Any lawyers out there. Help regarding lemon law and commercial vehicles

Dirtymaxx03

Active member
Aug 4, 2009
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Any of our fine members educated in law?

In a nut shell, I work for my father and we run a small trucking company, 9 KW's w/ ISX 450 cummins 2012-13 models.

These motors since brand new have used at least 1.5 gallons of oil on a 3000 mile round trip. The worst of the bunch will burn 3 gallons.

They constantly are being taken into KW for warranty work on the emissions and cooling systems. 3 motors have blown and one went through 3 cylinder head. So those trucks were off the road for a long time.

Basically all in all they are garbage. My dad being the person he is just decided to trade all 9 trucks in a year early for some freightliners with Detroits. He has no intrest on pursuing a lemon law case, however I do.

Any guidence would be appreciated. PM me or we can talk out loud here. I already looked at the qualifications for a Texas lemon law, and I am pretty sure almost our whole fleet qualifies under ever category.
 

JD Dave

In way over my head
May 19, 2008
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Not sure where you are but I priced out a kit from A company that deletes all the emissions, including turbo and it's passed California spot emission tests. They are doing brand new trucks right from the dealer all the time. I'm sure there are other guys doing it also. Around $7500 installed and tuned. I'm sure you know way more about this stuff but I'm just putting it out there.
 
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Dirtymaxx03

Active member
Aug 4, 2009
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Lol we had to buy all new trailers a year ago because our reefer units were not certified clean idle. Now we have to post an Air Resource Board number on every reefer unit we have so that shippers in California will load us. No way in hell a deleted commercial vehicle is going to haul any produce in or out of Cali.
 

JD Dave

In way over my head
May 19, 2008
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Lol we had to buy all new trailers a year ago because our reefer units were not certified clean idle. Now we have to post an Air Resource Board number on every reefer unit we have so that shippers in California will load us. No way in hell a deleted commercial vehicle is going to haul any produce in or out of Cali.
Intersting, this trucking company that has many units is hauling into and out of Cali regularly. Don't know what they're hauling though.
 

Dirtymaxx03

Active member
Aug 4, 2009
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IMO you should do some searching online and start calling some lawyers. I think you'd get the answers you're looking for much more quickly.

Calling a lawyer is the next move. I just started this thread to see if anyone has filed a commercial lemon before
 

MACKIN

Smell My Finger...
Aug 14, 2006
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I have seen people file lemon law case but not commercial. I recall TXchristopher and his over heating LLY he won. He went through a lot if I recall although cannot imagine it is easy.

You have to lawyer up and seek their advice on the laws in your state something I'm sure you are aware of. Good luck perhaps you can educate some of us with your findings.
 

bigmackmiller

Active member
Nov 30, 2008
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Kokomo, IN
Wish we could drum up a class action suit on all the lost income caused from these emission controls, think of how many trucks, construction, and farm equipment have been effected
 

durallymax

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Apr 26, 2008
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Any of our fine members educated in law?

In a nut shell, I work for my father and we run a small trucking company, 9 KW's w/ ISX 450 cummins 2012-13 models.

These motors since brand new have used at least 1.5 gallons of oil on a 3000 mile round trip. The worst of the bunch will burn 3 gallons.

They constantly are being taken into KW for warranty work on the emissions and cooling systems. 3 motors have blown and one went through 3 cylinder head. So those trucks were off the road for a long time.

Basically all in all they are garbage. My dad being the person he is just decided to trade all 9 trucks in a year early for some freightliners with Detroits. He has no intrest on pursuing a lemon law case, however I do.

Any guidence would be appreciated. PM me or we can talk out loud here. I already looked at the qualifications for a Texas lemon law, and I am pretty sure almost our whole fleet qualifies under ever category.

Time for some Paccar motors? Lol.

I know a few peoples with the latest Cummins ISX that have the same oil drinking issues as you do.

Im a KW fan at heart, but the DD motors are looking pretty promising if thats the route you went.
 

Dirtymaxx03

Active member
Aug 4, 2009
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Big negative on the Paccar lol too small for long haul OTR stuff from what I hear.

All our drivers hear nothing but terrible stories about the ISX motors. All across the country, they're all trash lol

It's ashamed you can't get a Detriot motor in a KW truck. These T660's are very nice, solid trucks, the motors are just junk.
 

durallymax

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Apr 26, 2008
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I'm surprised the T680/T880 is actually impressive as well. I'm still a narrow cab fan but I have to admit they kept the quality up in those two new models. I was afraid they would go cheap like the T700. Neighbor has a loaded T680 and it's very nice but after 200k the ISX is thirsty for oil too.

I'm still a narrow cab fan though, still old school with the W9. Our stuff is regional on/off road day cab stuff though. Buddy is looking at selling his "fixed" 09 W9L this year and hoping I can jump on that. It's an ISX but certain things are turned off and others turned up. Still under 600hp though so it's not beat.

I still prefer the low torque of a kitty though.

Sent from my SCH-R970 using Tapatalk
 

PureHybrid

Isuzu Shakes IT
Feb 15, 2012
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Central OH
Time for some Paccar motors? Lol.

I know a few peoples with the latest Cummins ISX that have the same oil drinking issues as you do.

Im a KW fan at heart, but the DD motors are looking pretty promising if thats the route you went.

Who builds the Mx13? The Px7 & Px9 are Cummins engines.

I know the ISX has its issues, but when I worked at Cummins there wasn't half the problems I hear about from guys online. They had oil consumption problems but it was few and far between, if one is ever torn down check the rings, we've seen them upside down before. They also had updates for the valve seals (multiple).

Do these trucks sit and idle very much? They tend to slobber lots of oil when idling.
 

durallymax

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How do the Caterpillar's and the Mercedes' powerplants perform?

Cats haven't been offered since 2010. The current ones in Cat trucks are Navistar motors. The EPA04 ACERT had its share of quirks but other engines had their share of issues with EGR and VGT turbos. The EPA07 ACERT seemed to have a few more issues related to having the DPF when compared to the ISX. EPA07 motors from any of the companies were pretty poor though.


Mercedes makes good motors. The bi-turbo OM502 V8 in our chopper is a beast. That said, their North American on road engine program was an abomination. They no longer technically sell the MB motors but with Daimler owning both Detroit and MB you can bet there's tech that has been shared when making the newer DD series engines which are now exclusive to Daimler trucks just as PACCAR engines arr exclusive to their trucks, Navistar engines are exclusive to theirs and Volvo/Mack (same) are exclusive to their trucks.

Cummins is the lone soldier that is an option on some trucks but not all.

Cat is supposed to be working on their own big block motor since Navistar purchased the C15 from them but then scrapped the project after their EGR fiasco leaving Cat with nothing but a 13L Maxx force for their "heavy haul" truck CT660. Navistar opted to use the ISX but you know Cat wasn't going to put a Cummins in their truck.


More OEMs are starting to offer total drivelines to optimize fuel economy. Mack/Volvo has their I-Shift and their own axles, Daimler has their line of transmissions and axles now and Eaton continues to work close with Cummins it seems. Low RPMs are what everyone wants. The newest Volvo are down to 1100RPM cruise. Cummins is down to 1300RPM.
 
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durallymax

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Who builds the Mx13? The Px7 & Px9 are Cummins engines.

I know the ISX has its issues, but when I worked at Cummins there wasn't half the problems I hear about from guys online. They had oil consumption problems but it was few and far between, if one is ever torn down check the rings, we've seen them upside down before. They also had updates for the valve seals (multiple).

Do these trucks sit and idle very much? They tend to slobber lots of oil when idling.

The MX13 is mostly DAF (euro company PACCAR bought) but it is specific for the NA market versus just being plucked from the shelf. It seems like people either love them or hate them. Sounds like they are efficient but a little weak on Hills.


We need some Scanias lol.