QuestionMy 4 month old 2006 Tuscon was inoperable due to "bad" feul. The dealer charged $500 to clean out the engine and bad feul and sent us on our way. 1 day later, the check engine light was on, and we returned with the car and was told it was likely a "sensor problem" and told that no other problem could be found. We were again sent on our way, until 2 days later the engine light went on again, the car started sputtering and running rough, and the dealer diagnosed a failed catalytic converter, from the bad feul. My question: could/should this damage have been prevented from our first repair? Is there any liability to the dealer sending us away twice with a damaged catalytic converter (if the damage was caused by the initial problem?). Do we have any recourse, or is it just bad luck?
AnswerThere's not enough information here for me to draw many conclusions, but the possibility does exist that the converter was indeed damaged by misfiring due to bad fuel.
There are a number of things that come into question.
Were the dealer's diagnosis and repair correct and appropriate? At this point I cannot determine this. If so, I'd expect the vehicle to be running normally after the repairs. The following will help me determine that:
-- What were the original symptoms?
-- Was the check engine lamp coming on originally?
-- If so, what were the trouble codes at that time?
-- Was the check engine lamp flashing?
-- What repairs were made to resolve the bad fuel issue?
-- What were the trouble codes when the dealer determined there was likely a "sensor problem?"
-- What repairs were made to resolve this problem?
-- What were the trouble codes when it was determined there was a catalytic converter problem?
-- Was the vehicle refueled between the time of repair and the time of determining there was a converter problem?
-- If so, was it at the same place it was fueled prior to having the issue with bad gas?
In most cases, it's cost-prohibitive or even impossible to check the functioning of the catalytic converter separate from the tests that the engine control module (ECM) runs. While your vehicle is misfiring or the oxygen sensors are not operating properly, it is impossible for the ECM to effectively check the effectiveness of the converter. And it takes a significant amount of driving for the ECM to effectively check the converter. It's pretty safe to say that if the vehicle was running normally when it left the shop that there was little way the dealer would have known that the converter was damaged. I'm presuming part of the reason you're asking about this is that the dealer is asking you to pay for a new converter. Consider that if they had been able to detect this at the time of the original repairs, you'd still have owed the same amount for repair, but it would have all been spent in the original visit.
Since you're now on a different visit, there are some things that can work in your favor. Presuming the issue with the bad fuel is resolved, I think it's fair to ask the dealer how they know the converter failure is related to the bad fuel. Since they cannot show the catalyst was damaged at the time of the original visit, it's now more difficult for them to make the case that it was caused by the fuel (although, if your car was misfiring due to the fuel issue, that is indeed the most likely scenario). If they didn't make any repairs on the second visit, why not? Check engine lamps don't come on for no reason. If there was a "sensor problem," they should have repaired it. If they didn't, how do they know the converter problem isn't due to their failure to repair the "sensor problem?" This will of course depend on the nature of that "sensor problem."
If your car is driveable and the dealer refuses to replace the converter under warranty, I'd recommend taking it to another dealer and inform them of your dealings with the first dealer. They won't know anything about the bad gas and will likely replace the converter (if that's the actual issue) under warranty. If it's not driveable, your options are pretty much limited to contacting Hyundai customer assitance (800-633-5151).
The hardest part for me here is that I cannot determine whether the dealer is even addressing the issue with your car. One of the scenarios that keeps running around my head is that it's possible none of the service visits have repaired anything.
