Ford Inspector for Warranty Repair-Update:Warranty Denied Claim Due to Off Road Racing

[joe603]

This sucks for sure, and I feel for the OP. My main issue is, aside from the insurance company doing insurance company things like try to get out of paying claims, is that society always comments "take it to a track". You, being the responsible adult, took it to a track and now are getting stuck with the bill. Had this happened on an interstate, you would have a new transmission. I really hope it works out man.

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[Kachow]

This sucks for sure, and I feel for the OP. My main issue is, aside from the insurance company doing insurance company things like try to get out of paying claims, is that society always comments "take it to a track". You, being the responsible adult, took it to a track and now are getting stuck with the bill. Had this happened on an interstate, you would have a new transmission. I really hope it works out man.

Ding ding ding ding.

If you don't have a "cool" dealer that is known in your area for 350 engine replacements and "working well" with ESP - Take all the extras off your car before it gets there. Let this thread be a caution to all new and on-going owners who track their car.

It's complete bullshit as I thought, as I bet did many others, ESP was a direct Ford warranty. A shame.

I never had any of these issues with my 1LE. Guess this is the price we pay for one hell of a unique motor.......

 

[ing3nious]

You will spend 10x in lawyers compared to what it costs to buy a new tranny.

 

[mikedahammer]

If you don't have a "cool" dealer that is known in your area for 350 engine replacements and "working well" with ESP - Take all the extras off your car before it gets there. Let this thread be a caution to all new and on-going owners who track their car.

Just so you know the dealer is cool and was cool with the track. He said don’t race it and you are fine. Ford is good with track use. That is what it is made for. ESP is the one not cool with it.

Had this happened on an interstate, you would have a new transmission. I really hope it works out man.

That is the interesting thing the ESP can’t say where it happened.

You will spend 10x in lawyers compared to what it costs to buy a new tranny.

The good news is I don’t need a lawyer. All avenues I am going to use just require me to read and follow the rules of arbitration. They are not that complicated. It is all about documentation and understanding case law. I had to employ an attorney once and it was the most expensive education in my life, but it has prepared me to take them on and to prepare documents and supporting information.

Two things I learned from attorney’s:

Words were carefully chosen in contracts and definitions are provided. The words mean something and if they were meant to mean something other than their plan language then it should have been defined.

I also learned that if you have already paid for the band, then you might as well dance.

 

[ing3nious]

Just so you know the dealer is cool and was cool with the track. He said don’t race it and you are fine. Ford is good with track use. That is what it is made for. ESP is the one not cool with it.




That is the interesting thing the ESP can’t say where it happened.




The good news is I don’t need a lawyer. All avenues I am going to use just require me to read and follow the rules of arbitration. They are not that complicated. It is all about documentation and understanding case law. I had to employ an attorney once and it was the most expensive education in my life, but it has prepared me to take them on and to prepare documents and supporting information.

Two things I learned from attorney’s:

Words were carefully chosen in contracts and definitions are provided. The words mean something and if they were meant to mean something other than their plan language then it should have been defined.

I also learned that if you have already paid for the band, then you might as well dance.

Good luck keep this thread updated please

 

[Tycoon]

Maybe. Different jurisdictions, different rules of construction. Whatever you say might be able to be used in arbitration. Things good lawyers know you might not have thought about. Such as, if I don't say anything, the burden of denial may be exclusively borne by them. But yeah, I feel for you seriously. I was super bummed when my 10r80 went. I drive like a grandpa tho. Still I think there is something fundamentally wrong with the design. I'm not trying to sound snobby, but there are reasons why there are skilled attorneys. Maybe a good amount are not, but there are some good ones that might actually help. Not sure if you can find one easily

Just so you know the dealer is cool and was cool with the track. He said don’t race it and you are fine. Ford is good with track use. That is what it is made for. ESP is the one not cool with it.




That is the interesting thing the ESP can’t say where it happened.




The good news is I don’t need a lawyer. All avenues I am going to use just require me to read and follow the rules of arbitration. They are not that complicated. It is all about documentation and understanding case law. I had to employ an attorney once and it was the most expensive education in my life, but it has prepared me to take them on and to prepare documents and supporting information.

Two things I learned from attorney’s:

Words were carefully chosen in contracts and definitions are provided. The words mean something and if they were meant to mean something other than their plan language then it should have been defined.

I also learned that if you have already paid for the band, then you might as well dance.

 

[luc]

Maybe. Different jurisdictions, different rules of construction. Whatever you say might be able to be used in arbitration. Things good lawyers know you might not have thought about. Such as, if I don't say anything, the burden of denial may be exclusively borne by them. But yeah, I feel for you seriously. I was super bummed when my 10r80 went. I drive like a grandpa tho. Still I think there is something fundamentally wrong with the design. I'm not trying to sound snobby, but there are reasons why there are skilled attorneys. Maybe a good amount are not, but there are some good ones that might actually help. Not sure if you can find one easily

???? The problem is not finding an attorney but rather not spending more than the value of the claim in legal fees
Therefore the suggestion of arbitration and small claim court

 

[Blwnsmoke]

Just pulled up the GT350 supplement. This is getting more ridiculous as I dig more. What it is going to come down to is the extended warranty an extension of the original warranty? If yes, it should be case closed. The supplement says that you are covered as it defines what racing is (FOR COMPETITION OR TIME). It also says under transmission that is capable of operating at high speeds and on track days.

The Ford ESP is not an extension of the factory warranty. It is an ESP (Extended service plan). It is essentially a service contract, not a warranty. It does NOT cover everything the factory warranty covers. It is "Backed by Ford" meaning that if it ever goes belly up, Ford will cover the ESP where as if a 3rd party goes belly up, you are SOL.

Best of luck!! I'd be doing the same thing as you. Don't let them win.

 

[Blwnsmoke]

Those were my street tires Point noted.



You may need to delete your interest history.

It's sad that anyone has to deal with this stuff. The contract should be serviced without having to fight. The dealer should also make the call and not a third party. To me Ford is Ford. Sending out third party inspector from Centro when Ford has technicians there. Ten when you call Ford they say that's the to other Ford we don't handle warranty or service contracts. Then the same crap happens with the dealer. Everyone says these are not my problems and your issue is with insert any random person or company here.

If you get a case manager from Ford they don't work with Ford Lincoln Protect. They will say the warranty is backed by Ford but that's not Ford. Then your dealer says you need to work with Ford and use Ford as anyone other than them to resolve your issue. It is the never ending vicious cycle of not my job not my problem.

You also shouldn't have to hide the fact that the car visits the track. Like I said I am happy to share data logs and videos. If I broke something by exceeding the car or misuse/abuse, etc I will own up and move on. I know that is not the case. The car has been cared for and loved (even if it is a one way relationship). However, when I am told and understand that I am good and the warranty is righteous for any nonracing events (HPDE specifically) and then later denied and basically strong armed -- I get a little cranky.

I had an issue with Ford Protect (as stated, this is NOT Ford). They denied a repair because a certain part wasn't covered under my ESP (wire harness for the seat control module). Ford themselves had a TSB out on it.. but the TSB wasn't covered because the harness wasn't covered. Had to Fight with Ford Protect on it.. finally got someone with Ford who spoke English and seemed to be on my side. They researched for a day and called me back stating that there was a note on the bottom of the TSB that stated "use causal part # XXXXX" for this repair. Well wouldn't you believe that part # was covered... Ford Protect didn't want to read through the whole TSB.. just X part isn't covered when Ford was instructing dealers to use a different causal part #. After several days, I finally got it covered from Ford Protect. And boy I'm glad I did because that didn't fix the issue and that would have been lost money out of pocket lol.

 

[Tomster]

13. DISPUTE RESOLUTION & ARBITRATION: Either You or We may choose to have any dispute related to this Agreement or the Application decided by non-binding arbitration administered by the Better Business Bureau (BBB). You agree not to consolidate or group Your dispute with other arbitration or disputes concerning this Agreement or Application. You agree that You will not participate in any class arbitration concerning this Agreement or Application. We do not agree to class arbitration. To learn about or begin arbitration, or get a copy of the Arbitration Rules, You may contact BBB at 800-955-5100 or www.auto.bbb.org/extendedserviceplan. If there is a conflict between the Rules and this Agreement, this Agreement shall govern. If You initiate the arbitration process, BBB will charge You an arbitration filing fee of $50.
You may employ an attorney to represent You in the arbitration, but an attorney is not required. We will not pay Your attorney fees if You use an attorney. This Agreement is subject to the Federal Arbitration Act, 9 U.S.C. §§1 et seq. The arbitration decision shall be in writing with a supporting opinion.

BBB at 800-955-5100

(quote used above for reference only, not specifically aimed at you Skye)

I highlighted in bold above my concern with the arbitration process. It is non-binding. I do believe they can tell you to go pound sand if they don't win. It is, however, a strong precursor to how the case will go in court. It could also act as a wakeup call as well as an indicator of your resolve. Both is a plus.

I would be looking to see if attorney's fees and damages can be awarded in a judgement should you decide to take this to court.

I would still move forward with arbitration.

 

[MikeR397]

If they lose in arbitration and don’t pay out, file a court case and ask for summary judgement. You don’t need an attorney for that, and unless there is some new evidence that was not present in arbitration, the court is gonna ask “why exactly should I rule any differently than the arbitrator your own contract called for.”

alternatively, I’d go opposite since you fulfilled the arbitration demand and look to certify a class or add a ton of fraud and bad faith claims. If you win in arbitration it might be easier to find a contingent attorney billing arrangement too

 

[Robottrainer]

Has anyone had to deal with a Ford Inspector looking at their car? Short story is car went in for repair work (transmission issue) and the car has been at the dealer for almost 60 days and now an inspector from the ford lincoln protect (ESP) going to review the vehicle in the next 24-48 hours. I am not sure if the inspector is customer facing or not. Has anyone hear of this before? I smell a denial coming.

Edit: the dealership is recommending a new trans because this is the second time I have brought the car in for a bucking/surging issues in 5th gear below 6000 RPMS at WOT. It feels like the car cuts power a couple of times but when the car gets above 6000 it doesn't do it anymore. This first time they did the tone ring repair TSB 22-2140 and though they may need to do that again but they said they wanted to replace the entire trans. There are some other minor things like the gear shifter travels or moves around a good deal in the gate under throttle application.

That's what they do. They build a track car and we you use it for such they deny the warranty. Hellcats have the same problem. Dealer finds out you were racing, no warranty.

 

[Tomster]

Dealer finds out you were racing, no warranty.

How many times does this have to be said, he wasn't racing.

This misconception is part of the problem.

 

[Robottrainer]

How many times does this have to be said, he wasn't racing.

This misconception is part of the problem.

Lighten up Francis. When I see a 6th gear, full throttle pull, my assumption is track. I can't do that on the street with my Roush stage 2 A10 without going back in time

 

[Tomster]

Lighten up Francis. When I see a 6th gear, full throttle pull, my assumption is track. I can't do that on the street with my Roush stage 2 A10 without going back in time

I still dont think you get it, and neither does Ford ESP. Being on a track is not racing. Racing will void a warranty. An HPDE on a track does not meet the legal definition of racing. Therefore, warranty is not voided.

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