Transmission hell... thanks to Kinley's Subaru!

[glassjaw]

A month and a half ago I was driving some less than perfect roads, resulting in a rock contacting the engine and transmission oil pans. I had to get the car towed home, and spent a few hours replacing the oil pan (I have a spare engine... finally came in handy!), and leaving the sealed, but badly bruised transmission pan in place. The towing bill was insane because of the area where the car died, and I simply could not afford to have it towed directly to a dealership. My insurance company paid for this, but I must pay first. For the record, this is my first claim in 6 years of driving.


The transmission was buzzing and slipping, I knew something was hurt. I drove the car to Kinley's Subaru on Lycoming Creek RD, Williamsport for service. They were told to wait for the insurance aduster to come, and then examine the car with this person. They decided to look at the car themselves, and inspect nearly everything on it... telling me I needed new brakes, steering rack, struts, half shafts, and that the damage to the transmission WAS NOT related to the accident, the pump just happened to go bad, and that my 92 Legacy was not worth fixing. I was very upset at this point, because the car was running EXCELLENT before the accident. Not to mention that I replaced the pads and rotors about 3 months ago... they were not in need of service. A few days later the adjuster arrived and did not even bother asking the shop to take the pan off because they said "There is NO WAY this damage is related to the transmission failure." and the adjuster took their word, and deciding the insurance company would not fix the transmission. Then it gets worse...

The rental car I have is also from Kinley's Subaru, so this whole time I am just adding up tons of money on this, with my insurance only paying 80%. I managed to get the insurance company to go back out and look at it with the pan off (I did my homework and contacted three additional dealerships, all stating that if smashed the right was, the pan could be pinching off the filter screen, acting like a bad pump). It took the insurance company over a week to get there the first time, two days late in fact, and an additional week to get them out a second time. I have State Farm, I expect a bit better than this. I had also contacted the insurance company to let them know that I was taking my car to a different Subaru shop. I called Kinley's to let them know that I was coming to pick up my car, and they told me I owed them a $51 "release fee". WTF??? They did NOTHING to my car, I never told them to look at it, and the only thing I got from them was a headache with the insurance when they said my damage was not related to the accident. I told them I was not paying that, and I would be down to pick up my car anyway, using a spare key, I drove the car away. At the next shop, they put the car on the lift and said right away they they have no doubt the filter was crushed, cutting off fluid. They adjuster went to the wrong shop that day, and came back out the next day to the proper shop... great communication in that company! Anyway, the shop was going to drop the pan with the adjuster there, and show him the damage... but when the adjuster came, he said "Don't bother, were are going to deny this, it is not related.", because Kinley's a Subaru dealership said so. Now this is weeks later, and I am still with a rental. I called the insurance company to find all of this out, later that day. On the same call they told me the claim was denied, and that they would not cover ANY bit of my rental past the first week, since it was not related to the accident! I was getting all kinds of pissed off at this point. Not only were they not fixing it, but I "owe" Kinley's for service, and they rental car fee is in the $500 range at this point! I called my father who has had this insurance for many years longer than myself and asked what he thought of this matter. He too became angry and called the local agent, along with myself and wondering why I was being denied my coverage. The agent was saying things like "well, they are out to many money" and "he is a young guy with a higher mile car". Finally we told them that we would be finding new insurance if this did not get checked again, WITH the pan off. They finally agreed to this, and sent a NEW adjuster out, and looked at it with the pan off. Yesterday, they gave the OK for a recycled transmission after looking at it, and seeing that the failure was from the damage. So now, weeks later, I am finally getting my car fixed. The rental was returned days ago, because of the insurance not extending it. I am now without a car to drive, a still large rental bill, $51 that Kinley's will not be getting... weeks of stress, and not one apology. Yesterday, I went to Kinley's to speak with the general manager, and he told me he needed to hear the "other sides" again, and got me rather angry, and he told me to leave the property. This is not a "sides" issue, I am presenting nothing but fact here. He told me they would take me to court over the $51, and I told him to pack a lunch.

What do you guys think of all of this? Who is more at fault here? Do you think I should fight for compensation for things beyond just the money lost?

[AWD_addict]

Sounds like Kinley's and the insurance company are at fault.
A friend of mine is currently going to court to get the proper amount from an insurance company after they undervalued his accident (not his fault). He is seeking thousands beyond the repairs for extra compensation. It has been a huge ordeal for him. Your problem sounds more like a small claims issue at this point, so I'd advise you to try being as nice as possible and avoid courts. Maybe report Kinley's to the better biz buearu? (sp?)

[evolutionmovement]

You have the adjuster and the other dealership as witnesses (as well as the outcome) - I can't see how they stand a chance. They're probably bluffing you. I bet they eat more money than that a day in lack of productivity from the shop alone. Did you get pictures of the dented pans and open transmission? I'd definitely try for that. I would also report Kinleys. F-them, assmonkeys. Maybe they figured you'd buy a new car.

Steve

[legacy92ej22t]

Damn, I could have warned you not to go to Kinley's. They are a bunch of assholes there. A couple of the sales guys are OK but Rod, the head mechanic, is a complete asshole! Everyone I know won't even deal with them anymore. I'd tell them to go fuck off and if they do sue you, I would immediatly counter sue sighting that they were not authorized to touch, let alone look at the car.

W&L Subaru in Northumberland is a much better dealership. They are mod friendly there too. Where did you take it the second time? Williamsport Auto, down the road, that sells used Subaru's?

[evolutionmovement]

That's true - if you never signed a work order specifically mentioning the work done then they never had authorization to touch your car.

Steve

[musketeerracing]

Unfortunately you're dealing with two of the main institutions in society who are accustomed to screwing uninformed clients: mechanics and insurers.

It may take weeks off your lifespan, but if you're ready for it, put the screws to them. You'll need time on your hands unless you want to hire the third group who's accustomed to screwing uninformed clients...


ACP, lawyer.

None of the above constitutes legal advice. I'm not qualified in your jurisdiction, and if I am qualified in your jurisdiction, then I have not reveived any compensation from you. If I have received compensation from you, then it was for something else. Here's some advice: Eat whole wheat bread.

[greg donovan]

have you called SOA?

they dont like hearing things like this. especially now that they are trying to go "upscale."

contact them ASAP.

[jilo860]

did you sign anything at kinley? if not then they dont have any reason to charge you for work done to your car. if you didnt authorize it then they cant charge, period. and they know that. dont let them fuck with you. id say before they can getto you take them to small claims for all the trouble and money they cost you for nothing.

[thefultonhow]

Woah... back from the dead.

[jilo860]

yea i just noticed i didnt check the date...... oh well