Update: Dinan mods *WILL* void your aftermarket warranty

beanboy · 18th February 2004, 23:34

Background: Rear subframe on my car broke, leaving me with a $4000 check. I had 52000 miles on the car, with a 100,000 mile Warrantech warranty. I had Dinan CAI and software. Warrantech saw it would be an expensive repair, so they looked for ways to void the warranty, and claimed my Dinan mods with a whopping 1.25% gain in HP voided my warranty.

Well, after weeks of dealing with Warrantech, the BMW dealer I purchased the extended warranty from, and Dinan, I'll be the one paying the $4000 bill. BMWNA says Dinan is not 'reccommended', and thus Warrantech can by law void my warranty. Only people like oil manufacturers are reccomended. Thus, while Dinan is fine under your 50k mile BMW warranty, it will void your warranty like any other mod manufacturer. Dinan was pretty lousy on this. I called them 4-5 times and emailed them several times, and finally got an answers today, 12 days after first contacting them. Didn't return my calls a couple of times (yesterday, for one). Happened to catch him at his desk today, where he said nothing they could do. Figured they would have some sense of caring, since after all this is a HUGE problem, as I know a great number of M5 owners never thought their aftermarket warranties could be voided by Dinan parts since the BMW warranty was not.

So, guys with ANY Dinan mods and aftermarket warranties: watch out. If anything major goes wrong, TAKE OUT your mods before sending the car in.

Very, very frustrated,
Parker

ZCAT3 · 19th February 2004, 00:09

Parker - extended warranties are covered by the Magnuson-Moss act (as are new car warranties). What this law says in regards to your issue is that the warrantor cannot deny coverage when aftermarket parts are used unless the warrantor can establish that the damage to the vehicle was caused by these parts. Take a look at this link for some detail: http://www.autosafety.org/article.php?scid=116&did=748

I would go back to them with this or I would contact a lawyer. It may cost you a few hundred dollars but it is worth IMO given the overall expense you are looking at.

Good luck -

Bill

beanboy · 19th February 2004, 00:49

We've been working with a lawyer. Doesn't seem like we have a case though, just from the fact the warranty booklet says "No non-reccomended modifications/parts"

Thanks,
Parker

ZCAT3 · 19th February 2004, 01:03

Quote:

Originally Posted by beanboy

We've been working with a lawyer. Doesn't seem like we have a case though, just from the fact the warranty booklet says "No non-reccomended modifications/parts"

Thanks,
Parker

Parker - generally federal laws like this are made solely to protect the little guy (read your average joe consumer) from getting screwed by language like this in a contract. Although I am not an expert on this act, it would surprise me if you could waive your rights under this law simply by buying a warranty that has those words in the warranty booklet. If that was the case you can bet every car manufacturer and warranty seller would put those words in their warranty booklets and then deny all warranty coverage (heck, maybe the warrantor recommends Chevron and can prove you used Shell once).

So, I would call Dinan and see if they have any information that can help you. I would also perhaps speak with another lawyer, if in fact the advice you received above is from a lawyer.

beanboy · 19th February 2004, 01:05

I've been talking to dinan for the past 12 days. They told me today (after I called them because they didn't bother to return my call) that they could do nothing.

Thanks for the suggestions, guys, I really appreciate it.
Parker

Teutonaddict · 19th February 2004, 04:16

Quote:

Originally Posted by beanboy

I had Dinan CAI and software. Warrantech saw it would be an expensive repair, so they looked for ways to void the warranty, and claimed my Dinan mods with a whopping 1.25% gain in HP voided my warranty.

Parker-

Thanks for keeping us updated. Sorry to learn of the latest status. While I've read similar small print in every aftermarket warranty I've seen, it does seem outrageous to me that software and a CAI would be sufficient grounds for voiding the warranty. Not that I don't believe you--I do--it's just defies logic.

When you say Warrantech looked for ways to void the warranty, do you know how they learned of your Dinan s/w and CAI? Did they send a rep to the dealer, or did the dealer give you up? I know you've had your issues with the dealer itself; shoot, at 52K miles I've heard of dealers comping repairs as a goodwill gesture even tho' the warranty had expired!

This is ominous news indeed to any of us modded, well broken in beasts! Again, thanks for posting.

-Dave

Teutonaddict · 19th February 2004, 04:29

Quote:

Originally Posted by ZCAT3

Parker - extended warranties are covered by the Magnuson-Moss act (as are new car warranties). What this law says in regards to your issue is that the warrantor cannot deny coverage when aftermarket parts are used unless the warrantor can establish that the damage to the vehicle was caused by these parts. Take a look at this link for some detail: http://www.autosafety.org/article.php?scid=116&did=748

Thanks for posting that link, Bill. That's the best info I've seen on Magnuson-Moss to date. I did not realize that extended warranties were covered by the act until reading the article you referenced.

Parker, you're already out $4K (plus whatever legal fees to date) on this one. Why not give a call to one of the attorneys listed on this site with specific Warranty expertise?

Here's the page that has several Lemon Law and Warranty attorneys:
http://www.autosafety.org/article.php?did=210&scid=31

If you can't call them, or would prefer not to, I will give the ATL-area guy a call next week when I have a free moment.

It's worth a little legwork now to me to avoid, if possible, the kind of sh!t you're dealing with right now.

Hang in there!
-Dave

beanboy · 19th February 2004, 05:44

Yea, dealer was awful, but the field rep voided the warranty (with a repair like this they always send out a rep). I'm sure they wanted to get out of it, seeing as this repair cost more than the warranty did to purchase, and I'm only 2000 miles into the warranty. So the dealer could have pointed the rep to my mods, but its most likely they went searching to not have to cough up money for another 48,000 miles.

I'll start looking through the weblinks you guys posted tomorrow. Really appreciate it!

Parker

Need4Spd · 19th February 2004, 07:54

Since your warranty is in effect useless, why not sue to get a refund? Obviously you were misled about the coverage and whatever promises they made they never intended to keep. At least you might get your money back. Sorry to hear you had such a problem.

beanboy · 19th February 2004, 08:07

We've got a refund, but unforunately that leaves us with something like a $2000 bill still, and 48,000 miles of what should have been a trouble-free warranty period. If warranty companies can do this anytime they find an expensive repair, what's the point of them? All they do is gamble, and the gambles that don't work out they can cancel the warranty and refund the money, coming up even for them....

Parker