Transmission failure caused an accident

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Old 09-02-2004, 08:48 PM
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Transmission failure caused an accident

I almost died from it, I had my seat belt on THANK GOD.
I tried avoiding a severe brake from 25m away on a Honda CR-V at 70 KM/H and I couldnt.
Seriously I am never buyin an Acura Again.

I fucking try braking and the thing starts chugging and sounds like its in gear 1-2

Like wtf kind of service is this man,

My car is totalled, and Im sad, Damn well acura better pay for it those fools

I want my injury compensation too!

Will I win the case if i send them to court? I AM seriously upset here to call after I am in an accident to find out my transmission is flawed and I haven't gotten ANY letter on my flawed tranny either... Anyone ?
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Old 09-02-2004, 08:52 PM
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I do have a law degree, but there are to many factors, and almost no evidence to give you a yes or no answer. One thing I dont get if your tranmission failed how did that effect the brakes ????
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Old 09-02-2004, 09:11 PM
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Dude... I already answered this in your other thread. You did NOT have an accident because your transmission failed. You had an accident because a mattress was littering the road and someone hit it - causing a chain reaction accident in which you happened to be involved (unfortunately).

Did your brake pedal vibrate? Did your steeling wheel vibrate when you braked? If your brake petal did pump/vibrate and make a weird sound - then you DID activate the ABS. If you've never heard or felt the ABS kick in, then that's what you might have been experiencing and just not known it -- the "chugging" you are describing. If the steering wheel was vibrating upon severe braking, then it just might have been your rotors.

Either way, it's not Acura's fault that a mattress wasn't secured to someone's car properly, was a road hazard, and caused an accident.

I can understand you're probably totally shaken up, upset, and frightened, but Acura isn't responsible for road debris, how drivers react to it (the driver in the Pontiac), or for the distance and speed between you and the car in front of you...the road conditions...the weather conditions...the amount of traffic, and on and on and on...
Put blame where blame is due. Your tranny didn't stall you while driving and cause you to lose control or cause people to run into you. It was just a very unfortunate situation.

Again, if anything - you should be upset with the driving carrying the insecure mattress...
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Old 09-02-2004, 09:12 PM
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my 3rd died today but i cought it AGAIN before it was able to cause any harm to any one. im mad too
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Old 09-02-2004, 09:16 PM
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Originally Posted by fsttyms1
my 3rd died today but i cought it AGAIN before it was able to cause any harm to any one. im mad too
You have a '99, right? And they still don't believe '99s should be involved in any sort of recall, eh? Hmmm...
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Old 09-02-2004, 09:24 PM
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Originally Posted by Street Spirit
You have a '99, right? And they still don't believe '99s should be involved in any sort of recall, eh? Hmmm...
no i have a 2000 but there was a 99 in there with his 2nd one today
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Old 09-02-2004, 09:59 PM
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To Fsttyms, was the trans. failure an apparent lockup to 2nd gear
(reason for the oil jet kit install) or was it the irregular shifting and TCS/blinking D5 light type of failure? I have a 00 TL as well, and I don't want to keep worrying about another blown tranny, especially since the rep. at Acura told me they might not cover my tranny based on the color of my ATF (read my post on 9/2). Good luck getting yours fixed- give em hell if they refuse!
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Old 09-02-2004, 10:00 PM
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ummm.. how many times are you planning on posting this info about your car?
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Old 09-02-2004, 10:13 PM
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Originally Posted by erdoc48
To Fsttyms, was the trans. failure an apparent lockup to 2nd gear
(reason for the oil jet kit install) or was it the irregular shifting and TCS/blinking D5 light type of failure? I have a 00 TL as well, and I don't want to keep worrying about another blown tranny, especially since the rep. at Acura told me they might not cover my tranny based on the color of my ATF (read my post on 9/2). Good luck getting yours fixed- give em hell if they refuse!
it was showing signs of it going for about a week now. its real subtle but it shifted like a slipping clutch from 2 to 3. the other 2 did the exact same thing before they died. i never had those lights come on till the tranny dropped into 2nd. they cant say any thing about my tranny fluid. i change it every time i change my oil (every 10k) and i have a tranny cooler too
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Old 09-02-2004, 11:35 PM
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Im telling you

There were symptoms of it failing already

nO ONE is listening

I said ABS WOULD NOT
WOULD NOT DEPLOY


iT WOULDNT get out of 5th GEAR and it sounded like high revs or something when wi was driving home from the mall and then the accident happened

THe car was very clunky when i was in auto as well
I am sure this is the transmission.
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Old 09-02-2004, 11:38 PM
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I will fax you a copy of the settlement when it is reached street spirit

THis wasnt My fault, I was 25 meters away going 70 KM/H , ABS WOUld NOT DEPLOY as I said earlier

and the car was clunking, I could have prevented this accident if the ABS WOUld have deployed and the transmission would have shifted down properly , it was clunking and at high revs...

I've said that before too
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Old 09-03-2004, 12:34 AM
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Im raising the BS flag on this one.

You're 16, not Mario Andretti. You better respect the machine, or it wont respect you. This isnt a video game!

You said you "try braking" - so did you or didnt you? And sounds like you may have done it pretty hard so ABS would go off. And what proof do you have ABS did not activate? Because the transmission "clunked?" Give me a break.

Lets think about this: It was in fifth. It reved up (to the rev limiter maybe?), dropped to 2nd gear. ----- Sounds like you discovered the gas pedal instead of the brake pedal, buddy!!!
Clunking noise? That may happen running over a mattres! lol...

Im sorry to hear of your accident, but I dont think a tranny failure got you into an accident you were already prone to be involved in as soon as the matress hit the road.
Just take the responsibility. Shit happens and sometimes people are just at the wrong place at the wrong time. Quite being spoiled and learn from your mistakes and move on. Finger pointing and accusations will get you no where.

Peace.
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Old 09-03-2004, 07:33 AM
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Originally Posted by Broly
I will fax you a copy of the settlement when it is reached street spirit

THis wasnt My fault, I was 25 meters away going 70 KM/H , ABS WOUld NOT DEPLOY as I said earlier

Okay..okay...so I wasn't there.. who knows what really happened. But anyway - please explain how ABS absolutely would have saved you from this accident (assuming it actually did not deploy). What do you think the purpose of ABS is and how might it have helped you in this situation?

And PLEASE do not take any offense to this statement as it is not meant towards you as a personal attack, rather a general feeling: Do you actually think Acura (or any car company) REALLY cares when any of their 'customers' get into a misfortunate accident? I mean, really - they have millions of customers who get into accidents all the time, who complain all the time, want free things done all the time ---- they already have your money (from purchasing your car) - do you really think they are going to do anything if you complain to them about the mattress incident? I don't mean this in a sarcastic or mean way, but it's true!

Think about all the people who really do have reasonable accident claims/liabilities with the car companies and think about how many years they spend in court and how much work and research they have to do before getting any sort of settlement!! And those are in cases of death (usually) too!! It would take many, many, many claims of the same sort before any car company really starts to take notice and do any sort of payoff.... They don't really care about you -- they have a million other loyal customers who are paying their bills and making them 'rich'. It's sad, but true!! You, as an individual, will have no pull whatsoever against a massive car company with big-time lawyers. You can't just got up to them and say, "My tranny got me into an accident!" ....PROVE IT!! And you can't just say you heard a 'clunking'... You will need good, hard proof with professionals involved in investigating it before they will take you seriously! They won't just 'give' you their money cuz you asked or insist!
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Old 09-03-2004, 09:07 AM
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You do realize that the engine revving high ... if you did step on the brakes would have helped you right?

The engine revs high when you step on the gas, yes. But if you don't step on the gas ... What happens? The car slows down. Try it someday ... Put the car in SS ... make sure nobody is behind you, so the sudden slowdown with no brakes doesn't kill you ... and downshift into a lower gear. You'll feel the car pull you as the engine revs high and slows down ... Its called engine braking.

The TL has a system in place called Grade Logic. During braking, especially hard braking .. it will assist you in slowing down the car by downshifting and engine braking for you.

I don't quite understand how ABS and the transmission are tied together either ... If the transmission failed, ABS would still work. ABS only engages when it needs to btw ... So if it didn't engage, it doesn't mean the car didn't do its job. Kindof like how people complain that they got into an accident and the airbag didn't deply ... Airbags (the one in the steering wheel) are only meant to deploy in a frontal collision ... and the impact itself is an issue as well. The airbag won't go off if you hit someone from behind at 2mph.. Anyways, ABS only engages if it detects wheel lockup .. That is, the wheels aren't spinning but the car is still moving. If the wheels didn't lockup, then ABS would not have engaged. For ABS to work properly, you also have to stomp on the brake ... If you didn't apply enough braking pressure, then ABS won't do anything.

In any case, most of the transmission problems I've heard of caused a sudden and quick stop. You're claiming the transmission failure caused your car to not stop ... Which doesn't make any sense. If the transmission failed, your car would have either stopped sooner than normal, or at the same rate as normal. If there's anything to blame on Acura, its that the brakes they've provided in the car are inadequate for emergency stops like this ... I doubt you'll be able to sue them or get anything out of them because of it though since the brakes probably meet NHSTA requirements.

Don't get me wrong here ... I'm not an Acura fanboy or someone who's going to defend Acura if they're in the wrong. If the transmission failed while you were on the highway and you had the sudden downshift from 5 -> 2 causing your car to come to quick stop ... which in turn caused another car to rear end you .. Then I'd be fully supportive of you suing Acura for damages due to the tranny problem. However, your story does not present any evidence that the tranny failure caused you to get into an accident in anyway shape or form. The "clunking" noise you heard earlier does not mean the tranny failed during the accident ... and like I said, even if it did, you would not have lost braking power because of it.

Good luck with the car, I hope everything turns out well for you and you haven't suffered any permanent injuries because of it. If you haven't already ... I would see a doctor ASAP. Serious accidents like the one you were in do not always show signs of injury for a few days.
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Old 09-03-2004, 09:20 AM
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Originally Posted by Broly
Im telling you

There were symptoms of it failing already

nO ONE is listening

I said ABS WOULD NOT
WOULD NOT DEPLOY


iT WOULDNT get out of 5th GEAR and it sounded like high revs or something when wi was driving home from the mall and then the accident happened

THe car was very clunky when i was in auto as well
I am sure this is the transmission.
sounds like you were following to close.
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Old 09-03-2004, 09:37 AM
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Broly...
We're all just looking at the accident in a different light since we were not involved and don't have the same high emotions that you are experiencing right now.

I mean - if I end up being completely wrong on all of these issues - of course let me know once you get a "settlement"... I'd love to know what I missed!

I just think you're being a little naive.. Car companies don't just hand out money because you asked them to. If you want to sue them, hire a great lawyer, take out a mortgage on the house (to pay for the long-term lawyer and court fees), retrieve the computer from your car to go over the info it has logged, hire a forensic mechanic to go over your car for any possible failures or mechanical problems that might have caused the accident itself, get the police report, get signed statements from the witnesses, get the crash photos and photos of skid marks, get an accident specialist to reconstruct the accident and how it occured (while using the same model car, with the same weight driver, with the same amount of weight in the backseat and trunk, running the same size/weight rims, using tires with the same amount of tread, and reproducing the weather conditions, road conditions, and traffic congestion)..... Then take it to Acura.... fight them while they deny your initial attempts at compensation... pay the lawyer some more money... drag it out for three years... and then use the $10,000 left over to finally buy yourself a new car and to get some good physiotherapy!!

You will have to prove that the tranny failed at the EXACT MOMENT you hit the brakes --- just by luck --- when you were about to have an accident. Cuz remember: if your tranny failed only right when this whole accident occured, it's quite a coincidence that it failed then and not five minutes earlier, right?? If your tranny failed - it would have failed regardless of this accident, not BECAUSE of this accident.. and hitting the brakes to avoid an accident does not cause a tranny to fail!

Good luck, and feel better soon!
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Old 09-03-2004, 09:53 AM
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Originally Posted by scottosan
sounds like you were following to close.

Agreed! Unless this happened at night and the mattress has a black covering, you should of been able to anticipate a little better to get over to the shoulder or median. If you got hit from behind from you slamming on the brakes, they were following to close as well.

16 years old, you got a lifetime of driving ahead of you and you'll see what I mean when you get older and gain more experience while driving. I am glad you are ok, just be aware of what's happening a half mile down the road and hopefully you can avoid another situation like this. Good think for that safety belt, really, glad you are ok!
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Old 09-03-2004, 10:01 AM
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1) You should always have your seat belt on when you're driving, you shouldn't be saying "I had my seat belt on THANK GOD"
2) Descriptions of the accident is horrible, I don't really understand the situation.
3) From what I can gather from other people, I don't see how the trans failure caused this......
4) How does ABS not deploying cause your accident and how does it tie to Trans? Maybe since you're young, you don't fully understand the full mech on the car.
5) Sounds like you think because the trans failed after the accident that it cause it in the first place, which would be wrong.
6) From everything I can piece together, no you will not win in court.
7) What year TL do you have, only 00-03 TL have a recall notice, and you should have reiceve a notice about the trans upgrade warranty for 99-03 TL. If you haven't, it's because you never updated the Acura or the dealer on mailing address etc when you bought the car.

I understand your situtation, I have been in an accdients with my 02 CRV. Where the rear two tires blew out, I had bridgestones on it and I really wanted to blame Firestone. But you have to think logically and not start blames until it is necessary. From reading everything above, I certainly don't believe Acura can be held responsible.

I'm glad to hear that you are safe. Please drive carefully.
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Old 09-03-2004, 10:42 AM
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Its not the brakes you guys
I wasn't even in SS
THe thing is THe check ENGINE Light came on on my way home from the mall
I really didn't know whats up until my car was feeling very clunky and i told you like i said before it was in high revs
THe tranny did not outright fail, but I COULD feel the jerks while it was changing from 1-5 on the road whe n iw as on the highway

It pisses me off that when I WAS BRAKING, THE CAR at 75km/h WOULD NOT PROPERLY shift the gear down in order for me to slow down it just kept going
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Old 09-03-2004, 10:43 AM
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Guys guys..I think we're all missing the point here. What the hell does ABS "deploying" (I think you mean activating) have to do with the ability to brake? ABS only activates when it senses the wheels "locking" up. It pulses the brakes and thus gives you the ability to control the car if you're in a turn. Basically, ABS is designed to keep the car pointed in the direction you want it to go when you brake.

The person that got into the accident apparently expects ABS to pulse even if the car has maximum traction. This person is also looking to blame the "deep pockets" for his accident.

Bottom line, the tranny has NOTHING to do with the ABS system. The ABS system is designed to work independent of that. I hope you have lots of money (sounds like you do), because any lawyer that takes this case will not be paid for by acura.

PS: I'm not a big acura fan based on my experiences w/ my TL-S, so don't think I'm in bed with acura on this
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Old 09-03-2004, 10:44 AM
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yOU GUYS do realize my dealership acura said they will pay for hte collision and the car because the car was on the recall list for quite a while and my address is updated we have never moved since we bought the tl in 01
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Old 09-03-2004, 10:46 AM
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also another thing that was for sure was, My rotors were WARPED, when i put on sliight brakes on the highway times before, my wheel would shake like i didnt have any type of shock absorbant, and whewn i mean shake, it would turn 1-4 inches very fast.... heh
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Old 09-03-2004, 10:59 AM
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Originally Posted by Broly
Its not the brakes you guys
It pisses me off that when I WAS BRAKING, THE CAR at 75km/h WOULD NOT PROPERLY shift the gear down in order for me to slow down it just kept going
Since when are automatic cars suposed to downshift while braking? None are supposed to.
I think you need to learn some more driving skills, and a little more about cars. The tranny and brakes are not tied in together, and if you could not brake in time, it sounds like you were following too closely. Instead of blaming the car, step up to the plate.

Unless your brakes locked up, and you skidded out of control, I dont see how you can say your ABS failed, but even if it did, ABS does not necessarily improve braking distances, it helps prevent loss of steering control, and keeps the wheels from locking up. In gravel & snow, etc ABS braking distances can be LONGER than non ABS braking distances, but you still have steering control.

You should go to howthingswork.com and do a little reading.

Also dont forget that cars were able to stop long before ABS came around
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Old 09-03-2004, 11:25 AM
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I have concluded that this story is utter BS
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Old 09-03-2004, 11:26 AM
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Originally Posted by Mr Hyde
Since when are automatic cars suposed to downshift while braking? None are supposed to.
I think you need to learn some more driving skills, and a little more about cars. The tranny and brakes are not tied in together, and if you could not brake in time, it sounds like you were following too closely. Instead of blaming the car, step up to the plate.

Unless your brakes locked up, and you skidded out of control, I dont see how you can say your ABS failed, but even if it did, ABS does not necessarily improve braking distances, it helps prevent loss of steering control, and keeps the wheels from locking up. In gravel & snow, etc ABS braking distances can be LONGER than non ABS braking distances, but you still have steering control.

You should go to howthingswork.com and do a little reading.

Also dont forget that cars were able to stop long before ABS came around
I'm pretty sure that Acuras with grade logic will downshift to cause engine braking to aid in braking. It doesn't happen all the time, but I notice on my TL-S that it will downshift early sometimes (usually during hard braking), and you'll feel/hear the engine braking.

Oh, I should add though that even if this didn't happen ... it still wouldn't have caused the accident. Your brakes are your main source for stopping, and I have already said and a lot of other people too ... the transmission failing does not effect your car's ability to stop.

Your car may have been up for a recall, and Acura may not have mailed you the little postcard (they're still in the process of notifying customers). But not having a recall on the car doesn't mean it will automatically cause an accident. Acura may not have a full understanding of the crash at this point and so they are saying they will pay for the damages if the transmission is deemed to be the cause of the accident. However, you've already said that the mattress was the cause of the accident.

Your logic just doesn't make sense ... This is what you're saying:
A mattress was dropped in the middle of the highway causing a Pontiac SunFire to hit the mattress and brake hard. A Honda CR-V could not stop in time and hit the Pontiac SunFire. You hit the brakes, and your car didn't stop in time causing you to read end the CR-V. Your transmission was acting funny the whole time, and therefore effected your braking power. Now, if the transmission was somehow related to the car stopping .. Then I'd buy your story. However, the transmission doesn't effect your braking power or your braking distance.

Its almost like you're saying that you were walking in the park. You hurt your arm earlier this morning. As you're walking, you slip and fall because there is ice on the ground. Your arm is to blame for you falling because it was hurt. Does that make sense?

The accident isn't your fault, its the person who's mattress was dropped onto the highway ... You should be going after them, not Acura. I don't think anyone here is saying its your fault ... We're just saying it isn't Acura's fault either.
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Old 09-03-2004, 11:38 AM
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Broly, did you just spend $1200 in an exhast? How many cars where in the accident? where you the last one or where you sandwiched... you should recoup whats left of the Exhaust since the dealer wont pay for it...

BTW- i think you coul've avoided the crash...Got any PICS?
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Old 09-03-2004, 12:29 PM
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Originally Posted by Broly
also another thing that was for sure was, My rotors were WARPED, when i put on sliight brakes on the highway times before, my wheel would shake like i didnt have any type of shock absorbant, and whewn i mean shake, it would turn 1-4 inches very fast.... heh
warped rotors and the tranny have nothing to do with the abs not activating. it either means you wernt braking hard enough to get teh wheels to lock up as to where it would activate or your brakes wernt working at all. which they were cause you obviously slowed down. as for the tranny down shifting, it will but its not something you are going to hear or feel to improve braking. as for did the tranny die??? thats to be seen. usually when they die the drop into 2nd gear. they dont hold gear. and if it did die it would drop into 2nd and you would slow down.
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Old 09-03-2004, 01:39 PM
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Originally Posted by LiQiCE
I'm pretty sure that Acuras with grade logic will downshift to cause engine braking to aid in braking. It doesn't happen all the time, but I notice on my TL-S that it will downshift early sometimes (usually during hard braking), and you'll feel/hear the engine braking.
Well Grade Logic is just that, a Logic program that will cause the engine to downshift only when going up and down grades/hills. If you are going downhill, the tranny will downshift regardless of your braking. On a normal flat highway, braking doesnt cause the tranny to downshift. The nose dive from Hard braking wont simulate the angle/conditions that would cause the Grade Logic tranny to downshift. There is no tie in between the tranny and brakes period.
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Old 09-03-2004, 01:53 PM
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i own i 2000 tl, since i day i bought it ive only had slam on my brakes once. ABS worked and helped me manuver and avoid what couldve been a devistating accident. other then that ive never had a car with abs.
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Old 09-03-2004, 02:16 PM
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hey so bascially if my tranny fails what will happen? meaning like when im driving what should i look for.. Will the car stop and just slow down and stop? I want to know causei dont want to get into an accident
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Old 09-03-2004, 02:20 PM
  #31  
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it depends where you are driving. the worst is on the hwy because it will want to drop into 2nd gear. in the city (at lower speeds) its not as critical. just dont worry your self over it. it will drive you nuts. get it in for the oil jet kit and inspection
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Old 09-03-2004, 03:44 PM
  #32  
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didnt you have another thread on this .. your 16 too right ?

anyways if i remember correctly you saiod you wanted to sue acura and hire a lawyer, id stop while you weer ahead with posting any comments or actions on the internet regarding this alleged incident that you think is partial to the transmission failure.

if you plan on opening a lawsuit against acura id stop while your ahead and not post any further and./or delete your recent posts. im not coming down on you, just looking out for oyu

also if you do go ahead and sue acura they will probably laugh at the case because there is a recall and tsb on the transmissions.
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Old 09-03-2004, 04:03 PM
  #33  
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I cant believe we are giving this rich kid more attention...

It is so absurd!
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Old 09-03-2004, 05:14 PM
  #34  
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someone lock this thread .. if acura reads this ... you have no case and your done ... we all sympathize for you ... but its over
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Old 09-03-2004, 05:18 PM
  #35  
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Someone don't lock this thread. I"m sure acura's lawyers will be laughing their asses off. And even if the thread is locked it just means it can't be posted to anymore. Nothing in regards to archiving the posts. (ps, chances are some server has already cached this post somewhere already)
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Old 09-03-2004, 05:22 PM
  #36  
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Good call .. whats said is said..... oh well let him sue hahaha
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Old 09-03-2004, 05:46 PM
  #37  
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You got in an accident...suck it up...shit happens...you need to learn that not everything goes ur way
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Old 09-03-2004, 06:32 PM
  #38  
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Originally Posted by Broly
yOU GUYS do realize my dealership acura said they will pay for hte collision and the car because the car was on the recall list for quite a while and my address is updated we have never moved since we bought the tl in 01
that's a damn nice dealer. Who is it? Surrprised they didn't want to look at the car, talk to their lawyers, etc. A local dealer wouldn't take responsibility for something Acura corporate would deal with. It seems like they'd at least ask why the hell were you driving with the check engine light on? When it goes on, you should be calling roadside serivce, not cruising the highway. The car told you it was messed up (via the idiot light on the dash). Sorta like saying the fuel light came on and then the car ran out of gas-what the heck did you expect.

Unless you have a check in hand, I'd say they're just blowing smoke up you exhaust.

Good luck though
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Old 09-03-2004, 06:36 PM
  #39  
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well its useless to try to convince everyone here that YOU WEREN'T at fault and that your tranny did something weird b/c i dun think that would happen in an automatic transmission. Anyway i dun think agruements shouldn't be made ... you should be happy that your dealership is now paying for the accident (which is really weird but i guess if they agree w/ you then you don't have to worry) so all in all you got what you wanted (Acura paying for your accident) but just be sure they re-machine your rotors, check your brake pads and make sure you have your safety recall done. Make sure they do a safety inspection on your car before they give it back to you.
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Old 09-03-2004, 07:48 PM
  #40  
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The kid said the car was totalled. So his insurance is paying him for his wreaked car.
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