Need fellow support
Sued the Dealership
This is an update to my "I fought the Mazda dealership and won" post in the PFC Forum. Ciruit Court awarded me 10k in damages for my local Mazda dealer last week. Yesterday I heard from my lawyer that Mazda is offering to settle or take it to a jury trial....taking a couple of more months because of my schedule and way more expensive. Mazdas offer is that they "give" me another Mazda rebuild and another new turbo. We all know that their rebuilds are ****. What I need are links to sites or some kind of substantial proof that Mazda rebuilds are junk....I just have to prove it. I countered back with them that they pay a builder of my choice to rebuild it and I keep the core on the old turbo. I think thats pretty fair but I know they will balk at it unless I can take them some paperwork that substanciates my reasoning of why I don't want their rebuild. Anyone that would like to relate their experience with their Mazda rebuild would be welcomed.
Any help would be appreicated,
Cam
Any help would be appreicated,
Cam
Last edited by NashvilleRotary; Jan 19, 2002 at 10:20 AM.
I am afraid that you are up shitty creek with this one, but it's seems like a worthy one to paddle.
At the very least, you will need an expert witness, which means that you may end up having to pay a specialist to perform destructive inspection on a substantial number of "Mazda Rebuilds". You would have to find common defects in both newly restored factory rebuilds and failed factory rebuilds as well as compare them against specialist-rebuilt engines. That's a lot of engines. Of course, if you found someone that has already done this, then you may have a chance. But, if it's just someone's opinion on why they think their factory rebuild failed, then you may have some problems proving your case.
Hearsay doesn't hold water very well.
Talk to experts, and perhaps you can find out their opinion of why a factory rebuild would fail, and then ask them if they have any examples of their claim. Then ask them if they have any examples of their claim on non-factory rebuilds. Proof is in the pudding!
Good luck.
At the very least, you will need an expert witness, which means that you may end up having to pay a specialist to perform destructive inspection on a substantial number of "Mazda Rebuilds". You would have to find common defects in both newly restored factory rebuilds and failed factory rebuilds as well as compare them against specialist-rebuilt engines. That's a lot of engines. Of course, if you found someone that has already done this, then you may have a chance. But, if it's just someone's opinion on why they think their factory rebuild failed, then you may have some problems proving your case.
Hearsay doesn't hold water very well.
Talk to experts, and perhaps you can find out their opinion of why a factory rebuild would fail, and then ask them if they have any examples of their claim. Then ask them if they have any examples of their claim on non-factory rebuilds. Proof is in the pudding!
Good luck.
I understand what your saying but right now I'm not trying to prove this to a court...just to the guys that are trying to settle.
I talked to the guys at Mazdatrix when this whole ordeal began...unfortunately I didn't have the money at the time go get one of their engines....had I know then what I know now....
Anyway....I cant remember who I talked to but they claimed they had toured Mazdas rebuild facility and saw that they were just pulling housings, replacing apex seals, and sending them out the door for resale.
I haven't called Mazdatrix as of yet because of the weekend but I was hoping there was some sort of documentation online or enough people that had been this route to take this to the dealer themselves and explain to them personally why I didnt want theirs. I still have a friendly relationship with the service dept over there and if I could expain my case to them with something to back it up I think it would sway things in my favor.
If anyone knows anything that may help I would love the help.
Thanks again,
Cam
I talked to the guys at Mazdatrix when this whole ordeal began...unfortunately I didn't have the money at the time go get one of their engines....had I know then what I know now....
Anyway....I cant remember who I talked to but they claimed they had toured Mazdas rebuild facility and saw that they were just pulling housings, replacing apex seals, and sending them out the door for resale.
I haven't called Mazdatrix as of yet because of the weekend but I was hoping there was some sort of documentation online or enough people that had been this route to take this to the dealer themselves and explain to them personally why I didnt want theirs. I still have a friendly relationship with the service dept over there and if I could expain my case to them with something to back it up I think it would sway things in my favor.
If anyone knows anything that may help I would love the help.
Thanks again,
Cam
You would have to have to go to a recognized engine builder tear it apart and prove your case. Or maybe you can talk mazda into rebuilding it with new parts or get a J-Spec engine from the factory. Sometimes its better to put it into their court and let them give you a new motor. Maybe thats not what you want to hear but they do have the resources to provide you with a nice motor to solve everyone's problem to your advantage.
Take Care,
Andre
Take Care,
Andre
That J Spec idea is something I hadn't thought of....excellent idea.
I still feel that if I can somehow show them that its widely known that their rebuilds suck, I will be able to negotiate with them one on one.
Thanks for the idea,
Cam
I still feel that if I can somehow show them that its widely known that their rebuilds suck, I will be able to negotiate with them one on one.
Thanks for the idea,
Cam
Being just a working person, I find you can best solve problems with folks above your salary grade, so to speak, by enlisting their support. A J-spec motor is $4650 from mazdacomp and can delivered air frieght in 2 to 3 weeks if production is still up and running. It would be to your advantage to find an acceptable middle ground which solves your problem without having to spend big money trying to prove their negligence, especially if there is no litigated history.
Just my thoughts,
Andre
PS Large corporations can be in the wrong but you cannot fight them at the individual level (ie. the Ford Explorer)
Just my thoughts,
Andre
PS Large corporations can be in the wrong but you cannot fight them at the individual level (ie. the Ford Explorer)
Last edited by Falcon; Jan 19, 2002 at 08:44 PM.
I am NOT taking the whole Mazda corperation to court, just the local dealership and I've already proven their negligance in a court of law.
Instead of them giving me the 10k that the judge awarded from my lawsuit against them, they are trying to settle with me by supplying me with one of their rebuilt engines and a new turbo setup. Instead of Mazdas rebuilt engine I want them to pay me the equilivant to have it rebuilt elsewhere.
If I can't settle with them by Tuesday, the case is going to be appealed up to a higher court to be tried in front of a jury. I'm trying to keep that from happening by taking their offer and "twisting" it a bit. If there were somewhere online that someone could point me to that had some info on the lack of quality of mazda's rebuilds I feel that I could take it to the dealer and be able to negotiate that deal to my advantage.
I swear I'm not trying to be a dick here I just would have thought that lots of people had been in my shoes and this info would be readily available....but if its not there then its not there. I had to try.
Thanks again for all the input and the J spec idea,
Cam
Instead of them giving me the 10k that the judge awarded from my lawsuit against them, they are trying to settle with me by supplying me with one of their rebuilt engines and a new turbo setup. Instead of Mazdas rebuilt engine I want them to pay me the equilivant to have it rebuilt elsewhere.
If I can't settle with them by Tuesday, the case is going to be appealed up to a higher court to be tried in front of a jury. I'm trying to keep that from happening by taking their offer and "twisting" it a bit. If there were somewhere online that someone could point me to that had some info on the lack of quality of mazda's rebuilds I feel that I could take it to the dealer and be able to negotiate that deal to my advantage.
I swear I'm not trying to be a dick here I just would have thought that lots of people had been in my shoes and this info would be readily available....but if its not there then its not there. I had to try.
Thanks again for all the input and the J spec idea,
Cam
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