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06-01-2014, 07:18 AM | #1 |
Leaky Injector
Join Date: Nov 2011
Location: navarre
Age: 28
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Tuner blew my motor. Legal help!
Hey guys long story short I drove my full bolt on sr20 up to a "experienced" tuner. He spun a rod bearing and destroyed the turbo. Here's where it gets interesting, I wanted a 7psi tune I don't care for speed I want reliability. He goes against the customers wishes and decides to do a 16psi tune on a stock t25?!?!
He is crazy, I told him it would not hold up and it will not make good power. He still insists it, so I buy the MBC and now we are here with my motor destroyed. He had the car for a week and a day before he blew my motor he called me telling me it's was tuned at 7psi, I asked him if I could pick it up, and he said no "I'm turning the boost up." The next day I get the call my motor is done. He admitted: "I just blew your turbo" His excuse was "a 20 year old turbo" And "I was just idling and everything all of a sudden let go, I didn't even get to turn the boost up." I call bullshit, on "I was just idlinig, and low boost". He over boosted and did a shitty tune which caused my motor failure. Motors do not destroy themselves by idling at 7psi, they do it when you over boost a turbo with a shit tune, causing turbo failure, cutting off oil pressure, destroying the motor. I did NOT sign any waiver, consent form, I was NOT verbally agreeing to any liability whatsoever. I literally dropped the car off in the parking lot with the keys in it. I didn't sign shit. What should I do, legally he is responsible because I did not sign anything. That's my fighting chance, I'm willing to work with the tuner. He should have business insurance for things like this. After all no one wanted this to happen, I just want my car fixed. What would you guys do? How do you approach this situation without raising hell?
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06-01-2014, 08:08 AM | #2 |
Zilvia Addict
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Unless he built the motor, I don't see why he would have any liability. I'm assuming you've got an SR pulled straight from Japan and swapped. That motor is 20ish years old. Who knows the history on the motor. From your post it says you bought the boost controller so you agreed to the more aggressive tune. Things happen with cars, especially when modifying them.
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06-01-2014, 08:18 AM | #3 |
Man w/ CTSV & a Car Seat
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Well, that's one tuner you can cross off your "who can tune my shit" list. But either way, your shits out of luck. You didnt sign anything, neither did he that states he'd be responsible for any damage to it.
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06-01-2014, 08:21 AM | #4 |
Leaky Injector
Join Date: Nov 2011
Location: navarre
Age: 28
Posts: 121
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I've driven the car for years with this swap. It's been plenty reliable. I was more pushed to buying the MBC along with a fuel pressure reg I didn't need for $500!. Buying parts does not mean I agree to a bad tune, and over boosting. Tuners inspect the car before they tune them. He inspected he over boosted. I drove the car almost two hours prior. If anything was on its way it was going to do it then. Not idling with a perfect 7psi tune. Like he said.
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06-01-2014, 08:24 AM | #5 |
Leaky Injector
Join Date: Nov 2011
Location: navarre
Age: 28
Posts: 121
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He is responsible from all the other tuners I talk too, it's no different than if I was at a body shop and there tech crashed the car while moving it in the shop. Tuners need liability waivers to cover there ass, if they fuck up.
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06-01-2014, 08:30 AM | #7 |
Leaky Injector
Join Date: Nov 2011
Location: navarre
Age: 28
Posts: 121
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No, I will not release details until I talk to him and see if he wants to admit his fault and help me fix this the right way. I will have respect for him if he does the right thing.
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06-01-2014, 08:33 AM | #8 |
Leaky Injector
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I'd say post your review on them anywhere you can. Yelp, FB, Instagram, google, all that. I had a rim and tire shop damage my work step lip barrels when their untrained idiot (mind you...I applied for a job here too...and I never got a call back, and yet they fuck up my shit. Bad management) dented my rims when changing my tires I brought them. Didn't wanna do shit. All i did was bring the tires and rims in, say put these on here, and they royally fucked it up. You had one job.
Anyways they're reluctlant to do a damn thing so I posted all over yelp (their main form of advertisement) and got a call from the owner and the manager saying they will send them out to get finished. I'd say get in touch with the owner if you can. Make it very clear he did the complete oppisite of what was requesed and what the deal was. If you can't get a hold of the owner raise hell where everyone can read it and at keast you make people think twice about giving them hard earned cash. Sorry to hear about this mess. Hopefully the engines not too bad. Best of luck to you my nissan brother. |
06-01-2014, 08:38 AM | #9 | |
Leaky Injector
Join Date: Nov 2011
Location: navarre
Age: 28
Posts: 121
Trader Rating: (2)
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Quote:
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06-01-2014, 08:45 AM | #10 |
Yeah well where ever this shop is in ca a vehicle may be returned back to customer in the same condition it came in so if the car came in running it must leave running. If you dident sign a waver before getting the car tune then it sounds like this guy owes you a motor. You'll be dumb not to go after him for it that much boost on a stock motor would cause that he was asking for this to happen. Sux to say you was just his text dummy
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06-01-2014, 08:48 AM | #11 |
Zilvia Addict
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Feel free to contact me as I had much the same thing happen where the tuner assembled the motor wrong and it ate itself in 500 miles. Took him to court, 15 grand in legal fees, paid him 11 grand in labor, destroyed 31 grand in parts I had receipts for. Lost in court. Got nothing.
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06-01-2014, 08:52 AM | #12 | |
Leaky Injector
Join Date: Nov 2011
Location: navarre
Age: 28
Posts: 121
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Quote:
If I signed a waiver it would be on me, but without that he is responsible. It's the same thing if the car got stolen in the shop, it's there responsibility to lock the doors. Or don't over boost a t25. He has been avoiding me too.
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06-01-2014, 08:54 AM | #13 | |
Leaky Injector
Join Date: Nov 2011
Location: navarre
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Posts: 121
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Quote:
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06-01-2014, 08:57 AM | #14 | |
Zilvia Member
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Fuck this is why I do everything myself. |
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06-01-2014, 09:03 AM | #15 |
Zilvia Addict
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Kenne bell supercharged 32 valve 4.6 liter mustang cobra. That money was all drivetrain. It would have easily been a 650rwhp pump gas daily driver but they forgot to lube the cams and seized it when trying to start it for the first time. Then they took a dremel to the cam saddles and put it back together without cleaning the shavings out of the motor. The oil pickup was completely blocked. In 500 gentle break in miles off boost the motor ate itself.
While it was clear and uncontested that the tuner seized the motor while in their possession, the judge apparently didn't believe that the independent evidence of the shavings distributed throughout the motor was enough to convince him that it came from their negligence, since I had possession of the car for a week of break in. It was a shocking result. Everyone told me going into it that courts exist to make lawyers money and they are the only ones that ever win. I tried to not be that jaded going into court, but out of it I was left reeling with massive debt and a heaping mistrust of the legal system. Lots of anger. If the shop owner says, tow it out of here and sue me, which is exactly what my shop owner did, going into court becomes his word over yours. In court here, they said I had the burden of proof to show that it was the shop's negligence that caused the damage. If you had signed something it may have helped you, since it could confirm what you were asking him to do. He could lie and claim that you told him to tune it at 30 psi, and that he warned you that it would destroy the motor but he followed your un-written directions, thus the damage was not his fault. Without a written record it doesn't help you. Bottom line, either he makes good on some repair or you are screwed. Probably either way, you are screwed, and not nearly as badly as I have been screwed by a shop.
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06-01-2014, 09:06 AM | #16 | |
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06-01-2014, 09:07 AM | #17 |
Yeah I think ppl need to start going after these shops not just yelp but take them to court call the automotive repair bar. You gotta help the next guy to many ppl are ending up at these shops from hell. We paying top dollar for bottom dollar work!!! "Well not we Cuz I work on my own shit" and any tuner tellin me to go against my wishes can fuck him self!!!
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06-01-2014, 09:12 AM | #18 | |
GM2 (SW/AW)
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I don't think you're going to get anything from this guy...
"take him to court" Judge: Did you ask for any paperwork, or have any written documents of the service he was going to give you? No? Well that sucks, live and you learn!
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06-01-2014, 09:18 AM | #19 |
Leaky Injector
Join Date: Nov 2011
Location: navarre
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The customer should not ask for legal paperwork to protect the tuner, the judge will ask him why he did not inform the customer of the risks involved and a waiver to release him of liability.
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06-01-2014, 09:19 AM | #20 | |
Leaky Injector
Join Date: Nov 2011
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06-01-2014, 09:20 AM | #21 | |
Leaky Injector
Join Date: Nov 2011
Location: navarre
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Quote:
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06-01-2014, 09:24 AM | #22 |
Zilvia FREAK!
Join Date: Nov 2007
Location: Orlando, Fl
Age: 35
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Nobody tunes my car unless I'm standing next to it watching what they are doing... Good luck recouping some money though. Sounds like both parties were negligent, however more of it towards the tuner for being overzealous.
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06-01-2014, 10:27 AM | #24 |
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1. You're not going to get shit.
2. No judge is going to give a fuck about 7psi vs 16psi. 3. Overspinning a turbo will not spin a rod bearing You said 7 psi, he said he was going to turn the boost up but he said he didn't. So it's his against yours. You're out of luck. These are the risks you take playing this game |
06-01-2014, 10:47 AM | #25 |
Zilvia FREAK!
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You drove an unknown mileage sr20 for years, then decided to put it through the stress of tuning and it had an oiling issue?
If it spun a bearing I wouldn't be entirely surprised if the turbo lacked proper oiling as well causing it's death. Had a piston been cracked etc, you could try and blame the tune. But if it didn't detonate to cause issues.... It sucks it happened, take what you can get and be happy. Tunes are not nice on cars. My car has been on the dyno twice, albeit my car makes everyone cover their ears as it approaches red line, I get nervous everytime it hits limiter. Then again I also built the motor myself, and it's been together already 10k+ miles |
06-01-2014, 10:48 AM | #26 | |
Leaky Injector
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Completely agree with what he said your not going to get shit from the owner or the court at this point like other have mentioned here, the most you can do is post what happened on a review site/place for this tuner. Next time you'll know what tuner you should be looking for, idk what the hell that "tuner" was thinking also, his logic doesn't even make sense, if someone comes in my work and ask for change brake pads and rotors, i'm not going to slap a BBK on their car. lesson learned my friend, shit happens when cars are being modified and 20 year old motors are being pushed to their limits. Maybe you don't drive your car as hard, and maybe that's why the rod bearings didn't take a dump until that tuner did a bunch of dyno runs up to red line, and who knows what parameter he changed on the maps. |
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06-01-2014, 10:50 AM | #27 |
^^^^ The truth but rong all that matters is the car was running when it came now is in op Cuz of the shop abuse their luck is not your luck you could very easily win this case. Dodd you get a "work order" from this shop some kind of receipt??????
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06-01-2014, 11:15 AM | #28 |
Zilvia FREAK!
Join Date: Dec 2007
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If you only had proof of all your statements and any back and forth conversation than maybe you might have a case. Witnesses don't mean shit unless they are anonymous and you don't know them otherwise they are considered friends "helping out", it is your word against his and that isn't much of case. I am not an attorney nor am I a legal consultant, anything expressed may or may not be correct, and I hold no responsibility for any actions taken with respect to anything expressed by me. Next time get paperwork or a reciept for any and all work and get everything said in writing.
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06-01-2014, 11:27 AM | #29 | |
Leaky Injector
Join Date: Nov 2011
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06-01-2014, 11:32 AM | #30 | |
Leaky Injector
Join Date: Nov 2011
Location: navarre
Age: 28
Posts: 121
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Weird seems like he's lying how can you call me telling me you have a baseline tune then when YOU tell me your turning the boost up the stock t25 goes beyond it's operating range, it's my fault you wet against the customers wishes and you fucked up, everyone knows 16psi on a t25 is worthless. He's the tuner who has experience, but I guess he doesn't know shit about a sr20
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