If a car dealer lets you take a car out for a test drive and it suffers catastrophic engine and transmission hurt, are you reliable for the repair charges?
Note, I didn’t say, “Because of a touch that you did incorrect,” rather, that it veteran a breakdown that occurred while you were driving the vehicle.
Baffled? So, too was my reader, “Alissa” who lives in a suburb of Los Angeles, not far from one of most pictorial and yet shifty sections of freeway on Throughway 5, which connects Southern California with the Central Valley.
Known as the Tejon Pass, often called the Gossip, it is a steep 5½ mile, 6% grade at the northern end of the pass that makes inhabitant news every winter when it is shut down due to ice and snow, stranding thousands of motorists and huge rig drivers.
In summer, it can ruin a vehicle’s engine and transmission if they are in poor shape up. It has two runaway truck ramps. All of that said, coming down I-5 is one of the most dramatic drives I know of and never tire of the encounter.
Found the ‘Ideal’ Used Compact Sporty Car
“I was looking for a low-mileage, compulsory, sporty car from Detroit and found a 2013 model year that I thought was ideally priced at $15,000 at a car dealership in Los Angeles. They photocopied my ID and driver’s license, handed me the keys and said, ‘While this fastidious model is no longer being manufactured, it was seen as Detroit’s answer to BMW and Mercedes. Take it everyplace you like.’
“I have family who live in the Central Valley and know the Gossip like the back of my hand. After success the summit at about 4,000 feet, I started my descent, and shifted into a lower gear as I have always done. This is called ‘engine braking’ and allows the transmission and engine to slow the vehicle so you don’t run the risk of brake-fade.
“At first the car behaved naturally, slowing down a bit, but then, in shifting to a lower gear, abruptly things went very terrible quickly. The tachometer – showing engine RPM – started climbing towards and then into the red, at over 7,000 RPM and finally the needle was pinned at the end of the tachometer.
“I tried to up-shift, but nothing happened except this dreadful, dreadful sound rising. Next, I heard what sounded like an explosion, with smoke billowing from the car. I pulled off the freeway and onto the shoulder, heard more weird, ‘crunching’ sounds, then the car absolutely died.
“I phoned the dealership and they sent a tow truck. Later I learned that both the transmission and engine were ‘blown’ by over-revving.”
‘It’s Your Fault Because of Downshifting’
“Mr. Beaver, the used car manager, both in a letter and screaming at me on a touchtone phone call, is insisting that I pay for repairs to the vehicle. ‘You use a car’s brakes to slow down, not by downshifting!’ he continual.
“But this was an compulsory, not a manual, and I have always downshifted automatics when descending the Gossip with no problem. Can you help?”
‘Trying to Scam Him,’ Were the Observations from Auto Workings
I spoke with workings at transmission shops from across the country and with technicians at dealerships that sold this fastidious brand of luxury vehicle. They all agreed that unless there is a defect, an compulsory transmission will prevent you from over-revving your engine by up-shifting reluctantly or by not allowing you to shift to a lower gear if there is a the makings to over-rev.
Said a technician from Denver: “Automatics manufactured over the past several decades will not allow themselves to self-destruct. If you are driving at freeway speed and try to shift your car into the incorrect gear, it won’t. It may shift to a lower gear than what you are in, but will not allow itself to cause the engine to over-rev.”
But, they all stressed, that, while most cars with manual transmissions have a rev limiter – or other gears that prevent over-revving – nothing will stop you from downshifting into the incorrect gear and casually over-rev the engine. “That’s why it’s
vital to always take into account how quick your car is moving before deciding to downshift into a lower gear in a manual,” every mechanic pointed out.
Before I gave them the model, technicians at dealerships that carry the brand of car my reader drove said, “You’re talking about the XYZ, right? That car had tons of transmission harms.”
Also, they all agreed with Alissa that it is impeccably apt to use “engine braking” as way to help slow the speed of automobiles and huge rig trucks on roads like the Gossip.
A Small Chat with the Dealership’s Owner
It was evident that either the used car manager was dense about no matter what thing mechanical, or was trying to bluff my reader into paying for a touch that was not her fault.
In conversations with auto dealer friends of this column, the end they all reached was that asking the consumer to pay for repairs was so incorrect as to risk the Sphere of Motor Vehicles or Constituency Attorney Consumer Fraud Departments getting caught up.
In summary, they said:
“When a used car suffers a catastrophic breakdown on a test drive – mainly a car nearly 10 years ancient – unless you can prove the consumer projected to harm the vehicle, you weigh the cost of repairs against just donation it to an auction lot, or having it confirmed scrap.”
Armed with that in rank, I phoned the dealership’s owner. Not only was he unaware of the facts of this case, but when well-informed what his used car manager was doing, became very upset.
“It is plain incorrect! Please tell your reader that I am so sorry she was place through this nightmare and that if she still needs to buy a car, to pick one out and arrange to speak with me. I will make things right.”
I conveyed that in rank to Alissa, and it is my appreciative that she will take him up on the offer.
Attorney at Law, Author of “You and the Law”
After attendance Loyola Academe School of Law, H. Dennis Beaver joined California’s Kern County Constituency Attorney’s Office, where he customary a Consumer Fraud section. He is in the general do of law and writes a syndicated newspaper column, “You and the Law.” Through his column he offers readers in need of down-to-earth advice his help free of charge. “I know it sounds corny, but I just like to be able to use my culture and encounter to help, simply to help. When a reader contacts me, it is a gift.”