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Discussion Starter · #1 ·
Hello everyone,

Over the weekend my wife and I went to visit my expecting daughter Vegas. We were headed for breakfast and I ran in to a severe road hazard causing damage to my undercarriage. At first it was not apparent but when we got to the restaurant and parked, I noticed I had quite a bit of oil coming from below. So I called Hyundai and had it towed to the closest dealer. At first I was think it was the oil pan. In short, its that and more including the need of a transmission.

So I filed a claim with State Farm and the adjuster went to look at it and afterwards, I got a call from the Dealership it is at. He said that State Farm wants him to replace the transmission with one from the junk yard. He is telling me he cannot warranty the transmission and that it would void my warranty with Hyundai.

I have talked to State Farm twice now, the first time they referenced me to the Magnuson-Moss Act, and the second time they did this as well as explained that they warrant the parts as well.

Keep in mind I am in a rent a car back in San Diego, while my car is in Vegas at a Hyundai Dealership.

Any words of wisdom? Suggestions would be appreciated.

Thanks,
 

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I had a broken crankshaft in my used 1994 Mercury Villeger with 53k miles but bought the 100k warranty. The insurance offered to replace the motor with one with 50k miles on it for the $100 deductible or put a new motor in for an extra $600 with one yr warranty and that's what I did. That new motor went 125k miles before I got rid of it.
 

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Sorry to hear about your car!! I hope that it gets fixed soon!

You can always talk to a lawyer and have them give you some legal advice about what you can/can't do. There are a lot that will give you a 30 min consultation for nothing or a few bucks!

Chuck
 

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What bothers me about that is when a car is in an accident and needs to have parts like a fender, hood, or glass replaced, they use new replacement parts. What I don't understand is their use of a wrecked car's transmission which may have been sitting around exposed to the elements or may have been damaged in the accident that caused the unit to be at the salvage yard in the first place. On top of that, it will void your warranty according to Hyundai, so anything in the future going forward can be blamed on this incident or salvage parts. Maybe you should consult an attorney who is versed in this type of law.
Best of luck to you.
 

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Like they going to find a used trans for a Hybrid.. dealer should advise you that use of salvage part voids the powertrain warranty for that part.. If Hyundai dealer installs a Re-Man Hyundai trans in the hybrid, your 10/100 warranty remains intact.. same with the engine..

We just went through this at our place with a flood motor where customer decided to suck up a few gallon of water.. we installed a Hyundai Re-Man engine to keep customer 10/100 intact.

BTW, Hybrid trans is not a whole lot of fun to replace, They is HEAVY,,, we done 2 or 3 already at our store..
 

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Discussion Starter · #6 ·
Thanks for the input, I began petitioning the insurance company since this morning. The claims adjuster is going to get back to me tomorrow with an answer. If they say no then I have the option to pay an additional $900 for the remanufactured transmission from Hyundai.
 

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Shouldnt the insurance company be paying for the trans and install ?
 

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Thanks for the input, I began petitioning the insurance company since this morning. The claims adjuster is going to get back to me tomorrow with an answer. If they say no then I have the option to pay an additional $900 for the remanufactured transmission from Hyundai.
Sucks to hear that, man. State Farm will offer you a lifetime warranty on the replacement parts, but it may actually be tied to the shop doing the service. I have this issue on my wife's vehicle, which I nearly totaled last year. The repair is warranted, but State Farm wants me to take it back to the same body shop to have some parts inspected/replaced that were missed the first time. That shop is 1100 miles away! Also, as SBR mentioned, it may be worth having the dealership check on availability of salvage transmissions. If none are available, State Farm will have to eat the re-man'ed upcharge.
 

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Discussion Starter · #9 ·
I am in negotiations with State Farm but its not looking good. They have the transmission and they were able to tell me how many miles the replacement has on it. About 1000 miles less than mine.

Thanks for the info about you having to bring it back to the place that repaired it. The dealership is not on contract with State Farm, so the dealership is saying they will not guarantee the transmission and it will void my Hyundai warranty.

However, from the information that I have read, Magnuson-Moss Warranty Act, they cannot void the warranty, however, for $900 is this something I want to worry about. But you have presented another concern about it having to go back to a specific repair center. When I talked to State Farm, they indicated that it would not matter where I took it for repair, that they will warrant the transmission. I am waiting for them to call me back, I will be more direct with this question.

Thanks for the continued info and suggestions. I will continue to update this thread through this process. Of course this is all happening right at the same time I am going to be a grandpa. Stress I tell you.
 

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Automobile insurers are about as honest as health care insurers, in other words they wouldn't know honesty of it hit them in the face. For example, Erie's fine print states that they can look for salvage parts if a brand new vehicle has been titled over six months. It's up to an astute shop to document two legitimate sources as not having the salvage part before an OE fender, hood, light bezel, trans, etc. can be procured at a cost to the insurer. A wheel has to be first repaired and found not to reasonably match the finish of a new OE wheel before an OE wheel can be procured, and on and on.

You are in a tough spot. You could pay for the remanned Hyundai trans and later fight them through the Insurance Administration for your home state, if they refuse to play fair. Let them know of your intent. They will tell you to go right ahead, but behind closed doors, they will factor in your intent to have their actions scrutinized by the administration that licenses their right to do business in your state.

Just because they're a big name insurer doesn't mean they are fair. Liberty Mutual has one of the biggest name and advertises "responsibility", but in actuality they are one of the most notoriously unfair insurers when it comes to claims adjudication.
The problem with consulting a lawyer, is that he/she must be versed with the insurance laws in your home state (the home address listed in your declarations page), and unfortuntely, you are curently out-of-state. Also, not all lawyers are well versed in insurance regulations.

My only real suggestion is to not let State Farm wear you down into accepting less than you are owed. If you have to pay out of pocket, then fight them once you get home. Remember, the statutes of your home state supersede those of the state in which the accident and repairs occur.
 

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Each state is different,check with your state law. I was in the same spot in NJ. my body guy told me if a car is under 3 years old he needs to put new parts and they must meet OEM quality,no china crap. Also state farm has contracts with auto yards claiming they will back the part for life if you use there in house installer. Hyundai has a point, you get your car back trade it in and the next guy buys your car trany goes. Now the vin dont match on the trans, lawyers start pointing fingers on who tricked who. Hyundai wont put that letter in writing to state farm that would mean state farm would be required to cover your car. Everyone watch out for the non dealer extended contracts. Thier is a company every car dealer trys to sell a new buyer I got screwed last year from Carmax. I bought a pilot from carmax in las vegas. Go to have new tires put no because of a broken belt in those good old wranglers. After tire works replaces 4 tires they send my car for a 4 wheel alinement at the shop next door. It seams someone who worked at carmax did thier 101 point inspection and painted the back 1//3 of the undercarriage with black undercoating to cover up the rusted lower arms and bolts.The only way to fix the suv was to cut off all the rear parts and replace them at a cost of 2,300. If I had the cash I might have done that because the shop showed me the rusted parts I called carmax who sent the contract adjuster to look at my car. He works for the extended warranty company. In fine print it says any rust voids your car. They start fighting with carmax because my car only has 22,000 miles on it.And carmax claimed it was a las vegas car so it could not have that rust damage. Well everyone walked away claiming not my falt. Carmax did not have that employee anymore working for them. My lawyer said by the time it went to court I would be stuck with all the fees because you could not prove will full intent or even if they did it. But carmax has an ad were they will buy your car even if you don't buy one from them. I had to walk away with my tail between my legs and take wholesale.which just covered my loan.This may sound cheesy call your local tv station there is a reporter who loves doing stories like yours since your car is new and Hyundai claims they can cut you off at the knees let them. Then it will come to state farm and hyundai. Your not the only one and that claims adjuster might get a bonus at the end of the quarter from state farm for saving them money.
 

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Discussion Starter · #12 ·
So I called my local dealer yesterday and talked to the service manager and the parts department. The transmission is listed for $3018. So I called the parts department at the dealer where my vehicle is at and they looked it up and said it would take 1-2 days to get at it was $3018. My dealers service manager told me that there is not more than $300 markup on the transmissions, so knowing this I asked told the parts manager where my vehicle is at about the transmission issue and asked if he could do anything. He offered to take $100 off the 3018 price. So after talking it over with my wife and with the info I brought from my insurance company I decided to eat the cost for the transmission. So I called the dealer at 7AM and told him to install the Hyundai transmission.

At 7:45AM I get a call back from the dealer and he informs me that he made a mistake and that it will be $1900 because there is a $1000 core charge and my transmission has a hole in it and cannot be used as a core. Now his tune changes and he tells me you need to go with the state farm one and that he was going to order it. So I said I could not afford or justify $1900 and said ok with the State Farm one but I asked him to call and inform State Farm that now there is an additional $1000 and see what they want to do. He told me no, you need to call. I said I will call but you need to call as well. So he finally agreed to call.

So I called State Farm again only to find out that the service manager told State Farm that I was good to go with the State Farm one and that he was not going to submit the info on the $1000 core supplement. So now I am furious about this, because I told him to see what they said. I then asked the adjuster why he would need to submit a supplement when the adjuster already knew that there was a hole in the transmission. I said that I was told by state farm and the dealer that I just needed to pay the difference for the part. So she was going to call the adjuster that did the inspection and get back to me. I still have not heard back from this but there maybe reason.

About a half hour later the dealer calls me back and tells me he has some bad news, he said I can't get the state farm transmission until Monday, so your car will not be done until Wed. at the earliest. I Said that can't be, State Farm said the part was available and local when I called them on Monday. He also goes on to tell me that he can't continue to put more time in to this that he has a store to run. (So I am seeing red, but I keep my cool and said I would get back to him.)

So I called State Farm again and speak to the adjusting team again and I told them that the part they had was not local and readily available like they stated on Monday. (Keep in mind, with the information provided by State Farm and the Dealer, I was given until this morning to decide and still get my car back Friday.) So I insisted that they re-consider the Hyundai Remanufactured tranny and pickup the complete costs.

So I head to lunch. During this time the dealer called and left a message. I didn't want to talk to him until I heard back from State Farm. State Farm called me at 12:20 and told me that the part is local and ready and could be sent right away. (So now I am furious, but I am still calm and decide to call the place that has the part.) She also informed me that the dealer hadn't even called them yet.

1:30 I called the place that had the part. I found out that they are not local, they are in California but State Farm considers them local because they ship it within 48 hours. I said well that's not local and that does not help me. I explained some of the situation and he tells me he is an honest guy, and that I had ordered the part on Monday that I would have had it today. I said if you were local like State Farm informed me, if I ordered it today I would have had it today or tomorrow. He did tell me that the dealer had not placed the order and since it was after 1PM that it would not get out until tomorrow.

So now I am at a loss, I have a one way rent a car that needs to back to Vegas by Saturday. I am getting the run around from the Dealer and State Farm. So I called State Farm again and this time I told them I think its time to not just talk to the Group Supervisor but the main Supervisor. After a half hour on the phone with him he told me if going the Hyundai transmission would get me on the Road sooner, then that's what we will do. He said let me call the service manager and confirm this.

So I said that would be great. So after our call I called the Service manager and he told me how he talked to State Farm and that it was a done deal that the State Farm transmission is on its way. I told him that State Farm was going to contact him and approve the Hyundai Transmission if it would put me on the Road sooner. I said they will be contacting you shortly.

About 15 minutes later I got a call back from State Farm, and the supervisor is telling me that the State Farm transmission is my quickest option because the Hyundai one is not available until November 7. I said no way, he told me that he could have my car ready on Friday with the Hyundai one. I said I even talked to the parts department and gave them my vin number and asked how long it would take to get. They told me 1-2 days. So asked him to call the Dealer so we could have a conference call. So we get in touch with the service manager and I let him know I am on the phone with State Farm and that they are telling me that you cannot get the Hyundai tranny until Nov. 7, but you have told me that you could get it and have my car done by Friday. He said I know but the tranny will not be available until Nov. 7. I said why would you tell me its available and also the parts manager told me 1-2 days yesterday. It was a very uncomfortable situation. State Farm told him that they were willing to pay the additional $1900 if this was the quickest way to get me on the road. So the service manager started barking orders to the parts department to locate a transmission. The call ended with the service manager and I talked to state farm more, and while the manager was very helpful I explained to him that I was upset with State Farm as well with the fact that their local transmission was not local when they said it was. At this point there was no more that could be done until tomorrow AM.

4PM I decided to call my local dealers parts department again. I asked them if they could find a Hyundai tranny, so I gave them my Vin# and they found one in Aurora and they could have it in 2-3 days. He emailed me the part information.

4:40 PM I called the Dealer in Vegas to see if they found and ordered the transmission. The parts department didn't even know what I was talking about. The service manager already went home, so I talked to a service rep and asked them if they found the tranny and ordered it. He checked and got back to me and said that they ordered the one that State Farm ok'd and that the Hyundai one is not available until Nov. 7. I told him that this information was no true that their is one in Aurora, and asked him to have his parts department check. After being on hold for 5 minutes he got back to me, and said yes they have one but they could not get it until wed. I said well you need to call the sm and order it.

This is far from over, I am so furious right now all I can see is red. What are your thoughts? I intend on being on the phone with State Farm and the Dealer at 7AM.
 

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This sounds like an absolute nightmare. Makes me so happy I am not dealing with State Farm, and that I am not dealing with this dealership/service department.

I know it doesn't help you on this deal, but are you planning on staying with State Farm after this is over with?
 

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Discussion Starter · #14 ·
Just an update today, State Farm approved the $1900 and going to the Hyundai Transmission. If nothing else goes wrong we should be good to go on 10/21.
 

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Hyundai trans from Aurora (West of Chicago) PDC will ship Fed-Ex Ground and arrive at dealer likely in back of tractor trailer, that how we receive our transmissions.

Parts manager can search region PDC's for part availability, service cannot.
 

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Discussion Starter · #17 ·
Snead, Thanks for that.

While the car seemed stressful, it is the least of my worries. I am more anxious for the grand kid. I am in San Diego at the moment with the rental, and my Daughter is in Vegas. She is ready to pop.
 

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May I ask what kind of road hazard you encountered that did that kind of damage to your undercarriage? In N.Y. it is possible to file a lawsuit against the city/town if you hit a large pothole, raised sewer, or other flaw that caused damage to your vehicle.
 

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Discussion Starter · #19 ·
Vinny, I am not sure I can really describe it, it was cement but its color matched the asphalt, like a partial median just invisible. I hit it doing about 10mph. Not high enough to hit the front skirt but enough to catch the bottom and put the vehicle to an abrupt stop.

The family and I were in shock. We didn't see any damage initially, just the black plastic under the car was broke. So I left and parked at the restaurant we were headed to and I got out of the car and it was long that I saw a huge puddle of oil. (I had never been in the area ever before.)

My immediate thought was I must of got the oil pan, so I google mapped for the closest Hyundai dealer and called them. I got a hold of the service manager right away which I was happy about and surprised since it was a Saturday. I told him what happened and he said it sounded like I got the oil pan. He told me if I get it there right away that he could have me back on the road that day. So I was happy about that possibility and mad that I was probably out a $1000. Anyhow I called the Hyundai Road Side, and had it towed to the dealer. About an hour later is when I got the real bad news.
 

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That stinks, but the main thing is you and the family are ok, and the car is getting fixed. I have seen those types of medians in the city which originally had yellow painted curbs with signs in the concrete warning drivers of it, only to get worn away and the signs to get knocked down over the years, leaving behind a road hazard for people that are unfamiliar with the area, especially at night. I am glad you and the family are ok, and although you have been dealing with all the aggravation revolving around the incident, it will get fixed and you will be on your way with new tires as well.
Take care.
 
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