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Discussion Starter · #1 ·
I know this has come up time and time again, with people having problems with brand new evos and the clutch slipping under 5000 miles. I dont want to bring back up an old argument but here is my cliam. I bought a 2011 GSR second hand with about 1500 miles, and my only mods were a front mount and UICP from AMS then at 4000 miles my clutch started to slip, i went into mitsu and they looked over the car and they said the guy before me had installed a "twin plate" clutch before me and i noticed the "slip" simply because it was winter and the cold weather caused this. I dont know anything about clutches so i belived them. The car as of today has a little over 8000 miles on it and still has the same old slip, but much worse. I couldnt take it any more so i took it to a professional shop and i was told that it was stock. Then went back to mitsu and now they are not sure what is in there. I never got a stright answer. The slip form 4000 miles to 8000 has become A LOT worse from one point to the other. They said absolutly 100% they do not cover the clutch. Now i have looked up on the computer and seen no specefics about the clutch being under warrenty nor in the warrenty book the car came with it said nothing about the clutch. My Dad who is in town, said to take them to a small claims court, simply because it does not say specifically in the book that the warrenty does NOT cover the clutch. My reason for thinking this is just a little while ago a women sued Honda in small claims court because her car didnt get the advertised 40mpg and was rewared $10,000. I feel like a judge would simply look at the book and say that it dosent say anything about a clutch not being under warrenty. Or did every thing i just say, seem ridiculous?

Sorry about my rant, but i want something to be done
 

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Discussion Starter · #3 · (Edited)
That's what I'm saying. Its like if I wanted them to replace the tires. But because they told me to drive on it for 4000+ miles, I don't know If anything else is damaged?


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Okay so let me give you some honest, semi-professional advise (i am a law student). Basically, clutches are wear and tear items so how long they last depends on the type of driving that was done with the car. However, what your stating is that the clutch was already slipping even when you purchased the car and got worse around 4000 miles to 8000 miles. Now even though the clutch is a wear and tear item and is not covered under the manufacturer powertrain warranty, it is still possible that the clutch may have been a defective clutch from the manufactered which caused it to not last even 10k miles. If the clutch has begun slipping under 10k miles, which in your case it has, then you have the possibility of claiming that the clutch was defective. However, you must remember that the burden of proof is going to be on you to prove that the clutch was in-fact defective. This is going to be very difficult for you to prove because you purchased the vehicle 2nd hand and it is going to be impossible to show that the previous owner did not drive the car in a negligent manner and abuse the clutch.

You are going to need to have the clutch torn apart and have a professional testify under oath that the clutch was in-fact defective, and not worned out from regular/heavy usage. The law firm that i work at usually pays certified mechanical professionals $400 to testify of their findings. Add this to the price of tearing out the clutch for inspection and the risk you take losing the case and ending up having to pay all the court fee's --- it does not sound like something a reasonable person should do given the fact that you could get a new clutch installed for $1200-$1500.

Hope this helps you out bud!
 

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Discussion Starter · #5 ·
That definitely helps. But what I'm trying to do is keep it to a small claims court. They look at the simple things. The facts are there Or There not I'm not sure if I'm digging my own grave or I should confront them with this tomorrow. I read the warranty book and it says nothing about the clutch being a wearable part. I can't remember even seeing the word clutch in that whole book. This is why I'm confused. No where does it say that the "clutch" is NOT under warranty


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That definitely helps. But what I'm trying to do is keep it to a small claims court. They look at the simple things. The facts are there Or There not I'm not sure if I'm digging my own grave or I should confront them with this tomorrow. I read the warranty book and it says nothing about the clutch being a wearable part. I can't remember even seeing the word clutch in that whole book. This is why I'm confused. No where does it say that the "clutch" is NOT under warranty


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It is "common knowledge" in the automotive world that the clutch is a wear and tear item and therefore does not need to be specified as not being covered under warranty. Similarly to brakes and tires, they are not specified either as not covered under warranty but common knowledge is that they are wear and tear items.

Once again remember, the burden of proof is on you, does not matter if it is small claims court, you still must prove against their attorney that your clutch was defective and not worn-out and your going to find that almost impossible to do because you purchased the car 2nd hand. Their attorney is simply going to tell the judge that you are the 2nd owner of the vehicle and they have no way of knowing what the 1st owner may have done to the clutch or what his driving habits may have been like. In addition, he will state that the vehicle had a front-mount intercooler and other modified parts which add to the reasonable assumption that the previous owner must have abused the car resulting in the early failure of the clutch.

Given these facts, in my honest opinion, i would just replace it myself unless you feel like losing double the money, time and effort of replacing that clutch.
 

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Discussion Starter · #7 ·
Well, That all makes a LOT of sense lol. I agree with what your saying and im most likely chasing a lost cause I'm not saying this to keep on trying to go around the system but nothing is common knowledge. Look at the lady who sued mcdonalds for millions of dollars because her coffee lid didn't say "hot" and she spilled it on her self. In my opinion if it's not in writing I dont know anything and I'm dumb. I'm gonna make some calls tomorrow (one of them being a price quote for a new clutch install lol) and see if I can make any progress. Thanks again for all of your help


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Well, That all makes a LOT of sense lol. I agree with what your saying and im most likely chasing a lost cause I'm not saying this to keep on trying to go around the system but nothing is common knowledge. Look at the lady who sued mcdonalds for millions of dollars because her coffee lid didn't say "hot" and she spilled it on her self. In my opinion if it's not in writing I dont know anything and I'm dumb. I'm gonna make some calls tomorrow (one of them being a price quote for a new clutch install lol) and see if I can make any progress. Thanks again for all of your help


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Sure, you should always get a 2nd opinion. But just for reference, the case of the old lady your citing (Liebeck v. McDonalds) is much more complicated than you could really imagine. The law isnt simply a mechanism that allows for the dumbs to act dumber and get awarded compensation for it. The Liebeck case for example, was not simply about the fact that she spilled hot coffee over herself. As a matter of fact, McDonalds coffee cups do warn customers that they are hot, but this was not what was at question. It was more-so about the severity of the burns that the old lady had. You can google some image results of her burns but i warn you, they are very graphic. The fact of the matter was that McDonalds was serving coffee at such extremely hot temperatures (comparable to the fluid in your radiator), that it caused her 3rd and 4th degree burns. She needed countless skin grafting procedures done. McDonalds had received over 700 complaints from other customers stating that their coffee was overwhelmingly hot and it caused them severe burns. McDonalds chose not to do anything about it until this old lady decided to make an issue of it. It was about McDonalds negligence in this case. Difficult to compare this to your situation, wouldnt you say loll?
 

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Discussion Starter · #9 ·
Hahahaha. I understand what your saying And your right these 2 things arnt really alike. But i was trying to throw in a "stupid" example. Like I said I'm gonna make some calls today and see where I get. I'll let you know


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Hahahaha. I understand what your saying And your right these 2 things arnt really alike. But i was trying to throw in a "stupid" example. Like I said I'm gonna make some calls today and see where I get. I'll let you know


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Alright sounds good, keep us informed :thumbup:
 

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Discussion Starter · #11 ·
So I got a call back from a lady at Mitsu today and she said that it is not covered even with the small amount of miles that were still on the car. I told her that how are you not sure it's a defective part and she pretty much implied that I was racing the car just because it was an Evo and was not defective I told her no where in the warranty book does it say the clutch is not under warranty and she basically implied that it should be common knowledge ... I then asked how many other people have called with the same problem with these many miles on a car and she wouldn't tell me... She wasn't rude but she wasn't happy. I told her that I'm going to take this to a small claims court because this is bullshit. (not how I Said it but you get the point) she didn't seem to care
So I'm gonna do some research tonight and figure out if I'm digging my self a money hole or if it's worth a shot. But in the time being I will most likely be replacing the stock clutch next week. Hopefully I will have some more updates soon


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Owner before you raped your clutch man. Not mitsu's fault, nor is it yours.

A twin plate clutch is in there? Thats aftermarket anyways, why would Mitsu cover that? If he installed a twin disk clutch then he obviously was raping the hell out of the car launching it if the stock one was already gone.
 

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I am pretty sure that the warranty manual specifically mentions clutch wear is not covered... Let me find it and I'll post it here
 

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Discussion Starter · #14 ·
At 4k miles Mitsu told me I had a twin plate clutch In my car. Then I took it to Touge factory and they said it was stock. Then I went back to Mitsu and they pretty much said we screwed up. I have been driving on a slipping clutch for 4k miles.
I looked my manual over pretty good (2011) and didn't find anything where it talks about the clutch. I'm going to go look back at it right now


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Discussion Starter · #16 ·
Well i guess that helps and dosnet help, im still going to do some digging around. If this happend at 12k miles id probally say the hell with it, but because the car was almost brand new and mitsu themselves have told me to ride on a clutch for 4000 miles that was gone maybe im just over reacting about it all and should let it go. Well anyway thank you for pointing this out, cant belive i missed this I would have walked into a trap if i didnt say this wasnt in there lol
 

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Well, driving on a slipping clutch shouldn't do any additional damage (except to the flywheel maybe), so it's not a big problem that you've driven on it for so long.
Also, in the hands of an incompetent driver, these clutches can be destroyed or rapidly worn in just a few hundred miles. There's been many a tale of clutches wearing out in just a few thousand miles and I believe almost all of them are in some way related to the way the car was driven. That's the main risk that comes with buying a used X. I bought my car with 19k miles on the clock and my clutch started slipping the third day I had the car. I got lucky because I bought the car from Carmax and they covered it under their "30 Day Guarantee" that covers everything including wear items.

My advice to you:
Let this go with Mitsu as theres NO WAY they will ever cover this and you'd definitely lose in court. Go get yourself a decent clutch that stronger than stock (think SPEC Stage 3+ or similar) and possibly another flywheel. Then find a reputable shop (sounds like you already have one) and have them do the install. You can never go wrong in upgrading the clutch, since odds are it would have worn out on you eventually and you could use the upgraded unit if you ever plan to mod the car.
 

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Discussion Starter · #18 ·
Well you pretty much hit the nail on the head, one post from Hollywood and i was convinced with the spec 3 i know driving has a lot to do with it, but when you read about these people who have had their clutch go out at 3k miles then watch them put in a new after market one and it last for 10k miles +, but i still want to look into it, but the best advice from it is i should count my losses and be happy i didnt drive over a land mine lol
 
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