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Car Talk Columns

November 1998


Dear Tom and Ray:

My Toyota Camry's transmission just failed completely at 76,000 miles. It seems [redtruck.gif] the differential drain plug was only finger-tight when they removed the transmission, and because of that, the fluid had leaked out. There was less than a pint of fluid left when the transmission died. I went to my dealership, which is the only car shop that has serviced the vehicle since I bought it (with the exception of the transmission replacement), and asked them to pay for the cost of the new tranny and tow. They claim that the drain plug must have vibrated loose while I was driving, and that they are not responsible for leaving it loose. My question to you is: If the differential drain plug is tightened to factory specifications, could it vibrate loose under normal driving conditions (no off- road, only city and highway)? Thanks. -- Tom

Ray: No. It's unlikely to vibrate itself loose. At least I've never heard of it happening, and I can't imagine it. If that were a plausible explanation, the country would be filled with irate Camry owners.

Tom: It sounds like they may be responsible for not tightening it all the way. But how are you ever going to prove that?

Ray: The only way to prove it is to check your previous repair orders. If you've had all of your regular, recommended services done at the dealership, you probably have the evidence you need. I'm sure at least one of the scheduled services (the 30,000- or 60,000-mile service) calls for a differential oil change. And many of them call for a differential oil-level check. If you can show that they serviced the differential at, say, 60,000 miles, I think you can make a good case for their negligence.

Tom: Of course, under the circumstances, they may just plead larceny! They may say that they were supposed to change the differential as part of the 60,000- mile service they charged you for, but they didn't do it. That's the equivalent of saying "we're not incompetent; we're just crooks"!

Ray: Check the back of your owner's manual and see which scheduled "services" call for any kind of differential service. Then go through repair bills and see if you can match one up. At that point, I'd ask a lawyer to take a look at it for you, and if the evidence is strong, sue them.

Tom: If the evidence is compelling (if they did charge you for some sort of differential service and you can show that's the only place that serviced the car), they'll probably call their liability insurer and offer to settle. If not, you'll have to decide how much time, effort and money you want to spend going after them. Good luck, Tom.


Wait! Don't buy another car without the mechanic's checklist that's included in Tom and Ray's pamphlet "How to Buy a Great Used Car: Secrets Only Your Mechanic Knows." It will help you get a good used car and avoid the clunkers. To order, send (check or money order) to Ruin, P.O. Box 536475, Orlando, FL 32853-6475. You can also order online.


© 1998 by Tom and Ray Magliozzi and Doug Berman Distributed by King Features Syndicate, Inc.

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