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Car Warranty

Discussion in 'Alternative Dispute Resolution' started by ishkie75, Sep 27, 2002.

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  1. ishkie75

    ishkie75 Law Topic Starter New Member

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    Motor blew on Acura due to driving in rainstorm. Water was sucked up through filter into motor throwing piston. Acura will not warrant it, even though it is still under warranty. The BBB can not do anything because they say it wasn't from a defect in motor. Will cost $6,700. to replace. We do not feel this is fair. This car was bought only because it did have the warranty. We feel these air filters need to be placed in a different area under the hood. This has happened to others. We were told this by the Acura warranty people. Is there anyone who can help us fight this and get some sort of restitution? Thank You.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What you are talking about is called a "design defect" and your case would involve your proving that the air filters should have been placed elsewhere and there was no less than negligence in the placement of the filters.

    It is possible that the filters were placed there because what happened to your car is unusual. You might want to investigate the frequency of this problem.

    An attorney might be interested in a case involving design defects because they would likely affect an entire class of people -- the multitudes who bought the same car as yourself. However, the undertaking might prove costly and the remedy might not be highly lucrative. You may need to pay for an attorney to move this case forward and not expect a pure "contingency fee" (the lawyer takes a percentage of the proceeds and pays for the cost of trying the case) but be aware that you will likely have to pay for an autmotive expert to investigate or certify that such a design defect exists.
     

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