Hurst Firestone & Autocare Center

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
We are not satisfied because, despite experienced 3rd-party evaluation of the damage and conclusion about the cause, Hurst Firestone refuses to accept any liability.
Regards,
[redacted]

Dear Mr. [redacted]

It is unfortunate that you are experiencing issues with your transmission, however we will not be sending you any money for the repair of the transmission.  There is no compelling evidence that the leak or the damage to the transmission was due to our...

work.

The grooving in the housing could have been there from the very first time we looked at the car.  This would explain the need for the replacement of the axle and seal.  Without substantial tear-down, it is difficult to determine if a seal leak is the result of a worn seal, or if the seal is simply the victim of another part, such as a damaged transaxle.  I also know that we did not damage the sealing surface of the housing because we drill the seal and use a slide hammer to remove it.  We use that method precisely so we don’t cause damage to the sealing surface. 

According to your notes, we installed the seal and axle on 8/3/12 then again on 9/17/12. Then, after moving to California, you took the car into [redacted] Auto Care Center where they performed a seal and axle replacement under warranty at no charge to you using the “Peace of Mind Warranty” on 12/18/12. They stated this was due to “incorrect installation of axle assembly”.  They failed to specify how the axle was installed incorrectly!  If the axle was indeed installed incorrectly, the vehicle would likely not move, make excessive noise, cause a drivetrain vibration, etc., let alone drive successfully all the way to California. (Perhaps they damaged the seal housing surface upon repair?)

Then you drove the vehicle for 10 months before you again “noticed leaking” - you took the vehicle in, again, to [redacted] where they insisted that the seals were fine and that the issue was likely something else in the transmission.  (This undermines their original claim that the axle was incorrectly installed.)  This also supports the idea that an internal problem was the likely source, or contributing factor, of the leakage from the beginning.

Another 2nd opinion by [redacted] suggested that part of the transmission was likely “stripped” due to “normal wear and tear”, and said you would need a new or rebuilt transmission.  “Normal wear and tear” is very different from “incorrect installation of axle assembly.”

Now, [redacted] wants to sell you a $1700.00 dollar repair of the transmission housing. You could buy a complete used transmission for $500-$600 dollars with labor 6.6 hours @ 100.00 you’d be at $1200 - $1400.

I have no idea why, after 18 months, you believe we would be responsible for repairs to your vehicle when it’s highly probable that it was leaking before the first time we looked at it, and other shops have now also attempted to make repairs and they could have damaged the housing, or the leaking seal could be the result of internal damage that was there from the beginning!  This would explain the ongoing failed attempts to stop the leak.

One other note of interest:  at the time your vehicle was in our shop, your complaint was that you heard a “rattle noise” from the engine area. We found, at that time, the engine oil would not even register on the dip stick.  Upon inspection at that time, we found that the engine oil pan was leaking.

We recommended at that time that you repair the oil pan leak which you declined. Since there was oil leaking from the engine oil pan (at least two quarts low – likely more!), it is not unreasonable to believe that the transmission was also  leaking and any damage to the housing could have easily occurred prior to being in our shop.  Also, the obvious lack of maintenance – dangerously low engine oil level – confirms a lack of proper maintenance on your part.

I don’t know where your vehicle was being repaired prior to us looking at it and replacing the seal and axle along with a belt and oil change.  I do know we did not damage the housing as you claim. I also know that the axle and seal were installed correctly here.  Again, if not, your vehicle would have never made it around town, let alone to California.

In closing, again, we will not be sending any money for your repair. You had a warranty for 12 months or 12,000 miles.  It’s been 18 months and you had it warranted by another shop during that time.  I’m sure your attorney will realize that the preponderance of the evidence does not support your claim, and that the warranty, while handled properly, has indeed expired.

Sincerely,

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

We are not satisfied because, despite experienced 3rd-party evaluation of the damage and conclusion about the cause, Hurst Firestone refuses to accept any liability.

Regards,

[redacted]