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Old 01-11-2005, 07:57 PM   #1
oldblackbeard
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Default Class Action Lawsuit Re: Blown Head Gaskets/ Cracked Heads/ Overheating

I AM NEW TO THE BOARD, BUT HAVE HAD A PROBLEM THAT MANY HERE HAVE BEEN THROUGH. MY WIFES CAR (98 SUB OUTBACK 2.5) STARTED MYSTERIOSLY OVERHEATING, AND AFTER $600 REPLACING THE WATER PUMP AND THERMOSTAT WE ARE NOW BEING TOLD IT IS THE HEAD GASKET/ CRACKED HEAD.

WE ARE BEING TOLD THAT WE MUST PAY FOR THIS. I BELIEVE THAT 96-99 AND OTHER SUBARUS HAVE NEGLIGENT DEFECTS (I.E. PISTON SLAP) THAT LEADS TO CRACKED HEADS AND BLOWN HEAD GASKETS. SUBARUS DENIAL OF THIS PROBLEM IS OUTRAGEOUS, AND NOW IT IS TIME TO PAY.

I HAVE CONTACTED A LAWYER AND AM PUTTING TOGETHER A CLASS ACTION LAWSUIT FOR DAMAGES FOR ALL OF THOSE THAT HAVE BEEN AFFECTED BY SUBARUS NEGLIGENCE. IF YOU ARE INTERESTED IN JOINING THIS EFFORT TO BRING SUBARU OWNERS JUSTICE, PLEASE EMAIL CONTACT INFO TO RIEXECUTIVE@HOTMAIL.COM.

SINCERELY,
RICHARD HILL
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Old 01-11-2005, 08:07 PM   #2
adeliciouspizza
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hey.. psst!

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Old 01-11-2005, 08:17 PM   #3
tora
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It's happened to me twice and both times was covered. No complaint here.
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Old 01-11-2005, 08:51 PM   #4
subiekid
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Quote:
Originally Posted by tora
It's happened to me twice and both times was covered. No complaint here.
You had a 98 that was covered?
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Old 01-11-2005, 09:15 PM   #5
BryanH
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you might want to post this up in the 2.5 N/A forum as well.
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Old 01-11-2005, 11:22 PM   #6
tora
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Quote:
Originally Posted by subiekid
You had a 98 that was covered?
I had a '98 2.5RS with about 79,000kms...48,000miles....approximately. Unfortunately prior to getting it fixes I bought a new radiator, and a few coolant fluses. I sold the car shortly after and bought an '01 Legacy, it now has about the same mileage as I had on my 2.5RS, and just had the head gaskets replaced on it under warranty. On my 2.5Rs I had the block replaced.
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Old 01-12-2005, 01:00 AM   #7
BJamerican
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How will there possibly be a class action suit when 99% of the failures reported happened well after the manufacturer's warranty? I have not heard of any headgasket claims that were denied under the original 5 year/60,000 mile warranty. If they were denying legitimate warranty claims, it would be different. You can't sue Subaru for not providing a lifetime warranty on your car. This is ridiculous considering that the cars affected were built 6-9 years ago!

Yes, many people are upset, but Subaru did fulfill their obligations in most cases. This is not a saftely issue, and there is no reason for a recall 9 years after the fact. Following your logic, General Motors should be forced to go back and repair every unreliable car they have sold throughout the 1990s free of charge.
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Old 01-12-2005, 01:09 AM   #8
BJamerican
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People are so eager to sue, it's sickening. I just did a search for lawsuit, and came up with over 20 pages of people threatening to sue over headgaskets, ABS brakes, transmission failure (mostly after performance mods ), and so on.

Here is what happened to the last idiot who wasted Subaru's time with a lawsuit:
Quote:
June 18, 2004 03:17 PM US Eastern Timezone

Lemon Law Plaintiff to Pay Subaru $75K in WRX Warranty Dispute

SAN JOSE, Calif.--(BUSINESS WIRE)--June 18, 2004--On Monday, a Santa Clara County Superior Court judge awarded $75,000 in attorney's fees to Subaru of America, Inc. under California's Consumer Legal Remedies Act. In awarding the attorney's fees the court found the evidence was overwhelming the plaintiff had attempted to defraud Subaru in bringing the action, and plaintiff's attorneys had an obligation to and should have determined that either when they filed the suit or during investigation and discovery.

The case involving an allegation of a defective transmission in a 2002 Subaru Impreza WRX was brought under the Song-Beverly Consumer Warranty Act and the CLRA. The court further found that because of their conduct in litigating the case, the plaintiff's attorneys had caused Subaru of America, Inc. to incur unnecessary attorney's fees of at least double the amount defense of the breach of warranty case should have cost. The court's award of the $75,000 represented the amount over what the court estimated were reasonable attorney's fees for defending the case.

Mendez v. Subaru of America, Inc. (Case No. 1-02-CV808407).

Plaintiff was represented by the Kinsey Consumer Law Center, Soquel, California;

Subaru of America, Inc was represented by Barbara J. Frischholz, Bowman and Brooke LLP, San Jose California.

Contacts:
Bowman and Brooke LLP
Amanda Walsh, 612-672-3248
Amanda.walsh@bowmanandbrooke.com

Last edited by BJamerican; 01-12-2005 at 01:18 AM. Reason: spelling
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Old 01-12-2005, 01:16 AM   #9
gtwagon941
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Owned!
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Old 01-12-2005, 06:17 AM   #10
Perdue
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Ownage!!
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Old 01-12-2005, 10:11 AM   #11
sha_zapple
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How is piston slap a negligent defect? I thought that the headgaskets were just bad, and had nothing to do with anything else?
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Old 01-12-2005, 11:36 AM   #12
fibuz
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hahah, -75k for a 30k car(and even worse a ~2k transmission)...classic. I bet that was WAYYYY worth it.

Although I think it sucks that the headgaskets go out so much, and SOA should warranty the gaskets to 100k for everyone, a class action lawsuit is a waste of time and effort...especially with 'high mileage' vehicals.

fibuz
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Old 01-12-2005, 11:59 AM   #13
BJamerican
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Quote:
Originally Posted by fibuz
hahah, -75k for a 30k car(and even worse a ~2k transmission)...classic. I bet that was WAYYYY worth it.

Although I think it sucks that the headgaskets go out so much, and SOA should warranty the gaskets to 100k for everyone, a class action lawsuit is a waste of time and effort...especially with 'high mileage' vehicals.

fibuz
I don't know if you're aware, but Subaru did extend the warranty on the head gaskets to 100,000 miles if you have a dealer add the coolant conditioner to your coolant. It's free, and they will put a sticker under your hood with the date the conditioner was added. This is VERY generous on Subaru's part to extend the warranty by 40,000 miles.
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Old 01-12-2005, 12:04 PM   #14
Kraziken
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Quote:
Originally Posted by BJamerican
I don't know if you're aware, but Subaru did extend the warranty on the head gaskets to 100,000 miles if you have a dealer add the coolant conditioner to your coolant. It's free, and they will put a sticker under your hood with the date the conditioner was added. This is VERY generous on Subaru's part to extend the warranty by 40,000 miles.

Of all the headgasket discussions, I have never heard of this.

I thought it was due to the design of the gaskets themselves. My local Subie mechanic (smart service) who did my head gaskets, said he has not seen a failure with the new style gaskets.

Although the cars are covered and usually fail past the warranty, I do think SOA should have had a recall and replaced all the original gaskets.

I'm sure an analyst somewhere determined the cost of a recall versus any lawsuit would favor not doing anything and paying any successful lawsuit, aka Fight club.
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Old 01-12-2005, 12:19 PM   #15
BJamerican
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Quote:
Originally Posted by Kraziken
Of all the headgasket discussions, I have never heard of this.
If your car is covered under this warranty extension, you should have received a letter in the mail from SOA. I know my dad received one about a year ago for his 2000 Outback Sedan.

There is no way Subaru would lose to a lawsuit like this. SOA is already doing more than they are required to do by extending the warranty.

Click here.
http://forums.nasioc.com/forums/show...et+conditioner
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Old 01-12-2005, 02:23 PM   #16
fibuz
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Quote:
Originally Posted by BJamerican
If your car is covered under this warranty extension, you should have received a letter in the mail from SOA. I know my dad received one about a year ago for his 2000 Outback Sedan.

There is no way Subaru would lose to a lawsuit like this. SOA is already doing more than they are required to do by extending the warranty.

Click here.
http://forums.nasioc.com/forums/show...et+conditioner
This is for SOHC only, not DOHC...so like I said, warranty for everyone, which they did not do. So, 00+ is covered, but they left 99- out to dry...it'd be nice if they covered the DOHC's to 100k too.

fibuz
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Old 01-12-2005, 02:54 PM   #17
outback_97
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So tired of explaining the Phase 1 / Phase 2 difference to people, I updated my little page here:

http://users.sisna.com/ignatius/subaru/headgasket.html

Cliff's notes: Many links to HG threads, mostly specific to '96-'99, explanation of the different modes of failure (Phase 1 = '96 - '99 and internal leak, Phase 2 = '00 on up and external leak)

Feedback is welcome. Feel free to point people to this every time the HG issue comes up if you feel it link-worthy.

Steve
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Old 01-12-2005, 03:00 PM   #18
fibuz
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Quote:
Originally Posted by outback_97
So tired of explaining the Phase 1 / Phase 2 difference to people, I updated my little page here:

http://users.sisna.com/ignatius/subaru/headgasket.html

Cliff's notes: Many links to HG threads, mostly specific to '96-'99, explanation of the different modes of failure (Phase 1 = '96 - '99 and internal leak, Phase 2 = '00 on up and external leak)

Feedback is welcome. Feel free to point people to this every time the HG issue comes up if you feel it link-worthy.

Steve
thats the spirit!
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Old 01-12-2005, 05:38 PM   #19
nomake_wan
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I love people who sue over ABS brakes. Love them! You know why? They sue because they couldn't stop in time and maintain that the ABS brakes are at fault since they could've stopped in time with standard brakes. The reason? These people pump the ABS brakes like they would standard brakes rather than slamming the pedal like they're supposed to with ABS. Gotta love idiots.
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Old 01-12-2005, 07:37 PM   #20
subysouth
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Quote:
Originally Posted by nomake_wan
I love people who sue over ABS brakes. Love them! You know why? They sue because they couldn't stop in time and maintain that the ABS brakes are at fault since they could've stopped in time with standard brakes. The reason? These people pump the ABS brakes like they would standard brakes rather than slamming the pedal like they're supposed to with ABS. Gotta love idiots.
Or like most cases, ABS or not they werent looking and couldnt stop in time.

ss
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Old 01-12-2005, 11:20 PM   #21
nomake_wan
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This is true. XD I was referring to those idiots that at least had their eyes on the road. But you're absolutely right; those that say ABS should've magically saved them from hitting something they didn't see are in the same category.
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Old 01-12-2005, 11:47 PM   #22
sha_zapple
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IMO ABS is crap for braking, threshold braking seems to work better. What it is good for is keeping your wheels from locking and losing control.
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Old 01-13-2005, 12:18 AM   #23
NiTRoN
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all I have to say.. is

"RTFM"

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