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Professional needed for 2004 Rx-8 (legal help needed)

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Old 02-18-2013, 09:05 PM
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Professional needed for 2004 Rx-8 (legal help needed)

I've had my 04 Rx-8 for about a year and a half and have never had any mechanical issues with it at all. The car now has 40K miles on it and is an automatic. This is my first rotary and I now see why it's such an amazing car.

I've educated myself as to the correct operations of the vehicle, proper start up/shut down, and everything else. It's garage kept, I don't ever turn it off unless its up to temp or has been driven for at least 15 minutes, and have never EVER flooded the motor. This car has ran flawlessly.

All of this said, I was in an accident last month where someone American in my lane and hit me sideways into another oncoming car. There was no head on collision, the damage looks like I tried parking my car in a garage too small for the sides of my car. During the impact, both front rims were damages and it messed up the alignment.

After the accident, I drove the car to see how she was reacting and the motor started shaking pretty bad at a stop when in drive. And after the Mazda body shop repaired all of the damage they took it to check the motor because I noted all of these issues when I sent it in. From the impact they found that the motor was flooded, 2 broken motor mounts, and 1 dead coil.

(The lady who hit me) her insurance is now telling me that there is no link between the accident and the damage to the motor but my car had never acted this way before the accident. Now the car won't get off the line hardly at all and shakes like crazy.

After contacting an attorney, I have been informed that I need to find professionals that know this car and can link the two.

I know that these cars are known for going through coils and mounts but like I said. My car was perfect before the accident.

Please help a fellow 8
Old 02-18-2013, 09:09 PM
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Might be able to get the motor mount covered but broken motor mounts are a dime a dozen ... flooding was likely the result of quick shop moves post accident and your bad coil is just that, a bad coil... normal wear item.
Old 02-18-2013, 09:18 PM
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What's weird is that the car took off quick before and never shook. The accident happened, magically, car shakes and is very sluggish so I stopped driving it the next day
Old 02-18-2013, 10:35 PM
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Like Shelldude said, the motor mounts were broken in the accident. Have them cover that. The body shop flooded it...take that up with them. If a coil is physically broken, that could be pinned on the accident, but otherwise they can fail randomly at any time.

If it were me, at this point I'd take it to a good dealer for diagnosis. Where you at? Someone here might be able to point to one.

Ken
Old 02-18-2013, 10:46 PM
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Original coils and engine mounts from 2004 are questionable at the 40k mile mark, and the forces of an accident will take any questionable part, and break it, every time.

It doesn't matter that you're car was running perfectly before the accident, its broken now. Spend the $200 on new ignition wires, coils, and plugs, and several hundred more on new engine mounts, and let that be the end of it.

It's going to cost you a heck of a lot more to get a lawyer to push the issue, and you won't win this argument, no matter what. Your car still won't be fixed, and you will still have to pay for these parts.

BC.
Old 02-19-2013, 12:46 AM
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Also, if it's just one coil, this defect is hardly (if at all) noticable while daily driving, so it might very well be it was broken before and you only found out because it has been checked.
Old 02-19-2013, 06:43 AM
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I'm in Canton Ohio, the car is at a Mazda dealership that's quite knowledgeable about the Rx-8. I called a few first to see what their techs knew and how long they had been working on the before I sent it in.
They've told me that all 4 coils should be replaced, not just the one that broke, they're $80 each unless you recommend anywhere else to get them. And the motor mounts are $180 each.
Both the shop and my lawyer don't see why I should pay for parts or repairs that the wear was exaggerated to the point of breaking due to the accident.
Old 02-19-2013, 07:28 AM
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You are going to have serious trouble getting an insurance company to pay you for the wear items (ignition). The motor mounts should be easily able to get covered due to the accident.

Chances are that you had failing coils anyway (especially the first few revisions, which the 2004s got the very first revision, fail by around 30,000 miles). If "one coil" is failed far enough for it to fail the dealer official test, then it has actually been dying for quite a while. I'd lay money that your other coils are dying as well. The flooding was from the bodyshop and the dying coils.

Just insist on the motor mounts being covered, take the car back and pay the ~$200 to order all new ignition from an auto-parts store and replace it all yourself. Trying to claim the ignition too is like trying to claim that worn out brake pads snapped during the accident. There isn't an residual value there to cover, because they were already dying.
Old 02-19-2013, 10:08 AM
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Originally Posted by Mykewl82
Both the shop and my lawyer don't see why I should pay for parts or repairs that the wear was exaggerated to the point of breaking due to the accident.
maybe your lawyer should call the insurance company...
Old 02-19-2013, 06:25 PM
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ok first off. why did you motor mounts break?

are the metal brackets that mount to the rails and crossmember snapped off?
is the rubber torn?
are the bolts and mounts torn out of either motor or frame rails?
is were the mount attaches to the motor broken off?

also is there any rust? dry rot rubber etc that would have the mount in bad condition already.

thats first.

second unless the mounts were already broken and you didnt know, or if they where already rusted / damaged / loose / drt rotted already.

there is almost no way the impact u described would cause that.hitting a pothole is a more severe impact on your suspension / motor mount area than a side impact is.

coils are wear items i would not even mention them, you will only make yourself look worse for lack of proper care. because remeber if you go to court the insurance will also know all about the maintenance etc that should have been done on your car.

i work at a body shop and deal with insurance all the time and unfortunately i know both sides of the story.

most likly your car had prior issuesyou where unaware of, and the accident and now you are worried and paying attention more all seem to arrise at the same time, so to you it seems all realated but in reality it is a combination of ignorance, coincidence and the accident all causeing this to come to a head at once.

long sotry short im not calling you a liar or even said it didnt happen in the accident it could have, but in all lily hood probaly not.

i wish u luck
Old 02-19-2013, 07:25 PM
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Mazda service shop said there is no physical damage to the outside of the mounts, that they broke on the inside. As far as the shaking I was serviced right before the accident and I had the computer flashed to the new programming according to the recall that was never updated on my ECM. The shopped noted that they never naw a 2004 that ran as smooth as mine especially with only 40K miles on it. Once I involved a lawyer the insurance company has changed their story on the cause of the damage. So I appreciate everyone's advice especially the ones who have some experience but the history of my car proved me right.

I didn't break my car, I'm not paying to fix it. I know my car, you know yours. I didn't hit a pot hole. I got hit by a Cadillac and an SUV.

Thanks everyone else.

Mod edit: inappropriate language removed. No need to throw personal insults.

Last edited by RIWWP; 02-19-2013 at 08:00 PM.
Old 02-19-2013, 07:52 PM
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Once I involved a lawyer the insurance company has changed their story on the cause of the damage.
Amazing how that works. Let us know how things work out when it's all settled.

Ken
Old 02-19-2013, 10:53 PM
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broke inside? these mounts always broke inside

now u got ur free repair when u should pay out of your pocket. considered urself lucky cuz no one @ the insurance side knows rx8 well
Old 02-20-2013, 05:19 AM
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Originally Posted by nycgps
broke inside? these mounts always broke inside

now u got ur free repair when u should pay out of your pocket. considered urself lucky cuz no one @ the insurance side knows rx8 well
thats not true dont underestimate insurance, and if they broke on the inside you are getting a gift they are covering it, thats wear and tear and just bad maintenence not from the accident.

But gratz on getting it covered
Old 02-20-2013, 07:47 AM
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The mounts and coils were working before the accident, and they weren't afterwards. So they broke in the accident. Maybe they're wear parts that were going to evenutally break, but that does not change the fact that the accident finished them off.

If someone is killed in an accident, can an insurance company refuse to pay on the grounds that people are mortal and the person was going to eventually die anyway?

Ken
Old 02-20-2013, 05:35 PM
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Originally Posted by ken-x8
The mounts and coils were working before the accident, and they weren't afterwards. So they broke in the accident. Maybe they're wear parts that were going to evenutally break, but that does not change the fact that the accident finished them off.

If someone is killed in an accident, can an insurance company refuse to pay on the grounds that people are mortal and the person was going to eventually die anyway?

Ken
ok im not arguing this anymore i work in a body shop and i am a estimator and i write for multiple big name insurances and i see this all the time,

so you can trust me or doubt me i dont care, i see how these exact situations turn out everyday, not saying i argee or its right but it is how it goes
Old 02-20-2013, 07:08 PM
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Her insurance company can always invoke a betterment adjustment if they think that's appropriate.

Ken
Old 02-21-2013, 08:08 AM
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I agree with you. It is how it is. This is how the insurance companies view it and try to avoid responsibility. Their report actually said that there was no physical damage to the mounts or coils, so it's not related.

When we were talking to them they were surprised when I said its a good thing that their is no physical damage. If the SUV would have hit my motor mount I'd probably be dead.

I asked "what happens when someone is in an accident and has internal bleeding?" Do you guys just deny it and say well they look good on the outside, the internal bleeding must have happened before the accident.

They stated, that's different. The jolt caused the body harm from the sudden impact.

I'm seriously giving a look like. Wow you are too stupid to even insult. Lol
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