"very Serious My Acura Almost Killed Me"

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Old 12-03-2002, 05:15 PM
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Damn!!!

I've been out all day and just read this.

First off, glad you're OK. A smashed up rear is the least of your worries... Thankfully, you walked away.

If my tranny failed going 65, regardless of the road setting, I can't say how I would have reacted, nor can the ones whom have said you may have over-reacted. Come on guys... You weren't in the car, and his story may not be EXACTLY what happened considering it happened so damn fast. Cut him a little slack. I'm sure if we heard he DIED because of this, some of you wouldn't be saying what you've said so far.

With that said, I would definitely go through the NHTSA and get a case opened. Unfortunately, you make a good canidate because of the failure without warning and the circumstances surrounding the failure. PLEAESE followup with this.

Count your blessings and put a smile on your face. Sounds like it could have been a lot worse.
Old 12-03-2002, 05:28 PM
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Originally posted by Scrib
Damn!!!

I've been out all day and just read this.

First off, glad you're OK. A smashed up rear is the least of your worries... Thankfully, you walked away.

If my tranny failed going 65, regardless of the road setting, I can't say how I would have reacted, nor can the ones whom have said you may have over-reacted. Come on guys... You weren't in the car, and his story may not be EXACTLY what happened considering it happened so damn fast. Cut him a little slack. I'm sure if we heard he DIED because of this, some of you wouldn't be saying what you've said so far.

With that said, I would definitely go through the NHTSA and get a case opened. Unfortunately, you make a good canidate because of the failure without warning and the circumstances surrounding the failure. PLEAESE followup with this.

Count your blessings and put a smile on your face. Sounds like it could have been a lot worse.
well put thank you
Old 12-03-2002, 06:06 PM
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Re: contacting NHTSA:
It is very important to the investigation that anyone who has experienced a similar situation makes it known by:

1. Filling out a Vehicle Owners Questionnaire at http://www.nhtsa.dot.gov/cars/problems/ivoq/default.htm
or by calling 1-888-DASH-2-DOT (1-888-327-4236)

2. Calling D. Scott Yon at: (202) 366-6761

He needs to know about any case that could have caused an accident.

Someone else posted about this being a downshift problem from 5th to 2nd. What I experienced on the freeway was MUCH worse than that, acutaully felt like the wheels locked. In fact I have downshifted as fast as possible from 5th to 2nd at both 60 and 70 mph and the car handles it fine (slight jerk at 70). My failure happened at about 50-55 and I was lucky that I had nowhere to go (LA Freeway at rush hour) and everyone behind me avioded hitting me (not quite sure how that happened except that all traffic was slowing at the time of the failure). There is much more than a downshift problem here.
Old 12-03-2002, 07:07 PM
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I'm just getting to the thread too, damn you guys move fast. First let me say glad you are ok and second, we were not there so we cannot judge his actions right or wrong. That's being said, sorry dude, but we need to go here:

Forget about all the feelings and the blaming and whatever. There is only one thing to go by and that's the law. What is everyone's legal responsibility under exiting State and Federal law when it comes to negligence, liability, damages, etc.

A few people have hit this right on in some of their posts and it looks like it might have gone unnoticed. If someone hits you from behind, it doesn't matter if your tranny died, your brake lights failed, your car decelerated suddenly, you hit water or snow, you though you saw a squirrel cross the road...whatever. He hit you from behind and your State says he is at fault...unless you have a no fault state. What is the law on this? It is not Acura's fault in a rearend collision. Doesn't matter what State you are in or whether drivers are courteous and honking horns or anything. I know people who think that you blow a tire, you stop on the freeway in that lane. The law makes no mention of what your response was to the situation. Ok that didn't happen. What did?

So you hit the wall when your tranny failed. Was the tranny failing the proximate cause of you hitting the wall? That has to be established before you have a claim. Maybe. I think your lawyer will attempt to prove this. I think that is a stretch. I think that is what happened but I don't think that it was the expected outcome. Supposed you run into a Taco Bell, caught fire, and burned down the building? Acura should pay? No...insurance should. Do you have a claim against Acura? Maybe.

Is Acura negligent in failing to replace every single tranny out there? Perhaps...but probably not. But I'm assuming that they have mitigated their negligence by taking steps to rectify the situation, like the bulletin, and the checks that they make when they asked you to bring their car back to them for timely maintenance checks. If you refuse to get your required maintenance at the Acura dealerships and they proved that this condition is not "sudden", you may be putting yourself in an unfavourable position.

What do you have insurance for? To protect you and your loved one from a potentially dangerous situation that you have found yourself in: driving an automobile on the highway. It is a known dangerous situation that has been known to be fatal at times. Therefore it is insurance that mostly handled the mishaps, misfortunes, and bad things. Is Acura at fault? No way but they might be if you can prove they gave you something and they knew it might leave you ended up dead. You will never be able to prove this. They have a whole host of safety features including airbags, etc that will prove that they did their best to protect your life in the event of not only somebody else's flawed product but even your own. They have tons of data that will exonerate them in case of a fatality. The driver is taking an assumed risk when they hit the road knowing that certain [bad] things can happen. Does the driver expect the tranny to fail? No. Does the driver expect to be killed if hit by a speeding truck? Yes. Does the driver expect to be hit by a speeding truck if the tranny fails? No. If you car slows down suddenly when the tranny fails, that is not considered a fatal move. Now if you car were to make sudden left and right movement independent of the steering wheel, that CAN be considered bad, bad, bad. I bet you anything Acura already has data on how they make the car "safe" in the event of a tranny failure. Tranny releases this. Tranny does that. Tranny locks out this. Tranny slows the vehicle down. But the tranny can't lift you off the roadway and deposit you onto the shoulder. Does the driver expect for a car to run out of gas before the hand hit empty? No. If the car did run out of gas before the hand hit empty (gas gauge was defective) and the car stalled and you got hit by a mac truck and killed, who is at fault?

Acura says "in the event something that we have done to the car catastrophically fails and leaves you in a precarious position, we have attempt to maximize your situation by doing a. b. and c." Dude, screw the I almost go killed. I'm sorry about that but I also got killed when Joe's Ford Explorer blew a tire and missed me by inches. But guess what? I get not a dime. There are no consequential damages.

But your car? Acura should fix your car. You can't call someone on the phone at Customer Service to get it fixed. The law. Use your insurance company and their lawyers because there are laws to cover this. You cannot expect any sort of "kindness" over the telephone. If that was YOU on the customer service phone and Shawn called and asked could he send you the bill ($2500), would you pay it? Or would you ask to deal with his insurance company?

Your title says You car almost killed you.
Old 12-03-2002, 07:14 PM
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That's the law.

Think about this...if you were driving at 65-75, and a guy behind you was really pissed at something and was in a hurry and 1/2 foot from your ass, and you saw a deer in front of you, and you could not swerve, but had to slam on your brakes, and the guy hit you from behind IF the law didn't exist, he'd get away with it, because all he'd have to say was your tailight didn't work, or you used your parking brake, or you downshifted, or yada yada yada.

Same thing with the turn signal. If you are pulling into traffic and pull out in front of a car with his turn signal on because he went straight instead of turning, and he hits you, it would still be your fault.

But that's not the case here. If he was rear ended immediately, then that would be the case.

But he wasn't, when his tranny failed, and he slowed down or stalled, and then after SEVERAL moments someone rear ends him, then it's pretty obvious that they need glasses or weren't alert to see a car slowed down or stalled 50-100 feet away.



Originally posted by chikai
If someone's brake light does not light up when decelerating I can't imagine it being the "driver behind"s fault. I don't know what the exact law says, but that just seems like it would be a law.

Being "not alert" doesn't seem to apply in this case either. From what I've read so far, it seems that when a tranny breaks the car sometimes goes into 2nd gear forcing the car to come to a near complete stop. Thereby leaving little reaction time for the driver in behind.

Imagine if someone pulled their e-brake on the highway...

that's the way I've imagined it from reading all the testimonials on this site.
Old 12-03-2002, 07:39 PM
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Originally posted by mrdeeno
That's the law.

Think about this...if you were driving at 65-75, and a guy behind you was really pissed at something and was in a hurry and 1/2 foot from your ass, and you saw a deer in front of you, and you could not swerve, but had to slam on your brakes, and the guy hit you from behind IF the law didn't exist, he'd get away with it, because all he'd have to say was your tailight didn't work, or you used your parking brake, or you downshifted, or yada yada yada.

Same thing with the turn signal. If you are pulling into traffic and pull out in front of a car with his turn signal on because he went straight instead of turning, and he hits you, it would still be your fault.

But that's not the case here. If he was rear ended immediately, then that would be the case.

But he wasn't, when his tranny failed, and he slowed down or stalled, and then after SEVERAL moments someone rear ends him, then it's pretty obvious that they need glasses or weren't alert to see a car slowed down or stalled 50-100 feet away.
Mrdeeno I would say you are 99% right but keep in mind there are NO FAULT states and this may not be the case in all states; there will be assignment of fault by percentages based on the situation 80% rearender, 20% rearendee or no one is at fault regardless of what happened, etc.

There are State laws that say with your turn signal on, you are signaling your intention to make a turn and therefore.....I think it is a mistake to think that they law could care less what your turn signals were indicating. If it can be proved that you were stopped in the intersection with your left turn signal flashing indicating that you intended to make a left turn when you got rearended and thus you are legally stopped on the road, you can make an argument for the converse. I said "make an argument" not prove.

If I were a lawyer, I would say this statue proves that you are legally intending to turn and that you actually changed your mind at the last minute and cause the accident by going straight and plowing into me.
Old 12-03-2002, 08:55 PM
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Chiming in: Ding....

Depending on the situation, there can certainly be contributory negligence. Normally, a driver is supposed to be able to stop REGARDLESS of what is going on in front of him.

However, just to toss in a case where there is NO CLEAR CUT victim:

If the city or state (or whatever agency was responsible) had been notified 1/2 hour previously to come and clean-up a slippery substance from a freeway and blew it off AND a driver needed to stop to avoid a car that started to slide out-of-control from a slight road correction, there would be a situation where the person getting hit and the person doing the hitting would put some or all of the blame on the (1) city or other agency for insuring the roads are properly maintained and/or (2) the party that dumped a substance on the road and/or (3) on everyone if portions that are met out by a court of law or by arbitration (add you choice here).

By the same token, the laws vary from state-to-state; it is possible to have someone examine the filaments of the bulbs in a wrecked car to see if the bulbs were on or off when the car was rear-ended. This can be a tricky area and the law basically says you are responsible for what's in front of you. However, they did put third brake lamps in cars for a reason and a defect in car that would prevent a person from seeing or at least getting a more immediate "stop" signal would contribute to the person in the rear not being able to stop. Another example is in regards to people suddenly swerving into your lane and having a pedestrian walk into your lane -- they are different, yet the same...

The police WILL ticket a person and it is possible to find many cases where a police unit has stopped a vehicle for having a defective brake light.

Something to look over:

http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

“(f) Stoplamps shall be activated upon application of the service
(foot) brake and the hand control head for air, vacuum, or electric
brakes. In addition, all stoplamps may be activated by a mechanical
device designed to function only upon sudden release of the
accelerator while the vehicle is in motion. Stoplamps on vehicles
equipped with a manual transmission may be manually activated by a
mechanical device when the vehicle is downshifted if the device is
automatically rendered inoperative while the vehicle is accelerating…


The above paragraph doesn’t prove anything … however, it does show that the law is clearly interested in having a deceleration condition indicated…
Old 12-03-2002, 11:09 PM
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Originally posted by chatapuggy1
Sorry to hear about your problems man, I will not slander you for hitting the wall, we all react in different ways. As it will probably be your fault, I may have done the same thing, I dont know how Miami is, but LA during rush hour, aint nobody letting you over, dont care if your shit is on fire! You are stuck...

We trust our cars (especially Acura/Honda) and it would never cross our minds when taking a trip or crusing down the highway that something like this would occur. I am sorry to say that I trust my 88 Toyota Corolla with 170k on it more than I do the CL, thats pretty sad, but thats why I dont use my CL much anymore, want to sell it, just gotta get the pics and ad together.

I am not giving up on Honda, all automakers have issues, it just seems I chose the one with the issue. Anytime we buy a first gen auto (i.e. new tranny, body style, engine, etc in this case because I know its really a second gen) we risk problems and recalls, thats what happens when you gotta be the first to on your block to own something, you become the real beta tester.

In the future, I think I will wait until at least the second or third model year to purchase. Or I will stick with the old classics, Camry/Corolla, Civic/Accord, I am a Honda/Toyota fan and these always seem to be the models the automakers pay attention to, cause they make the most money off of them as these models are sold all over the world. Sure I will be like everyone else, but at least I can have some confidence when driving down the road.

No I am not whining, just my 2 cents
Umm okay? Well surprise, surprise, V6 Accords have this problem too. It's due to a bad design or perhaps Honda outsourcing to shoddy suppliers.

Trust me, the Auto tranny on the 98+ Accord is problem plagued and is identical to the CL/TL/CL-S/TL-S/Odyssey/MDX only difference is Accord has a 4spd auto until 2003 and Acuras have 5spd autos... TL got 5spd around 1999.

Oh and don't blame yourself!!! A bad design is a bad design, there have been many problem free product launches for 1st year models and in fact, with the Acura CL/TL/TL-S/CL-S, no model year seems to be immune to the tranny problems!!!
Old 12-03-2002, 11:12 PM
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To the person who damaged the quarter panel on their CL, guess what... you may have damaged it; however, ACURA is NOT off the hook yet, they are LIABLE if the tranny is proven to be defective.

LOL, think OJ Simpson here, hint, he wasn't found criminally responsible, just Civily responsible (LIABLE)!!!!
Old 12-03-2002, 11:32 PM
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Originally posted by Eggplant-EX
I was in my Pontiac GP, about 5 miles S of Seattle CBD in the fast lane with the carpool lane on my left when the damn car died on me. This has happened before but never going on the freeway (turned out I had a bad alternator).

Anyway, all I could do was cruise to a stop (in the fast lane). I knew the car would restart once I stopped and turned the ignition off.

I think there was no need to swerve into a wall cause the tranny goes...

Sorry!!
Why didn't you (the POntiac dude) put the car in Neutral and then restart?
Old 12-04-2002, 08:03 AM
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Let me tell you something, your incident is nothing compared to mine. At least you still had a engine running, power everything still on.

I owned a 99 TransAm. I was having some fun and raced another older TA. I screwed up and mis-shifted from 3rd to 2nd instead of 4th. I bent the pushrods, engine died, all lights came on. NO POWERSTEERING, NO BRAKES, NOTHING. I was going 100 mph. I hit the hazards, I hit teh brakes as much as I could, till they would not stop me anymore. I still was going 50 mph with the use of the brakes when they wouldn't work anymore. I pulled the parking brake, it helped, got down to 30, I exited the highway, and was running out of room to stop, I tossed the car into a shopping center and threw it around and it came to a stop.

You had power, you overacted. End of story.

Originally posted by Generationz
sigh... ok i understand a lot of you think im just an idiot driver who buckled under pressure well if i was you and didnt know me i would assume the same however i know me so i know this isnt the case no one was there but me so i know i did the right thing convincing you isnt necessary but i wanted to shed clarity on the situation because i have been in all kinds of road conditions driving beat up hoopties to well tuned performance vehicles iv hit black ice spun out and made it out ok (and in a cadillac) bottom line is i would not be in this situation had it not been for a piece of defective equipment and i shared it with the members of this board and the world for that matter blame me if you wish i was always one to praise my vehicle on this board i really love the horses and torque plus my navi and ac and many other things about my whip but something went wrong and i want it to be made right
Old 12-04-2002, 08:26 AM
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acura already knows they are liable for the tranny, that's why they are replacing it under warranty.

they are not liable for his actions when he hit the wall though. if he lost all control, then maybe acura would be, but he steered the car himself. you said it yourself...look at your quote:

Originally posted by fuggedaboutid
To the person who damaged the quarter panel on their CL, guess what... YOU MAY HAVE DAMAGED IT; however, ACURA is NOT off the hook yet, they are LIABLE if the tranny is proven to be defective.

LOL, think OJ Simpson here, hint, he wasn't found criminally responsible, just Civily responsible (LIABLE)!!!!
unless he can prove acura FORCED him to hit the wall, they are not liable. like silverbullet stated, he had control of everything except accelerating, and that didn't force him to hit any walls.

OJ was liable because he was the found by the civil court to be the DIRECT cause (the person that did it) of nicole's death.

Acura is not the DIRECT cause of him hitting a wall. if they were, then EVERYONE with a tranny that failed would've hit a wall or had an accident in the failure.
Old 12-04-2002, 09:59 AM
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Originally posted by SilverBullet
Let me tell you something, your incident is nothing compared to mine. At least you still had a engine running, power everything still on.

I owned a 99 TransAm. I was having some fun and raced another older TA. I screwed up and mis-shifted from 3rd to 2nd instead of 4th. I bent the pushrods, engine died, all lights came on. NO POWERSTEERING, NO BRAKES, NOTHING. I was going 100 mph. I hit the hazards, I hit teh brakes as much as I could, till they would not stop me anymore. I still was going 50 mph with the use of the brakes when they wouldn't work anymore. I pulled the parking brake, it helped, got down to 30, I exited the highway, and was running out of room to stop, I tossed the car into a shopping center and threw it around and it came to a stop.

You had power, you overacted. End of story.
Why come off as being such a jerk???

First of all, his car failed without warning, where as YOU involked the problem in your accident by mis-shifting. Two completely different things.

Next... So freakin' what that he had power. Were you in the car? No. So how the hell can you judge someone on how they acted in this type of situation when you weren't there? Why must you always come of as being a dick in almost every single thread, hijacking most trying to take the spotlight? So you lost power going 100mph. It was YOUR fault DUDE!!!

Cut him some slack. We can't all be a professional driver like yourself, managing to keep the car out of a wall when there's a major failure.

If the guy died, I wonder what you'd say then. I wouldn't be surprised if you came off the same way.
Old 12-04-2002, 07:36 PM
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Originally posted by SilverBullet
Let me tell you something, your incident is nothing compared to mine. At least you still had a engine running, power everything still on.

I owned a 99 TransAm. I was having some fun and raced another older TA. I screwed up and mis-shifted from 3rd to 2nd instead of 4th. I bent the pushrods, engine died, all lights came on. NO POWERSTEERING, NO BRAKES, NOTHING. I was going 100 mph. I hit the hazards, I hit teh brakes as much as I could, till they would not stop me anymore. I still was going 50 mph with the use of the brakes when they wouldn't work anymore. I pulled the parking brake, it helped, got down to 30, I exited the highway, and was running out of room to stop, I tossed the car into a shopping center and threw it around and it came to a stop.

You had power, you overacted. End of story.
Umm yeah okay, I"m very sorry to hear about the TA incident however, lol, whatever happened to the thingy called a REV LIMITER ?

Oh yeah and as badly as your TA's outcome, the Acura CL dude had his tranny fail by no fault of his; however he abaraised the quarter panel with direct result of his actions. Thing is, liability or negligence is an issue.

Best suggestion to AVOID GETTING FLAMING MY CL friends is to talk to legal counsel and conclude whether or not liability of other sources is the issue.
Old 12-04-2002, 07:39 PM
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Originally posted by SilverBullet
Let me tell you something, your incident is nothing compared to mine. At least you still had a engine running, power everything still on.

I owned a 99 TransAm. I was having some fun and raced another older TA. I screwed up and mis-shifted from 3rd to 2nd instead of 4th. I bent the pushrods, engine died, all lights came on. NO POWERSTEERING, NO BRAKES, NOTHING. I was going 100 mph. I hit the hazards, I hit teh brakes as much as I could, till they would not stop me anymore. I still was going 50 mph with the use of the brakes when they wouldn't work anymore. I pulled the parking brake, it helped, got down to 30, I exited the highway, and was running out of room to stop, I tossed the car into a shopping center and threw it around and it came to a stop.

You had power, you overacted. End of story.
Umm yeah okay, I"m very sorry to hear about the TA incident however, lol, whatever happened to the thingy called a REV LIMITER ?

Oh yeah and as badly as your TA's outcome, the Acura CL dude had his tranny fail by no fault of his; however he abaraised the quarter panel with direct result of his actions. Thing is, liability or negligence is an issue.

Best suggestion to AVOID GETTING FLAMED, my CL friend, is to talk to legal counsel and conclude whether or not liability of other sources is the issue.
Old 12-04-2002, 07:47 PM
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Originally posted by fuggedaboutid
Umm yeah okay, I"m very sorry to hear about the TA incident however, lol, whatever happened to the thingy called a REV LIMITER ?

Oh yeah and as badly as your TA's outcome, the Acura CL dude had his tranny fail by no fault of his; however he abaraised the quarter panel with direct result of his actions. Thing is, liability or negligence is an issue.

Best suggestion to AVOID GETTING FLAMING MY CL friends is to talk to legal counsel and conclude whether or not liability of other sources is the issue.
Obviously your don't know enough about cars that a revlimiter is useless on a mis-shift when the tranny, wheels, force the engine over its limit. The revlimiter can control your limit by the gas given, thats it.
Old 12-04-2002, 08:10 PM
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Originally posted by SilverBullet
Obviously your don't know enough about cars that a revlimiter is useless on a mis-shift when the tranny, wheels, force the engine over its limit. The revlimiter can control your limit by the gas given, thats it.
Oh whoops thanks

hahahahahahahha obviously, eventhough I know how to drive a manual, I am not that familiar to know that the wrong gear can still fry the car

HAhaha, and as you guessed it, I drive an auto

Wait a minute!! How about the TL CL dudes who are on the FWY going like 70mph and their trannies go from 5 or 4 to gear 2???
Old 12-05-2002, 09:15 AM
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Generationz:

You duplicate of this thread has been deleted.

I would appreciate your cooperation in not spawning/creating duplicate threads.
Old 12-09-2002, 08:45 PM
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Well...Honda is synonimous with a quality product...
My opinion is, just about everybody is over-reacting! OK the tranny went...it is a car (Mechanical Device)...things break (See Quality...lol) Chill dude ...get your car fixed...take it on the chin and go on with life. Christ guys like you with there lawyer and lawsuits are why my insurance is SKY HIGH. Be a MAN not a boy!!!
Just out of curiosity...Did you get picked on alot in high school???
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