Quote:
Originally Posted by MADDOG`
One thing to note: The law requires that the manufacturer has the burden of proof with respects to failures caused by aftermarket parts. In other words, they have to prove, beyond a shadow of a doubt, that the aftermarket part caused the failure.
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This isn't quite true . . . . They don't have to prove it beyond a shadow of a doubt. They have to prove it by a "preponderance of the evidence," which basically means that they have to prove that it is more likely than not that the failure was caused by the aftermarket part. They only need 51% of the evidence on their side, not 100%.
Even then, the law doesn't require them to make the repairs to your car (and after suing them and winning, would you really want
them making the repairs, anyway?). You don't even (necessarily) get the cost of the repair. The measure of damages in a breach of warranty case is the difference in the value of the car
without the repair vs. the value of the car
with the repair. Depending on your car, its age, mileage, etc., and what needs to be fixed, this may or may not be enough to pay fo the repair. The good news is that, if you do win, you get attorneys fees and court costs, as well.
Keep in mind, though, that you have to go to court to get any of that. Until you go to court, and win, the company doesn't have to do squat. So, your car could be laid up for years while you sue the manufacturer over your breach of warranty claim. Or, you can pay for the repairs out of your own pocket and hope to get reimbursed by the winnings from the case. Which could take years.
I'm not trying to rain on anyone's parade. Go ahead and mod away! That's part of the fun. Just don't think that if something goes wrong it's going to be a quick or easy win against the manufacturer.
Best advice I've seen has already been posted in this thread . . . make friends with your service manager so you never have to worry about a breach of warranty action.