Think I Threw a Rod....

[landiscarrier]

It’s up to the dealer to prove that the tune or any performance added component was the direct cause of the failure.

everyone jumping to conclusions here....it could have simply been a failed/bad oil pump.

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[Obijack]

I'll throw in an actual dealer story: guy came in with a 2.3 Ecoboost Mustang, with a thrown rod. It had been modified but the owner took the trouble to unbolt his mods, swap in the original pieces, and set the computer back to stock. It didn't exactly fool the service department but I do believe they honored the warranty and he got a new short block.

I do hope the OP gets his truck fixed by Ford, but I'm thinking if the mods are in place it might be a tough sell.

I can see how the Ford Performance tune makes sense. It's a 91 octane tune, pretty conservative. But some of the directions people go in, with aftermarket turbos and whatnot, I just can't see Ford backing that sort of thing. I just don't like how the drivetrain warranty gets cut in half with the Ford tune, and they recommend we not do any towing. My feeling is the 2.3 is a little marvel of engineering but it's pretty highly stressed as is.

FP recs no towing with the FPT?

 

[jsphlynch]

It’s up to the dealer to prove that the tune or any performance added component was the direct cause of the failure.

Got a reference for this? My ill-informed assumption was that being able to show that the failure is consistent with known operation of the vehicle outside the normal operating parameters would be enough for them to avoid responsibility.

 

[r1ch999999]

I'm curious as this is the first time I've heard about the CSP that was mentioned. My truck has a build date of 8/9/19 according to the window sticker. Looks like I might have missed the time slot that the CSP covered, but I'm still curious how to know what might have needed to be done.

I've hesitated tuning my Ranger, and the FPT doesn't seem worth it to me. I'm still holding off for a bit.

 

[HenryMac]

While those suggesting that OP is likely at fault for 'hopping up' a vehicle that 'wasn't designed for it' I'd point out that in this case nothing has been done that is much different than what Ford offers as Performance Parts that they warrant... and I suspect are developed and manufactured by contracted companies like (suspected) Livornis and Borla.

If it were internal mechanicals and maybe the turbo - possibly an aftermarket injector failure - maybe? But really, with the sensors and underlying software that isn't going to removed this kind of failure could have been the oil pan bolt falling out. I don't know of any tune that raises the redline.

Because we all know, how a person actually drives the vehicle has zero impact on damage, or lack there of, to the vehicle and it's components.

Am I saying the OP did something wrong? I don't know, and neither do the rest of us. Can we at least be realistic?

As soon as somebody starts talking about "resetting to factory tune before taking it to the dealer" I'm thinking their ethics are in question, at a minimum.

 

[Langwilliams]

FYI I hit an animal out in the boonies a few years back. I got to where there was a street light an looked over the front end. Looked like just a little cosmetic stuff with the bumper cover, an not bad at all. I see tons of cars with far worse looking bumpers driving down the road all the time.......


WELL it was just enough to push the fan into contact with the radiator. A few days later I was stuck in traffic on the highway an noticed it overheating...by the time I got to the exit an got off an parked I had damaged the head or head gasket. I know I shouldn't have pushed it but I did an it cost me close to 2 grand.

I bought a motor out of low mileage wreck for a $750 an paid about $800 for a local shop to do the swap.
It seems like I was quoted a new motor from the dealership was around $4500 for the crate motor an labor with a new warranty.

I hope a reasonable solution is found an I will keep following this.

 

[db_tanker]

I hear folks talking about resetting to factory spec and I'm thinking "don't they know that its all recored in there?" I don't think that can be erased either.

 

[Motorpsychology]

I hear folks talking about resetting to factory spec and I'm thinking "don't they know that its all recored in there?" I don't think that can be erased either.

At best it would be a "He said-She said" scenario. the OBD can indicate that there was a reset, but from what?

 

[outdoorphotog]

The ECM records how many times the ECM has been reflashed, its been a tell-tale sign since OBDII inception that an ECM likely has been flashed and flashed back based on the counter.

 

[JoeDirt]

I thought the same thing...I would be suspicious about any build around that date.

Now I'm worried.

 

[ch47dmechanic]

Got a reference for this? My ill-informed assumption was that being able to show that the failure is consistent with known operation of the vehicle outside the normal operating parameters would be enough for them to avoid responsibility.

It's called the Magnuson-Moss Warranty Act and has been the solid precedent in the industry for decades. Just like any standard court case, the burden of proof is on the accuser. The dealer/manufacturer has the responsibility of proving that the modification(s) made to the vehicle directly caused the failure to occur. If they cannot do that, they're responsible for honoring the warranty as written.

 

[Racket]

^ this right there always crosses my mind too.

Depends on who one thinks they are beholden to. In arbitration I would not concede anything especially if it could be disputed.

 

[tehschkott]

I like the members who are like, hey Ford offers a tune too, what's the big deal.

As if all tunes are the same.

Good luck on your affairs here. You're going to need it.

 

[NickTheEnforcer]

As a former contract inspector for Ford ESP, this certainly should be a denied claim by Ford, I just don't see any way around it.

Disclaimer:
Since we are all a community family here I'd like to offer my opinion, not to rag an anyone in fact I sympathize very much with the OP. But as a counter opinion to those who might be considering anything that may put you in a similar situation.

The moral high-ground does not help you if the party you are trying to get service from has no vested interest in doing so or has a bigger lawyer available to grind you out.

It is our right to modify our property anyway we see fit, but there are potential consequences. As adults we all know/or should know this. Ignorance of the rules in any case does not exempt us from an unfavorable outcome.

I've had claims that I had all the documentation [not just automotive] and had to run the gauntlet with the 'warranty' dept. and prove every aspect of my claim. Warranty service within many industries mimics a government bureaucracy for a reason..

We also need to keep in mind that many industries are operating [for years now] on the thinnest of profit margins and purposely look for reasons to deny a claim to remain solvent. It's tough all over and probably going to get worse, 2021 is going to be a bumpy ride for many of us.

On a personal note aside from a few benign accessories I honestly can't afford hi-priced Mod's no matter what the back end risk might be. Trying to put a few bucks aside for savings/retirement, kids tuition, braces, etc. that all of us living the 'middle class dream' worry about there is just nothing left unless I want to write the next check to a divorce attorney.

JMO

And best of luck with anyone currently in this type of situation or in the future at some point.

 

[jsphlynch]

It's called the Magnuson-Moss Warranty Act and has been the solid precedent in the industry for decades. Just like any standard court case, the burden of proof is on the accuser. The dealer/manufacturer has the responsibility of proving that the modification(s) made to the vehicle directly caused the failure to occur. If they cannot do that, they're responsible for honoring the warranty as written.

I'm aware of (but certainly no expert on!) the Magnuson-Moss Warranty Act. What level of proof of needed? It's a civil matter, so I would expect that their very, very well-paid lawyers, armed with tons of engineering and test data on the operating envelope of the vehicle, should only need to successfully make the argument that the consumer is more likely than not responsible for the failure.

And who is accusing who? If I take my warranty claim to court, am I not accusing Ford of violating the warranty contract they made with me? If this is the way the court would view it, then the burden of proof falls on me to prove that it was a Ford defect, and not my changing my vehicle to operate beyond how it was designed, that was responsible for the failure.

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