PRADO TD CV JOINTS & FRONT DIFF'S

Hi copey....

Regarding warranty, the fitment of aftermarket accessories or
enhancements does not in itself void manufacturer's
warranty. Owners who choose to enhance their vehicles whilst still
under manufacturer's warranty do so at their own risk; but are covered by legislation under the Federal Trade Practices Act.

If a modification can be proven to be the singular cause of a failure, only then can a manufacturer legally refuse a claim.

I don't know where you go from this point, other than maybe talking with your state's motoring organisation (NRMA, RACV, etc).

Savvas,

Thanks for your comments, the fact that I had fitted aftermarket suspension in my opinion improves the handling and carrying capacity no end. I think Toyota know that the standard suspension has been designed for 90% of owners who drive around cities.

I have already emailed the RACV, asking for their comments and any advice they would care to give....no reply to date.

Cheers

copey

Copey
itake it that you are in victoria based on the fact that you contacted racv
i found that by contacting the ministry of fair trading here in wa that if you complaint against the company in question is valid they will take it up in your behalf on several occatsions i have contacted them with excelant results so it might be worth contacting the apropriate deptment in your state
Regards Bruce

Copey,

Just thinking through the failure itself. The 50mm lift may have contributed to the CV failure, but I would expect you would detect signs of wear before the failure. Such as undue noise, etc.

However, the spider gear failure doesn't seem to me that it could have been caused by the CV failure. If it was, that would only be possible if the axle shaft wasn't properly retained in the first place causing undue sideways loads on the spider gear. Thsi would be Toyota's problem then.

But how about this scenario...the spider gears were faulty in the first instance. When the teeth broke off, the failure momentarily jammed the axle shaft causing the CV to fail as it had an opposing load on it generated by the rotation of the wheel and tyre.

What this all means is that the suspension lift can no longer be proven as the singular cause of the problem.

What I think you need to do is follow this through with the RACV and get their view in writing that this is a possibility or even a likely cause of failure. Then take it up with the "fair trading" department in VIC.

I do know of one guy that had chronic electrical problems with a Pajero Exceed for 2 years. He took it to the Dept of Fair Trading in NSW and Mitsubishi were ordered to rectify or refund the purchase price of the car. He got his cash back and bought a Rodeo dual cab.

Hope this helps....Good luck.

Shoulda got a Patrol.... only kidding!
Sorry to hear about your bad luck- you must be fuming.
I think B4 the dust settles too much you need to be proactive- go higher- not just your local dealer.
Talk to consumer affairs, and I believe a bit of (bad) publicity - threatened or otherwise- can sway their point of view.
Finally as a last resort try to get them to go 50/50 or similar.
I think also there's a message here for others considering mods during warranty.
My neighbour had a claim on his Lexus which was initially knocked back, but after the thumb screws were tightened a bit they came to the party.
Good Luck- be interested to hear of the final outcome.
Some have always said warrantys weren't worth the paper they were printed on..............

Hey copey

Read with interest. I am a lawyer but don't practise negligence stuff anymore - but it seems to me it is not your fault and either Toyota or OME are to blame. Prado's don't just bust CV's or spider gears, mine hasn't. So it could work well to play one off against the other - detailed letter copied to both accusing each other of their negligence causing your loss and damage, make sure you keep a copy, seeking responses within say 7 seven days or you will seek legal remedy. In the meanwhile, proceed with the RACV plan. Naturally OME will say their product has been tested and is safe and there have been no reports from the thousands or so units installed of causing spider gear and CV breakages which then puts an interesting spotlight on Toyota. You then copy each other's resonse to each other demanding further response to each other's response within say 7 days then you will have a very clear idea i think of who and why which one is responsible.

Good luck, let us know how it goes.