2002 C240 Engine Sludge
My mechanic contacted the warranty company. He told them about the white smoke coming from my car and they agreed to come back out to take alook but he has to tear down the engine.
He said that those *%& (choice words) at the dealership did not mention to him that I had white smoke coming out of the car. Rather that I came in for my check engine light, not accelerating and a leak.
Of course they had to try to justify why the all of sudden came up with issues with my transmisiion and power steering pump when they shouldnt have been snoopng.
Go freakin figure. Anywho lets keep our fingers crossed that they will see this as a mechanical failure and pay for the head gasket, seals, valves and guides.
Will keep you posted on my saga.
Nicki
The warranty company sent out their adjuster but they have agreed to cover the power steering pump but nothing with the engine.
I spoke to the claims dept and they are citing that the mechanic did not "demonstrate failure and also due to engine sludge as the problem."
My mechanic is reporting that engine sludge was not the issue for the white smoke given there was no damage to my camshaft and my car never overheated. Also the oil was coming out of the guides suggesting problems with valve cover and seals (right?).
I am requesting they send me the claim denial in writing. I want to pursue this legally but dont have the money to pay for a lawyer since that money could go towards paying to get my car fixed.
Does anyone have any cheap recommendations on how to nudge them to accept my claim?
I was thinking the better business bureau or do we have some legal entity that regulates warranty adherence?
I am so tired of the little man getting screwed at the expense of big business! As we can see it IS the little man that makes the world go round.
Thanks for any advice!!!!!
Nicki
Once you get that, then BBB and probably the Florida Attorney General are good steps. But most likely, the only way you'll get any satisfaction is to file a case in small claims court. There won't be enough money at issue for any attorney to bother with it, unless you're willing to pay the attorney by the hour...at which point your legal bill will very quickly exceed your engine rebuilding bill. You're hoping that the warranty company will get served with the summons in a small claims case, and figure that by the time they pay their own attorney to deal with it, they might as well just pay out on your claim.
In Florida, there is a $5,000 maximum in each case. Here is a link to the Dade County small claims court:
http://www.miami-dadeclerk.com/dadecoc/Small_Claims.asp
Here is a link to a PDF on how to navigate the Small Claims Court:
http://www.miami-dadeclerk.com/dadec...s-Brochure.pdf
Dade County is also good enough to include a fillable PDF Statement of Claim form:
http://www.miami-dadeclerk.com/dadec...laim-05-06.pdf
You'll probably need to check "Other" and explain that your case is essentially a claim for breach of contract by the warranty company. Small Claims Court and the judges that preside are used to dealing with non-attorneys, so it shouldn't be too intimidating for you. The entire process is geared toward smaller disputes that don't necessitate experienced attorneys for either side. Good luck.
The warranty company sent out their adjuster but they have agreed to cover the power steering pump but nothing with the engine.
I spoke to the claims dept and they are citing that the mechanic did not "demonstrate failure and also due to engine sludge as the problem."
My mechanic is reporting that engine sludge was not the issue for the white smoke given there was no damage to my camshaft and my car never overheated. Also the oil was coming out of the guides suggesting problems with valve cover and seals (right?).
I am requesting they send me the claim denial in writing. I want to pursue this legally but dont have the money to pay for a lawyer since that money could go towards paying to get my car fixed.
Does anyone have any cheap recommendations on how to nudge them to accept my claim?
I was thinking the better business bureau or do we have some legal entity that regulates warranty adherence?
I am so tired of the little man getting screwed at the expense of big business! As we can see it IS the little man that makes the world go round.
Thanks for any advice!!!!!
Nicki
The BBB is just a toothless dog. You can complain to them but all they do is post an open complaint on their web site and send a letter to the offending party. I wouldn't waste my time there.
With regards to an attorney, I don't know how much they offer in this sort of case but, in my line of work I keep Pre-Paid Legal (google them) on my side. I think I pay about $15 per month to have a national law firm on "retainer" for me. They do some basic services for free and offer discounts for others. And, no, I don't have any affiliation with them accept as a customer.
Good luck with this one. I feel for you.

The BBB is just a toothless dog. You can complain to them but all they do is post an open complaint on their web site and send a letter to the offending party. I wouldn't waste my time there.
With regards to an attorney, I don't know how much they offer in this sort of case but, in my line of work I keep Pre-Paid Legal (google them) on my side. I think I pay about $15 per month to have a national law firm on "retainer" for me. They do some basic services for free and offer discounts for others. And, no, I don't have any affiliation with them accept as a customer.
Good luck with this one. I feel for you.
+1 for prepaid legal. However, that won't help you now. I would just do small claims court. To prove there is no sludge, your mechanic should take pics during tear down.
E

The valve guide oil leak is almost certainly hardened stem seals. (a mechanical failure)
Listen to Ed - get pics.
Either way the failure is mechanical & has nothing to do with violation of terms of the warrantee. Take no nonesense with these sharks ---- I wanted to use more appropriate wording
Last edited by Glyn M Ruck; Feb 23, 2009 at 03:37 PM.

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My 240 does too many short trips and there is not a hint of mayonaise under the cap.
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I am going to followup with the suggestions for a sludge analysis and file a claim for breach of contract in small claims court.
Guys thanks SOOOO very much for your help in this process.
Nicki











