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Rear end replacement concerns.

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Old 10-10-2014, 09:59 AM
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Default Rear end replacement concerns.

2012 Long Horn 5.7, hit in the side, quite hard. She ran a stop sign, basically impacted right rear wheel. Desytryed rear end housing some body damage. Chrysler tell me the min. the factory rear ednd is replaced, no matter wether new, rebuilt or used that the factory warranty is over, as its no longer a factory installed rear end.
Ins co is putting in a used rear end, same year, a little less mileage on it same gears. (3.55). My truck has 40,000 miles on it.
Not asking what seem right but if anyone actually knows the law. My attorney is all swollen up and gonna do this and that blah, blah but won't say what the law is!!
Th warranty on used will be 6 months now, before wreck I had 60,000 miles left on the warranty. Thanks
 
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Old 10-10-2014, 01:36 PM
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Every state has different laws.
I'm not an attorney. I do keep one close though...

How did the conversation get to: rear diff won't be covered? Why don't you have a choice of new versus used?

We need more details so we can provide you with marginal legal advise lol.
 
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Old 10-10-2014, 01:39 PM
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The "LAW" on this issue is going to come down to what YOUR warranty contract says. If it plainly states that replacing a part voids the warranty then it does.


That said, I can see the factory warranty not covering parts replaced aftermarket, but I find it hard to believe it contains verbiage which specifically voids the entire warranty because a part has been replaced. For example, are they saying that by replacing your stock shocks because they are worn, you lose your entire warranty???
 
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Old 10-10-2014, 01:59 PM
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Originally Posted by biggcrisp
Every state has different laws.
I'm not an attorney. I do keep one close though...

How did the conversation get to: rear diff won't be covered? Why don't you have a choice of new versus used?

We need more details so we can provide you with marginal legal advise lol.
Thanks for reply. I fully understand the factory warranty is on factory installed parts only. I mean why would Chrysler extend the origional factory warranty on parts not OEM factory installed? Of coarse they wouldn't.
Ins. company says the Florida law says They may replace rear end with a used rear end as long as the rear end is from the same year vehicle OR newer, with the same mileage OR less. Which means if it blows 7 months down the road I'm out the price of another rear end.
Why do I not have a choice? Probably around $3000-$4000! This used rear end is $2500, I do not know what a new OEM is. MY beef is before the accident I had 60,000 mile warranty. (40,000 on truck) Now I'll have MAX 1 yr on used rear.
Of coarse we're talking warranty on rear only, has nothing to do with tranny or engine. Hope this helps.
 
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Old 10-10-2014, 02:02 PM
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Originally Posted by HammerZ71
The "LAW" on this issue is going to come down to what YOUR warranty contract says. If it plainly states that replacing a part voids the warranty then it does.


That said, I can see the factory warranty not covering parts replaced aftermarket, but I find it hard to believe it contains verbiage which specifically voids the entire warranty because a part has been replaced. For example, are they saying that by replacing your stock shocks because they are worn, you lose your entire warranty???
never said it would void ENTIRE warranty. Never disputed it would void warranty on rear end, that is common sence, tha factory rear end will not be in the thing. My question was "does insurance have legal right to replace the rear end with a used one winding up with basically no warranty as opposed to the new warranty. This accibdent was not my fault, I have no liability.
 
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Old 10-10-2014, 10:44 PM
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What does the policy (contract) you signed say? It may very well give an insurance company the right to choose any and all parts used and may even give them the right to force you to use the place they say to execute the repairs. Did you read your policy before purchasing it or did you blindly sign it and hand them over money every month?

There really is no "law", when you sign a LEGAL contract, the law is basically whatever is stipulated in the agreement you signed.

I know my policy gives me the right to choose where the work will be performed and I have to sign off on the parts used but I pay for it. It's not a bargain rate policy.

I'm not a lawyer either, but I have worked on the administration level of law enforcement and my best friend is a judge so I have a good source to go to for such things...
 

Last edited by HammerZ71; 10-10-2014 at 10:48 PM.
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Old 10-11-2014, 11:02 AM
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As for the insurance, that's common, used or rebuilt is acceptable as long as it meets or exceeds what was in there. I take it you are not dealing with your insurance company, your dealing with the other parties?

As for the warranty, I find it hard to believe that Ram will not warranty the new part. Let's say the day you bought the truck on the way home the engine exploded. They warranty it and install a re-manufactured engine. Does that mean the engine is no longer warrantied? Or is this all about the fact that the part is considered "used" and not "re-built"?
 
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Old 10-11-2014, 11:06 AM
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Ok, so you have a 5 year 100k miles power-train warranty and since the truck is a 2012 model with 40k miles. That would leave you with about 2 to 3 years left and 60k miles. The rear end will not be covered after the repair except to probably 12k miles and 1 year. Since you are losing only the rear end warranty, I would go to the insurance of the person that hit you and demand that they provide extended warranty to cover your damages. It's really straight forward, your fight is not with Chrysler, it's with the insurance of the person that hit you.
 
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Old 10-11-2014, 11:11 AM
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In addition to extra coverage, you can also ask for compensation on the reduced value of the truck. Any way you look at it, after a wreck, a vehicle has diminished value.
 
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Old 10-11-2014, 03:23 PM
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Thanks Duso and Pedro, I will contact my attorney on Mon. Everything you say seems right on to me.
Hammer, thanks for the help but no offense but yo just don't seem to get what I'm saying. I have signed NOTHING. This accident was the fault of the other perty, 100% as verified by f the FPL! It's the other parties insurance company at fault. Am I blind, no, my insurance had nothing to do with it except if I go thru them I pay the $500 deductable and wait who knows how long to be reimbursed???
 


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