NikonJeff
03-26-2004, 10:18 AM
This is my first post to the new board. I honestly can say I'm not a big fan of it.
But for those of you that remember my earlier posts about my synchro failure on my 6spd tranny and all the BS that Penn Warranty was putting me through... I received a letter yesterday from an independent mediator that had been assigned my case. Unlike most folks, I didn't give up after the first (2) denials from them. I asked for a mediator before I turned it over to the NYS attorney generals office.
Here is the last few paragraphs of the letter I received from the mediator:
"The claimant indicates that he was not abusive in the manner in which he used his vehicle. The statement from the repair facility indicates that the independent inspector's conclusion with regard to the cause of the damage to the claimant's vehicle is incorrect. Instead, the repair facility indicates that the claimant was not abusive in his shifting of the vehicle. The repair facility also indicates that the damage to the claimant's transmission resulted from the failure of the teeth on the first gear sychronizer ring, due to time and miles. The statement from the repair facility also indicates that if the independent inspector were correct, the synchro ring would have been worn. That specific component was completely intact. Therefore it would have been impossible for the damage to the claimant's vehicle to have resulted from improper shifting. The opinion is also shared by a statement offered from Aamco Transmission. The report from the independent inspector does not specifically address this factor."
"The claimant has submitted persuasive evidence to contradict the conclusion of the independent inspector. The claimant is therefore entitled to receive reimbursement in accordance with the terms and conditions of the warranty contract for the component failure."
"It is for the above reasons that I find in favor of the claimant, Jeffrey Guntert, and against the Penn Warranty Corporation on this claim.
So I'm just waiting to see how much they offer me as a settlement vs what my out of pocket expenses ($2400) were before I accept it...
Guess persistence does pay off....
Jeff :D
But for those of you that remember my earlier posts about my synchro failure on my 6spd tranny and all the BS that Penn Warranty was putting me through... I received a letter yesterday from an independent mediator that had been assigned my case. Unlike most folks, I didn't give up after the first (2) denials from them. I asked for a mediator before I turned it over to the NYS attorney generals office.
Here is the last few paragraphs of the letter I received from the mediator:
"The claimant indicates that he was not abusive in the manner in which he used his vehicle. The statement from the repair facility indicates that the independent inspector's conclusion with regard to the cause of the damage to the claimant's vehicle is incorrect. Instead, the repair facility indicates that the claimant was not abusive in his shifting of the vehicle. The repair facility also indicates that the damage to the claimant's transmission resulted from the failure of the teeth on the first gear sychronizer ring, due to time and miles. The statement from the repair facility also indicates that if the independent inspector were correct, the synchro ring would have been worn. That specific component was completely intact. Therefore it would have been impossible for the damage to the claimant's vehicle to have resulted from improper shifting. The opinion is also shared by a statement offered from Aamco Transmission. The report from the independent inspector does not specifically address this factor."
"The claimant has submitted persuasive evidence to contradict the conclusion of the independent inspector. The claimant is therefore entitled to receive reimbursement in accordance with the terms and conditions of the warranty contract for the component failure."
"It is for the above reasons that I find in favor of the claimant, Jeffrey Guntert, and against the Penn Warranty Corporation on this claim.
So I'm just waiting to see how much they offer me as a settlement vs what my out of pocket expenses ($2400) were before I accept it...
Guess persistence does pay off....
Jeff :D