes
on
0 Posts
I was looking to see if anyone else had had the same headache and if they took it all the way to the end and what ended up happening?... If not now there will be some kind of help or protocol to go by, they just don't give up and let them get away with it....
12-02-2010, 01:11 PM
#20
Registered
Mazda warrants that new Mazda cars and trucks will be free of defects with normal use and prescribed maintenance for 36 months or 36,000 miles
Did you only have receipts for 5 gallons of oil? That would probably only do about 4 total oil changes with some left over. I know when I change mine I usually only get about 1 gallon of oil out. You told them you did 5 oil changes, which might be possible but over a 3 year period that 5 gallon jug probably wouldnt even be enough to top off your oil between changes lol.
If you only have receipts for the 5 gallon jug of oil then I think your screwed. By getting a lawyer you might just be digging your hole deeper.
Last edited by xexok; 12-02-2010 at 01:14 PM.
12-02-2010, 01:16 PM
#21
Registered
Join Date: Sep 2009
Location: SF Bay Area
Posts: 250
Likes: 0
Received 0 Likes
on
0 Posts
It sounds like Mazda is denying your warranty claim due to insufficient evidence that the oil was actually changed (they are more or less ignoring the receipts for oil purchased). This means that anyone doing their own oil changes would have the same problem.
12-02-2010, 01:20 PM
#22
SARX Legend
iTrader: (46)
^ no. Get a lawyer, the factory recommended oil change interval is 7,500 miles.
Plus it's all bullshit, the first time I had my engine replaced I did not give them any receipts because I did not have any. The second time I got a replacement I did because I was getting divorced at the time and was having a shop do the changes due to the lack of a garage. But had I not had the receipts they would have had a hard time explaining why they required it the second time but not the first.
What are you supposed to do, video tape your oil changes?
Plus it's all bullshit, the first time I had my engine replaced I did not give them any receipts because I did not have any. The second time I got a replacement I did because I was getting divorced at the time and was having a shop do the changes due to the lack of a garage. But had I not had the receipts they would have had a hard time explaining why they required it the second time but not the first.
What are you supposed to do, video tape your oil changes?
Last edited by 9krpmrx8; 12-02-2010 at 01:25 PM.
12-02-2010, 01:22 PM
#23
He's as bad as Can
He isn't making a claim under the new car warranty, he is trying to use the 8 year / 100K. In that extension it does state the owner must maintain the car and be able to prove it. Item #4 on the 2nd page.
12-02-2010, 01:28 PM
#24
Registered
Join Date: Sep 2009
Location: SF Bay Area
Posts: 250
Likes: 0
Received 0 Likes
on
0 Posts
