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Posted by Eric Law [Email] (more from Eric Law) on Thu, 18 Apr 2002 08:53:22 Share Post by Email
In Reply to: legal advice if possible please (long), sleepy saaber, Thu, 18 Apr 2002 02:34:12
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Well I'm not a lawyer (nor do I play one on TV) but I have worked as a mechanic, and read my fair share of warranties.

Most warranties have language to the effect that they will not cover problems due to "continued operation of the vehicle with a known defect". Unfortunately for your father, I think this is going to be the key issue here.

The breaking of the belt and the resultant destruction of the coolant hose was the first problem - and they should cover it. However, they are going to argue (and I hate to say it but I pretty much agree) that the destruction of the motor was due to the fact that when coolant was lost, the motor was not immediately shut off. I realize there are probably mitigating circumstances like traffic, but if the motor was shut down promptly, it probably would not have been damaged.

Now for "the other side of the coin". First, the question of why the serpentine belt broke. As Bill said, serps are prone to breaking just like any other type of belt. The maintenance schedule for all cars gives inspection/replacement intervals for these belts. If the dealer was supposed to replace the belt and did not, they should accept some responsibility.

The second thing is the price. For $8375, I can only assume they are quoting the price for a brand-new motor. If all else fails, your father could probably save a bundle by installing a junkyard motor. Or perhaps the warranty company would agree to do that as a compromise - it's probably worth asking.

Eric Law

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