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

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mikedahammer

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Are you allowed to call and do a status check? Hasn't it been 10 business days? How much is he allowed to take?
Of course I can call and check, but I was going to give it 14 business days which is technically tomorrow. When he mentioned 3 days (he was unsure of the time frame) I think he probably thought he had his answer until he did more research and review watched the recorded arbitration.

I hope he is taking his time to give a through analysis, whether or not it is in my favor, because this issue is paramount to the community.

My fear is he gives a one line statement that doesn't help anyone.
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stanglife

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I think it depends a lot on the message they want to send...or which one they want to not send.
It's either, these warranties are as shady as people worry that they are and don't actually give any piece of mind to the buyer (which is their entire sales strategy) or they open up themselves to other claims like this by paying you out. I'm sure someone is responsible right now, for figuring out which one causes less exposure.

If they do pay out, I will not be surprised to see an NDA attached including the removal of the information in this thread.
 

luc

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I think it depends a lot on the message they want to send...or which one they want to not send.
It's either, these warranties are as shady as people worry that they are and don't actually give any piece of mind to the buyer (which is their entire sales strategy) or they open up themselves to other claims like this by paying you out. I'm sure someone is responsible right now, for figuring out which one causes less exposure.

If they do pay out, I will not be surprised to see an NDA attached including the removal of the information in this thread.
Hold on here, it’s the arbitrator decision that we’re waiting for. You’re phrasing it as if the arbitrator was an employee of Ford and not an independent party
 

stanglife

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Hold on here, it’s the arbitrator decision that we’re waiting for. You’re phrasing it as if the arbitrator was an employee of Ford and not an independent party
Correct - but it's non-binding. Ford will do what they want - this whole process is just putting OP through the ringer in hopes he caves or if the arbitrator doesn't find in his favor to begin with. By going through arbitration, they have cut their risk of losing by at least 50% but don't be fooled, they can still deny after all is said and done.
 
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mikedahammer

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Correct - but it's non-binding. Ford will do what they want - this whole process is just putting OP through the ringer in hopes he caves or if the arbitrator doesn't find in his favor to begin with. By going through arbitration, they have cut their risk of losing by at least 50% but don't be fooled, they can still deny after all is said and done.
100% correct.
 

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mikedahammer

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This popped up on my case profile so I am not sure if I will get a cleaner version of the decision but this the best I have right now. The formatting is a hot mess but everything on their portal is a PDF so it looks like the arbitrator typed it in a fill-it-in type format and any formatting was lost.


Spoiler alert: denied: track use=racing



The synopsis in the PDF is not very encompassing of my arguments I made in arbitration and I believe there is a major typo with the word NOT left out int he following sentence:

"He stated that the modifications (seats, seat belts and a roll bar) were for safety only
and they were required at the track for HPDE as were the racing stickers."​

I have not decided what the next steps are but I am very busy at work for another month and half so I will update on what I decide, when I decide.
 

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2fast2focus

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It seems that you made a decent case and I am surprised that the ruling was not in your favor, especially after reading this summary. I'm curious how much he leaned on the definition he found from merriam-webster, specifically the part that states "function at top speed." From my quick read, I cant help but wonder if that definition is what ultimately caused him to deny. He even states that your testimony was credible that you were not racing against others. I'm sorry to hear that this was denied.
 
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Obiton

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Deceptive Trade Practices? They should not sell a policy to track cars like the GT350/500s if they will not be covered when used on track as expected and promoted. If the dealer that sold you the policy knew you tracked the car, they are at fault also.
As for the arbitration, the ruling does not match the words in the contract, but rather an assumed interpretation of intent by Ford. If any high speed track driving is excluded, it needs to expressly say that. No HPDE participant thinks they are “Racing”. That said, I would expect Ford to have Track exclusions on a standard contract because HPDE are hard on the cars, but your contract does not say that. Don’t give up.
 

thaext

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I would def take ford to court .. I’ve been following this since you created the thread and it’s bs how they market it has a track car, their unreliable shit fails and they try and blame it on you. Toyota did the same exact thing with the gr86’s
 

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luc

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It would sadly appear that i was 100% right in my post 454 when i stated that if the arbitrator look up the definition of racing, moving at full speed is 1 of the definition
Putting emotion asides, winning in court is going to be a uphill battle with the arbitrator decision against you
So basically you were on a race track, going at full speed and that is 1 of the definition of racing
Stupid definition but nevertheless an accepted dictionary definition
 
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K4fxd

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You need to fall back on intended use.

You did great but I think you should have hired an attorney.
 

JimC

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One of the things that likely swayed the arbitrator - do you say "I'm going HPDEing" or do you say something like "I'm going racing" or "I'm going to the race track (or track)"? From the start of this I thought that the arbitrator could easily think this way.
 

wingnutt

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No dog in the fight…but now comes the question, what does full speed mean?

ie; full speed for the car, for the driver, or full speed for the surface?

if it’s a 30mph hairpin, and you went 30mph…was that not full speed?

pandora again rears her ugly head 🧐
 

sms2022

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Didn’t read this whole thread but not surprising at all unfortunately. It’s simply business for the arbitrator. How many more times will they see you? Probably never. Yet if they help Ford they will get Ford to continue to agree to use them as arbitrator and continue to get $$$$. Source: attorney. We never agree to corporate arbitrations.
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