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View Full Version : Need Help (Lemon Law Issue)


420Unison
11-19-2002, 12:01 PM
ARBITRATION: Me vs. Toyota

Case: CA Lemon Law
2000 Toyota Celica GT-S (purchased 08/00)
26,489 Miles

Well, it happened today. Finally the "technician" came from the Toyota factory today and we met with a 3rd party arbitrator. Brief history of my car includes almost all the TSB (Technical Service Bulletin) problems along with 2 blown motors and a replaced tranny. My valves were also bent a few times, but the motor itself was only replaced once. The technician already had my paperwork history, so he already knew that i had a lot of previous problems. To be straight up with u guys, yes i modified my celi horsepower-wise, and yes i occasionally do take it up to redline. i think that was the reason why warranties exist though. when i buy a car and i have problems, i shouldnt keep goin back to fix the same problem, right? the first blown motor was caused by the infamous misshift (6-4?....nope, went into 2nd). the dealership took care of it (new motor and new tranny). i didnt ask for a new tranny, but im figuring that they knew that there was a TSB on it and that it might be a good idea to eliminate any chance of another misshift. anywayz, the dealership kept promising me completion dates, but they ended up just pushing it back. after that, it was just one problem after another (belt tensioner squeak, throttle stutter, etc), all confirmed as problems to be covered under warranty by the dealership. then the motor blew again. dealership says its just bent valves. TOOK THREE FREAKING MONTHS. at first they said it would take a coupla weeks cuz they needed to order the parts. i call back after a month asking y they didnt call me to tell me it was done. they say that they have to have it shipped from japan and that they are on backorder. i ask them for a rental car to use in the meanwhile (seeing how my car was in and out of there for the past 4-5 months). the guy says that he wouldn't give me a rental even if my mom was a parapalegic. WTF?!?!?!??!? now he's talking about my family?!??! wut if i was 45, married with children and barely supporting my family. i would've bought a brand new toyota, only to not be able to use it for nearly half a year due to mechanical failure covered by the warranty. so no car and no rental. i wait another month....... i call back and the parts STILL have not arrived (BS BS BS). i ask to talk to the service manager and i tell him about my situation and about the service guy who talked about my mom being a parapalegic (which she's not, but he was talking smack). the manager tells me that he will call me back after he talks with the guy (Dane from Hamer Toyota). i get a call back in 5 min and its the manager telling me to go to HORIZON rental car to pick up a rental that they would pay for. i get dropped off there only to find that they (HAMER TOYOTA) tried to give me a facking base model DAEWOO LANOS. i would die before driving the car, and i think the guy working there could tell too, cuz he said that he would get me a diff car (turned out to be a '00 Corolla S). not the best rental in the world, but its not a lanos. 4 weeks after having the rental they say my car is finished. i go back and pick it up, and it seems to be problem free. i drove it VERY carefully after that. I 5#it u not, after the celi being in the dealership for over 6 months and the crap i had to deal with trying to get it back, i was in NO hurry to take the car back there. after about 600 GRANNY-STYLE driven miles, while i was on a local road, low RPMs and MPH, the throttle became almost non-responsive and the motor started rumbling (eerily similar to the last 2 times my engine blew/bent valves). the engine would shut off on its own, and i would be able to restart it, but the motor would still shake violently at idle. Loud CLACKING noises as well (not knocking or pinging, ACTUAL LOUD CLACKING). oil is still at a good level, and everything SEEMED to be in place (to the extent to which i knew the car). i was tired of this bullcrap so i filled out an arbitration/dispute settlement form. after a few weeks and several phone calls later we get to today. the meeting with the technician and the arbritrator went horribly. first off my 1st generation Korean parents were there (c'mon, im 20 years old and they paid for the car), and they hardly speak any english (my dad kept trying to talk, but only succeeded in makin my case look worse). second of all, the arbirtrator (the guy makin the actual AND final decision), also barely spoke English. i could honestly BARELY make out what he was explaining, and when he DID speak, he kept repeating himself over and over like even HE didn't kno what he was talking about. third of all, the toyota factory guy was a complete ****. i think it was because we were all meeting at Hamer, and he had the opportunity to speak with the service people there. he told me that he had spoke to them about my car and that they had remembered me (thats trouble cuz i had argued with them a few times, but with good and probable cause). the factory guy also told me that toyota decided to decline my offer for a refund (which i think they always do, unless in extreme cases). he also told me that if the current problem is due to reckless driving (ie, downshifting at high speeds) or modified parts, that it would void the warranty. he also told me that if i DO return the car that i would need to take off any modified parts that dont belong in the car. well, i took my motorcycle to go to the meeting, so there was no way he could've seen my car. at this point im pretty sure in his conversation with Dane, he probably was told that i had a modified rice rocket and that i only live for reckless driving, high speeds, and illegal street races. well, we talk for a little while longer (i was expecting to go into technicalities and explaining exact problems with the car), but it seemed pretty fruitless with the arbitrator barely understanding English and the "factory technician" knowing less than i did. well it got to the point where they wanted to see the car. i lead them back to my house slowly (which isnt easy on a sportbike), and they take a look at the celi. i kept the interior/exterior in immaculate shape, but was a little weathered on the outside, cuz it was sitting outside for a couple months. they asked me to start it and it wouldnt even turn over. they help me jumpstart it, so i charge the battery for a few min and try again. it turned over this time, but didnt start. tried a few more times, and nothing. the factory guy says that he'll need to have the car towed to a dealership to completely diassemble the engine to diagnose the problem (ie, to see if the problem was my fault or a mechanical failure). he said that if it WAS my fault, that the problem was non-warrantable. his example was that if it WAS bent valves that it would've been my fault cuz of reckless driving and that it only occurs when high pressure is put on them. well, pretty much its gonna cost me around $2,000 for a toyota dealership or the factory to completely diassemble and reassemble my motor and diagnose the problem. if it WAS in fact my fault, i would be stuck with that FAT bill. i dont kno exactly how or when this would happen because the arbitrator told me to await his decision which should arrive by mail in 5-10 days. then i could choose to accept his offer of settlement between myself and TOYOTA according to all the state of CA laws, or to decline it. sorry this post is so damn long, but i wanted to give u guys the heads up. if any of u guys are goin through the same crap right now, then i hope this helps somewhat. if any of u guys already went through this, can i get some feedback on wut goes on and wut chance (if any) that i have of getting a good amount of my money back? thanx for the help guys

420Unison - RIP '00 Celica

'01 Suzuki GSX-R, 600

www.gixxer.com - dJt3xtbook

mattgoldey
11-19-2002, 12:12 PM
I'm not reading all of that. You kids need to learn all about proper capitalization & the concept of a PARAGRAPH.

PaCelicaGTS
11-19-2002, 12:31 PM
ok, check the back of your repair slip, from what i remember repears are warrantied even if the car is out of warranty (replacement parts have a small usually 1000 mile warranty) check this out. if they replaced parts then those parts should have a warranty even if this includes an engine

gefiltefish
11-19-2002, 02:36 PM
any type of modification to the engine constitutes as a void warranty, its as simple as that.

why blaim toyota for your stupid mistakes like mis-shifting. my 50 year old aunite drives a 6 speed celica and she has never had a problem with mis-shifting the celica.


you said that you redlined your car as well, well i bet you revved the car so high that you had it coming.

engines just dont blow up for no reason, you must have reved the living crap out of it or abused it.

lemon law doesnt apply in your case, eventhough you take toyota to court all toyota has to do is prove to the courts that you abused the car and also maybe show the court this posting.

Hungster
11-19-2002, 02:43 PM
yea if they install anything, it should be under warrenty from the install.

TRlPPlN
11-19-2002, 04:44 PM
Originally posted by gefiltefish
any type of modification to the engine constitutes as a void warranty, its as simple as that.

why blaim toyota for your stupid mistakes like mis-shifting. my 50 year old aunite drives a 6 speed celica and she has never had a problem with mis-shifting the celica.


you said that you redlined your car as well, well i bet you revved the car so high that you had it coming.

engines just dont blow up for no reason, you must have reved the living crap out of it or abused it.

lemon law doesnt apply in your case, eventhough you take toyota to court all toyota has to do is prove to the courts that you abused the car and also maybe show the court this posting.

didnt you notice toyota gave him a new motor and transmission. anyways try to contact people who has won their lemon cases with this car.

ToyRolla
11-19-2002, 06:06 PM
Contact Toyota Consumer Services. If Toyota falls though and you want to pursue it more, seek professional help (lawyer).

Honestly If I had the $$$ I'd hire a lawyer and get legal with them.

You better have all maintianence records/receipts. They will ask for them.

chameleon
11-19-2002, 09:51 PM
I'm sorry that your second engine failed on you, but IMO you shouldn't have gotten a replacement in the first place, no one who miss shifts should. Toyota is out of thier minds for replacing blown engines "out of good faith".

Plus, I would have to strongly dissagree with what you said here...

To be straight up with u guys, yes i modified my celi horsepower-wise, and yes i occasionally do take it up to redline. i think that was the reason why warranties exist though.

People think that the car manufacture "owes" them when they break their cars. It's almost like a "new cars shouldn't be in the shop getting repairs" mentality. Listen, when you mod a car and drive it really hard, some things are going to break whether the car is brand new or not. Warranties exist to protect the customer from the failure of parts that were defective from the factory, and nothing else.

I don't want to sound like some kind of "car saint" who thinks that you should never rev an engine high, I mod and drive my car hard too. In fact, I took some SCCA driving lessons in my Celica, which I would imagine was more than a little rough on it. All I'm saying is that if you drive hard you need to accept that you are going to have to pay to make repairs on it, because at that point, it is no longer Toyota's responsiblity to do so. I would never dream of taking my car back to the dealership if I bent a valve or lost compression in the engine, ect.

CSteckel
11-20-2002, 07:30 AM
Here's what I did...

Skipped the whole "arbitration" thing and went straight to the PA Lemon Law Lawyers. After almost a year of BS (as well as a regional rep that barely spoke english had told me the clutch wasn't designed to shift at 7800 rpm's, but the engine was alright to run up that high :confused: ) I won my case.
I was through 2 engines and a valve rebuild (as well as other things) and I just received a check for EVERYTHING I paid for the car. 1 whole years worth of monthly payments and initial down payment, etc. ALL BACK!! Whoohoo!!
It was great. The lawyers sent a notorized letter to toyota and the dealership I bought the car from saying,"Do not try to contact our client UNDER ANY CIRCUMSTANCES!!...etc...etc.)
So, after a year of hell...I now have 10K in the bank for any car I want...G35, here I come. :drool:
Just kidding (sort of) I think I will be buying a house next spring...

HIDblackgts
11-20-2002, 03:16 PM
Good luck. I went through the Lemon Law on a 2000 Grand Am SE1. LONG timely process, but in the end, i ended up winning. Pontiac kept asking me if I modified the car, because my problem related to the factory panic alarm which was in the car. Kept setting itself off at random. They took the car apart totally to see if I modified anythign in regards to the electrical system, which I didnt. That take apart was after my arbitration. After 3 weeks, i found out that I won the case- and pontiac bought my car back. Bought another grand am after that- had problems with it- in the shop almost every week- traded it in for the celica- and thusfar, not a problem- Knock on wood.

Hopefully Toyota doesnt request to take the car apart and inspect it for mods and abuse- or you might lose your case. I think the computer can tell them that stuff too, but not sure. later

JS7773
11-21-2002, 01:10 AM
I'm working through the process now...

Took my car in for synchros...took about two weeks for them to tear down the tranny and replace synchros and a couple gears...

I got the car back perhaps a week before leaving for Florida. Was very easy on the car the whole time. While in Fl. I downshifted and tached up to about 7500 rpm to pass a dump truck. The damn clutch STUCK to the floor when I tried to shift so I was stuck in neutral. Luckily I was playing it safe so I had plenty of room to slow back down and get back in my lane (still behind the truck). Clutch popped back up at about 25 mph.

Took the car to Toyota and they basically called my little boy racer and said I had 'abused' my car and broken my clutch.

Took the car elsewhere and found out toyota put the wrong grade of bolt in the pressure plate and it snapped the first time I opened it up.

Now I'm out over a grand and my synchros are acting up again...

Willis5050
11-21-2002, 10:26 AM
I went through arbitration over the summer in California for my 2000 gts. I went to the meeting very orgainized with all my reciepts and a spreadsheet listing every instance of contact between me and Toyota. I went through the spreadsheet line by line and treated the Toyota rep as well as the arbitrator with utmost respect (very important). I also told them exactly what I wanted out of all of this. It was a very productive meeting and in ten days I got my decision giving me what I asked for. Additionally, the Toyota rep waived the fact that I bought my car used (in Feb. 02), and replaced it with a brand new 02. If they are wary that you modified/abused your car, your case will be very weak. That's just the chance you take by modifying your car. From their standpoint they have no idea what you did to the engine, tranny, etc, even if you in reality did nothing wrong. Also none of the problems with my car were my fault (aka misshift). From their perspective, they think you are damn lucky that they covered that at all in the first place. Hopefully you were very nice to them and you haven't modified your car much. Good luck, and let me know if you have any questions.

F22-Raptor
11-21-2002, 12:38 PM
Originally posted by gefiltefish
any type of modification to the engine constitutes as a void warranty, its as simple as that.

why blaim toyota for your stupid mistakes like mis-shifting. my 50 year old aunite drives a 6 speed celica and she has never had a problem with mis-shifting the celica.


you said that you redlined your car as well, well i bet you revved the car so high that you had it coming.

engines just dont blow up for no reason, you must have reved the living crap out of it or abused it.

lemon law doesnt apply in your case, eventhough you take toyota to court all toyota has to do is prove to the courts that you abused the car and also maybe show the court this posting.

First off I am going to tell you you don't know what the hell you are talking about and to stfd.Now listen. Mis sifting is a mistake on the side of the driver true. But they decided to cover it. And for deciding to cover it they are now obligated to make it work right. Period. There were no stipulations on rebuilding his motor etc. They should have done it right the first time. Next who do you think you are calling him like that. He came with a legitamate post and this is not a flaming forum (except for my post) Unison420 has been around a lot longer than you and if he says he didn't over rev it than I believe him. Regardless you don't know him therefore unless you KNOW otherwise you should give him the benefit of the doubt.

outhouse
11-21-2002, 02:36 PM
first off it does not matter how hard you drive as long us you just run up to the rev limiter, our cars were designed to do that! As far as mod's go it's there responsibility to prove that a CAI or exhaust ect ect actually caused the damage. Yes toyota will make it rough for you but there just trying to weasel out of there responsibility. If you drive hard and your car breaks it is because the car is weak and not up to par. They should fix it! After all were not talking about internal mod's. The 2zz is supposed to be rock solid into the low 9k rpm range. if you hit 8300 and she blows or the syncro's wear premature then it's because toyota was cheap not buying a better powerplant and tranny in there hotrod model. Oh the guy who complained about spelling and grammer got to school and stfu

Brett
11-21-2002, 04:02 PM
Sounds like they didnt re-install everything right. Like others said, get a lawyer, you'll need all the legal advice you can get!

JS7773
11-22-2002, 02:09 AM
btw, according to Toyota our clutch is only made to handle 8000 rpm, not 8300+...

CSteckel
11-22-2002, 05:14 AM
Originally posted by JS7773
btw, according to Toyota our clutch is only made to handle 8000 rpm, not 8300+...

According to the regional rep that went through my case...the clutch is only fine for shifting up to the recommended shift RPM for the gear you are in. (He was pretty much grabbing for something to throw at me because he couldn't make a valid case against me).
As he explained:

"You can accelerate up to 7800 rpm (redline on your tach) and the engine will be FINE! However, you cannot shift at this redline point because the clutch cannot take it. The clutch shouldn't be used/shifted above 6000RPM (or whetever the recommended max shift is in the car's manual - I can't remember)" So I said,"So, you are telling me that when I am merging on the highway and speeding up, I need to slow back down to 6000 RPM before I can shift into the next gear?"
The poor little foreign, non-english speaking man knew that I has his A$$, kinda figited and paged incessently through the manual and said YES! I didn't know whether to choke the man or laugh my A$$ off because of his stupidity.
You should have seen the look on his face when I asked, "Why in hell would Toyota design a car that cannot make it to RPM redline before breaking?"
Poor man....
:chuckles:

boogerlips0
11-22-2002, 10:38 AM
If you intend to pusue legal action stop posting info in this forum about redlining and misshifting your car. Don't you think Toyota watches and reads these posts? Toyotas lawyers will rip you a new one so you better have all your repair records.