Public Mediation

Dan Cava Toyota-Dispute-#3232948

D. B. vs. Dan Cava Toyota
2510 Whitehall Blvd. , Whitehall, West Virginia, 26554, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Dan Cava Toyota
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 3232948
    • Amount Involved: N/A
    • Filed On: Jun 18, 2012
    • Posted On: Jun 29, 2012
    • Complaint(s):
      • Bad business practices
      • Contract / Agreement / Promise dispute
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"2007 Toyota Tocoma, I was traveling I-79 south home from work when my Toyota Tacoma began to tick and miss. I pulled off to the side of the road and checked the oil. I noticed a creamy color in the oil, Temperature guage still didnt read hot or overheated so I drove the Toyota to the nearest shop being Rinkers Automotive. When pulling into shop shut down vehicle and saw antifreeze exiting over fill jug. Turned ignition back on and engine temperature guage read hot. Called for a ride and left truck there on Friday June 1. Filed a claim through the aftermarket warranty GWC, GWC authorized the repair and began looking for a replacement engine later on monday calling and informing me that vehicle was under factory warranty. I loaded truck up and delivered to Dan Cava's to have repairs made. Dan Cava's issued me a loaner vehicle and started tear down procedure later implocating that engine was abused, by no means was engine abused. I have been in the mechanic field for 9 years now working at a shop for 8, and know that if a head gasket is damaged there is a chance of compression getting in cooling system and not allowing guage to read correctly, therefore giving a false impression of engine being at operating temperature. This overheating issue causing cylinder walls to scratch due to metal being hot not due to low oil. I change the oil in my own vehicles and feel that I have the knowledge to do so with out under-filling. I would like this matter to be resolved."
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Additional Communication Between Claimant and Dan Cava Toyota Hide
  • Jun 20, 2012, Claiming party added:

  • Since when do leaky axle seals lead to signs of abuse and burnt clutches are due to hunting and female driver that's not abuse and not your responsibility but engine is

What Claimant Wants Hide
Non-Cash
What By When How Much
1. Repair: Replace engine under Factory Warranty as should be done Jul 27, 2012 N/A
Cash
1. Other – Copy claim to regulators Jul 27, 2012 $14.95
2. Other – Pay for claim posting cost Jul 27, 2012 $7.95
Cash total : $22.90
Non-cash: 1 items
  • 0
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:

  • "MR. BOHAN AGREED ON TEAR DOWN TO DIAGNOSIS AND SEE IF WARRANTY IS VALID OR ABUSED. FOUND HEAD GASKET BLOWN BETWEEN #3 AND #5 CYLINDERS. THIS ENGINE GOT EXTREMELY HOT TO THE POINT IT BLUED CYLINDER WALLS AND MADE BAD VERTICAL SCRATCHES IN CYLINDER WALLS.THIS WAS TAKEN TO EXTREME AND FALLS UNDER ABUSE AND WAS VERIFIED BY A TOYOTA FIELD TECHNICIAN.OTHER SIGNS ARE LEFT FRONT AXLE LEAKS BAD AND CLUTCH MATERIAL COOKED ON FLYWHEEL AND PRESSURE PLATE."

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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