sormjs

Hi,

About a year and a half ago, my back windows shattered as I was parked in a street. Because I couldn't see what caused the issue, I believed it was maybe due to vandalism, although I couldn't see any rocks of big objects that would have impact my window (Only a big hole in the middle with the entire glass shattered). I made an insurance claim and replaced the window.

Yesterday, as I was driving on a highway, I heard a big "BANG" that was my rear window glass "exploding" again. This time, as I was driving, I am pretty sure nothing did hit my window.

Result after the BANG

So now, my question is : I am that unlucky that 2 OEM windows can break in an interval of 2 years? I am suspecting a problem with the car, but will the dealer be open to cover this under warranty or will he just argue with me that I was just unlucky? (I don't know if I can prove in any way that this is a car issue, but for me, it is very suspicious).

As a final piece of information (which may be important if I go see the dealer), between the first glass issue and the second one, I had an accident that damaged the side of the car (T-Bone with another car, see image below). Although nothing in the back was touch, can the dealer refuse to look at any claim saying the the structure may have been affected, even though the first time the glass shattered, was prior to this accident? Should I go see the body shop instead that did the repair of the car, about a year ago?



Thanks for your insights!

Js

Machine13

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Originally Posted by sormjs

I made an insurance claim and replaced the window.

IMO you’ll end up having to make another comprehensive coverage insurance claim.

Quote:

Originally Posted by sormjs

So now, my question is: I am that unlucky that 2 OEM windows can break in an interval of 2 years?

Apparently, yes, you are that unlucky :-/And this is certainly not the first time this has ever happened to someone.Hopefully it’s not a hater, and is just coincidence.

Quote:

Originally Posted by sormjs

I am suspecting a problem with the car, but will the dealer be open to cover this under warranty or will he just argue with me that I was just unlucky? (I don't know if I can prove in any way that this is a car issue, but for me, it is very suspicious).

The Lexus warranty covers defects in OEM materials and workmanship. For the dealer, and Lexus, to accept this as a valid warranty claim, unless they are feeling generous, I would imagine that they will indeed ask you to make a case and provide evidence of how this could be due to a defect in materials or workmanship that is covered under the warranty.

FYI, http://www.lexus.com/warranty

BTW, who installed the first replacement OEM windshield, the dealership or a 3rd party?If it was not the dealership, I really don’t see how they’ll think they are responsible for the second one shattering.Also, if they had refused to replace the first one under warranty, and that’s why you had to go through insurance, they’ll probably handle it the same way this time.Furthermore, if the body shop temporarily removed the windshield when they were fixing your car from the accident, the dealership might take exception to that also.

Quote:

Originally Posted by sormjs

As a final piece of information (which may be important if I go see the dealer), between the first glass issue and the second one, I had an accident that damaged the side of the car (T-Bone with another car, see image below). Although nothing in the back was touch, can the dealer refuse to look at any claim saying the the structure may have been affected, even though the first time the glass shattered, was prior to this accident? Should I go see the body shop instead that did the repair of the car, about a year ago?

I wouldn’t volunteer this information to the dealership. They have records they can look into.IMO, if they know of the accident, then they most likely would try to take the cheap way out and use it as an additional reason for why this is unwarrantable damage.Explain to them what you’ve explained here that the back windshield just shattered while you were traveling forwards at appx (xx) miles per hour.Because of your forward motion and speed you feel certain it was not an object thrown at the windshield and you did not hear something strike the windshield prior to it shattering, at which point you came to an immediate stop to inspect what happened.

You do have rights under the Magnuson-Moss Warranty Act (actually, Canada may not have equivalent legislation for this act), if the dealer does end up denying this as warrantable damage. Specifically, in the context of your issue, I believe the dealer's responsibility would be limited to the onus being on the dealer to provide sufficient evidence that this was not due to a defect in materials or workmanship.I personally think they will quickly and easily reach this conclusion.

In summary, I do not believe you will be successful claiming this is a warranty issue. I’d bite the bullet and make another insurance claim, and be sure to get another OEM replacement.

You may also be able to talk to the body shop you used and, although a lot of time has passed since the repair, they may be willing to work with you and if possible re-open the original insurance claim and append a new rear windshield to the claim. I presume the insurance of the person who t-boned you would have footed the entire bill.

Quote:

Originally Posted by sormjs

Thanks for your insights!

I surely hope you can get a satisfactory resolution, just remember not to put any words in the dealership’s mouths. Let the dealership explain in their own words why it is or is not covered, if you choose to go to them.

Handi

The fact that it's been a year since the last time it shattered leads me to believe there isn't an issue with the car.
Look at the glass, there should be a point that the shatter started from, if a rock hit the center it the fracture pattern will radiate out from the impact point. Same if it happened at the edge of the glass. Find that point and try to figure what caused your problem. I don't see a pattern in the supplied picture. Post some from different angles if you could.