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Update on 996tt that caught fire and burned

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Old 07-16-2008, 08:59 PM
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dave1200
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Default Update on 996tt that caught fire and burned

Since this will all be public information I thought I would update everyone here about my 2003 996tt that burned up Last Oct in Charlotte NC.

Complete story:

The car was purchased from Hendrick Porsche Located in Charlotte NC in April of 2007 with 30k some odd miles on it.

The car had the 2 major services in 2 months. The first time was a new transmission, the second time was for new clutch. (cant figure out why, as a clutch replacement should have been mandatory with a new tranny).

Here is my official statement, which is part of the lawsuit to be filed early next week. I have marked out personal names though. No need , yet , to disclose those.

On 9/28/2007 I attended the private track event at CMP that was organized by XXX. I had a fairly uneventful day until my run just before lunchtime.

On my last session, coming out of turn 12 at the apex, my power steering assist stopped working and sent me into a drift. I was able to recover, never leaving the track. At which point I came into the paddock area.

I spoke to XXX and he went and got XXX (your service technician) to look at the car. The power steering was not working, and was making an intermittent whining noise. I asked XXX who to call to have it towed in. He and XXX Both said to put a small amount of petosion in, which XXX and I did, then drive it around the paddock area at “Full Lock”. The problem did not get any better.

XXX then called in to your store to find out when the power steering pump could be replaced, and I was told to drive it right in. I asked again to both XXX and XXX to make sure it was ok to drive. XXX told me that yes; the worst that could happen on the pump completely fail but could still drive the car.

So I left for Hendrick to bring the car in. About 5 miles out on 521 the car started smoking, then a loud whining noise, then loud bang. I went to pull over immediately, but the clutch would not engage (hard as a rock). I saw flames and exited the car and ran up the road about 300 feet and called 911.
---------

Facts:

1.This car has only been serviced by Hendrick Porsche Since I have owned it.
2.This car has been in for service several times, with 2 times the engine was removed from this car. I am certain that any TSB’s should have been addressed at that time also if one was outstanding.
3. The dealer service team was at the track event and at no time disclose they were not there representing Hendrick Porsche or were not there in an unofficial capacity. I was under the impression this was a sanctioned event by Hendrick Porsche, as your Service Manager organized it and I was invited by him when I visited your dealership. If that is not enough, when XXX called into the dealer on my behalf and was told to drive the car in and your staff and they would be waiting for me when I got there. Furthermore, they assured me the car was safe to drive, when this is a known technical issue.
4.My insurance company had 2 findings. The fire was a result of the TSB bulletin that went out regarding the power steering high pressure line, or the service tech who last serviced the car. Since the TSB was taken car of, the fault of the fire is obviously the fault of the technician.
5. The fire did not happen at the track, it happend in a public road.

My offical request was to have my service dollars refunded, as insurance does not cover those expenses, and I spent over $20k in service and upgrades in the 5 months I owned the car. The request was declined by Hendrick.

Hendrick's Official position is that they have no liability, and have declined any claims. They are self insured.

We are filing the suit Next week. Im sure it will get messy, but I am sticking it out.

Beware of Hendrick Porsche guys... Thats all I have to say.
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Old 07-16-2008, 09:58 PM
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KRA993tt
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Sorry about your car, but why are you posting this on the 911 forum?
Old 07-16-2008, 10:04 PM
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dave1200
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sorry, my mistake, I thought I was in the 996tt forum. Mod can you please move?
Old 07-16-2008, 10:11 PM
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Ed Hughes
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Sorry to see the loss. But, I've got a question, and I'm not taking one side or the other: What are you sueing for, some kind of negligence on their part for counseling you to go ahead and drive the car or for replacement as they didn't diagnose a serious issue?

It would seem that they (and Porsche) would counter that any track usage would void any warranty, implied or otherwise?
Old 07-16-2008, 11:16 PM
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dave1200
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Several Liability Issues. Ill post the actual suit when we file it.

.

Last edited by dave1200; 07-16-2008 at 11:49 PM.
Old 07-16-2008, 11:25 PM
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Chris M.
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Is the third picture of the car now or is that a new one?
Old 07-16-2008, 11:28 PM
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Amber Gramps
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It looks like he changed to RUF wheels for the fire pictures.
Old 07-16-2008, 11:47 PM
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dave1200
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last pic of the car was before the fire. The wheels in the fire were stocks for the track.
Old 07-17-2008, 12:59 AM
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Germancar90
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That must have killed you to sit there and watch your car burn up. I am very sorry, and i wish the best of luck to you.
Old 07-17-2008, 03:25 AM
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rnln
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So that all of us, porsche guys, can beware of Hendrick Porsche

Originally Posted by KRA993tt
Sorry about your car, but why are you posting this on the 911 forum?
Old 07-17-2008, 12:41 PM
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adam_
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Originally Posted by Ed Hughes

It would seem that they (and Porsche) would counter that any track usage would void any warranty, implied or otherwise?
There is this continuing misconception that 'track use voids warranties'.

Legally it doesn't, despite what Porsche may say. (And before people post stories of how Porsche refused to cover repairs once they discovered track use, there is a difference between Porsche's policies and actions as compared to their legal rights. Most people never legally test Porsche's assertions of 'track will void warranty'/)

In this case it will be up to the courts to decide if the track use had any bearing whatsoever on this matter.

I don't know, but I suspect in this case that the proximate cause of his loss was either a) their work, or failure to perform work, prior to tracking; or b) their recommendation to operate the car with a power steering fluid leak.

Should be interesting....

GL

A
Old 07-17-2008, 01:34 PM
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KRA993tt
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Originally Posted by rnln
So that all of us, porsche guys, can beware of Hendrick Porsche
Ah right.......
Old 07-17-2008, 01:34 PM
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slant911
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Damn sad to see. I remember you posting these pics right after it happened.

GL with the lawsuit. Those kind of things are never fun and at the end rarely turn out to be COMPLETE wins.
Old 07-17-2008, 01:53 PM
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mpclimber
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The warranty has nothing to do with this claim. This is not a warranty claim, this is a lawsuit over whether or not the dealer acted negligently. The elements of simple negligence are: duty, breach, causation and harm.
The real issue here, is whether, by virtue of servicing your car and instructing you to drive it, they owed you a duty, and whether their advice met the standard of care owed to you.
Old 07-17-2008, 07:55 PM
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manny_g
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whats the status with your insurance...have they paid you for the car. is this a joint lawsuit, you and your insurance company, against the dealership..

hope everything works for you in the end. it sure was a beaut of a car.


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