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TDI 101 Got a simple/basic TDI question? Are you a newbie (new to the forums). Feel free to post your question here.

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Old March 10th, 2009, 11:48   #1
MountainTravler
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Default Who do I file a claim against?

Lets say that I want to file a claim against VW over a problem that I have with my engine. Lets say that all of my tappets were spider cracked, and my cam was destroyed at 100,000 miles. It had better that required maintenance and everything was done to the "T". Who do I file a small claims court claim against? VWoA? the engine plant? a specific branch of the corporation?

I want to file a claim for $3,000 to cover all of my expenses over this issue. I really dont want to get into details, I just hope that someone knows where I file against.

thanks for any help,

R.W.
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Old March 10th, 2009, 11:57   #2
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Your legal fees are going to be more than $3,000...might want to make this worth the time.
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Old March 10th, 2009, 12:03   #3
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My guess is that you would go after VWoA. you'd be better off talking to a lawyer in person instead of a bunch of strangers on the internet.
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Old March 10th, 2009, 12:03   #4
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You have a 1999 Jetta ( an A-4 TDI I assume).
This Timing-Belt ( TB) was scheduled for replacement at 60K miles (manual transmission) or 40K miles (automatic transmission).

Again I'll assume (you did not provide any info in your profile) that you have a 5 sp manual transmission.

This TB was to be replaced at 60k miles. Now 40K miles have passed (since the last TB service) and the engine failed.

Most likely a TB related component failed, tensioner, water pump, idler bearing ect..ect.

At 40K miles I doubt that you could win you case unless you have some sort of documentation to indicate neglect such as failing to replace the TB tensioner or an incorrect replacement part was installed.
I have found ALH water pumps installed in BEW engines (from the factory). But in your situation with 100K miles on the engine you only hope is to prove negligence.

If you have the invoice from the last TB service check the part #s and see what exactly was replaced at this service.
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Old March 10th, 2009, 12:04   #5
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VWoA. The dealer didn't manufacture the car. But then, neither did VWoA, but they are the authorized agents of the ones that did manufacture the car, and are responsible for the warranty.

You can file in small claims, you might even win. But, since you aren't in the same state as VWoA, you will have to file in a federal court, and they don't do small claims stuff.

You might want to find one of those ambulance chasing attorneys who will talk to you about it for free.
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Old March 10th, 2009, 12:05   #6
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If you are the orignal owner and signed an arbitration clause then forget it ....in the end you'll have to eat it.
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Old March 10th, 2009, 12:12   #7
Bob_Fout
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The engine is out the warranty period. Does VWoA have *any* obligation to do anything about it?

What oil was used over these 100,000 miles?
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Old March 10th, 2009, 12:21   #8
TDIfor
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Apples and oranges, but FWIW.... years ago, I bought a new Ford Pinto (well, my father did for me, but it was in my name). This was back in the era of 12 mos., 12,000 mile warranties.

Two pistons cracked at 44K miles. Obsessive about oil changes and all that.. the engine was just out of balance from the get-go and I didnt recognize that - I just drove at 55MPH or slower, and things seemed fine, and who in their right mind drove a Pinto _faster_ than 55 anyway?

So, pistons cracked, had to have the engine rebuilt. Tried to get $$ from Ford, which promptly told me to go to hell. Warranty expired, Good luck and god's speed, and this is what you get for buying a Ford,didn't your daddy larn you better?

You might be better off contacting an advocacy agency.. .maybe Ralph Nader??
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Old March 10th, 2009, 12:38   #9
lkchris
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When your car was under warranty, the claim filing process was obvious and you indeed had a claim.

After warranty's expired, you've got nothing.

You've got even less than nothing if you didn't buy this car new from a dealer at which you then had it regularly serviced.
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Old March 10th, 2009, 12:39   #10
tditom
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if it is a 99, then won't it be under a 100K mile warranty?
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Old March 10th, 2009, 13:28   #11
slapshotjh
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Look at some of the previous posts. It was a 1998 Mark 3 with 120,000 miles last time (look around September). 1,000 miles after a timing belt change.....
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Old March 10th, 2009, 13:33   #12
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I would file against the Tooth Fairy. At least he/she might be more apt to give a darn.
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Old March 10th, 2009, 13:41   #13
dieseldorf
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Default Y'all think VWoA will offer some "goodwill"...

on a 1998 Jetta TDi A3 with 120k miles

Quote:
Originally Posted by MountainTravler

All of the tappets went out in my MKIII 99 TDI Jetta. The engine has 110k miles on it.

I know, not good. The cam is destroyed

Anyways.

I am looking at
A valve job
Port and Polish
New tappets
and gaskets.

While I am in there. What cam should I get? I have an Alligator chip... Just installed a VR6 Clutch. Timing is done.

I know nothing about cams... I just drive it on the street. What do I need to get. a new stock cam runs about $480 it seems like.

let me know, or point me in the right direction please..

anything else I should do while all of this is apart?

RW
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Old March 10th, 2009, 13:44   #14
GoFaster
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If this is as a result of THIS:

http://forums.tdiclub.com/showthread.php?t=223648

... then VWoA is out of the picture because the job was done by a "local shop" (presumably not a VW dealer) and in any case the engine is long past warranty.

GOOD LUCK with trying to get anything out of that "local shop". There are too many different ways that a finger could point. My money is on that the timing belt was not done correctly and there was a minor piston-to-valve collision, which shattered the lifter, but there is no realistic way to prove that.
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Old March 10th, 2009, 13:47   #15
SoTxBill
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Quote:
Originally Posted by TDIfor
Apples and oranges, but FWIW.... years ago, I bought a new Ford Pinto (well, my father did for me, but it was in my name). This was back in the era of 12 mos., 12,000 mile warranties.

Two pistons cracked at 44K miles. Obsessive about oil changes and all that.. the engine was just out of balance from the get-go and I didnt recognize that - I just drove at 55MPH or slower, and things seemed fine, and who in their right mind drove a Pinto _faster_ than 55 anyway?

So, pistons cracked, had to have the engine rebuilt. Tried to get $$ from Ford, which promptly told me to go to hell. Warranty expired, Good luck and god's speed, and this is what you get for buying a Ford,didn't your daddy larn you better?

You might be better off contacting an advocacy agency.. .maybe Ralph Nader??
due to lean burn engines, cracking pistons as common in the 80's.. seems you can run them too lean... as ford and chevy both found out. 85 and 86 were particularly bad years.
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