The garage shop's insurer said they would not make a payment on the loss because they believe it is a part (bearing) failure. I agree that it is in fact a part failure but it is far to circumstantial that the bearings failed the first time I drove on an interstate, first time I drove for any extended period of time, and within 1000 miles of the axle seal service. Oh and not to mention--the same side of the axle in which gear oil was leaking was the same side that sheared off.
I have numerous mechanics (see letter below written by one of the mechanics) that believe it is a lack of professional responsibility in throughly inspecting all the components (including these bearings) when replacing the axle seals. Our theory is that when the axle seals initially blew--the gear oil sprayed/contaminated the bearings, which are lubricated with silicone based lubricant, essentially causing the bearings to overheat/deform and ultimately resulting in the shearing of the axle shaft.
So now the game begins of seeing who will fold first. I plan on becoming quite the pain in the *** for the insurance company...
Letter by mechanic James Kravetsky:
To whom it may concern.
My name is James Kravetsky and I am the service manager at Evans Auto Care located at 9190 Plainfield Road in Cincinnati Ohio. On Friday the 14th of December Stuart Schiff had a Toyota Truck towed to us with some pretty dramatic damage done to the drivers side rear axle. The axle it's self had sheared at the outer bearing location due to heat. I have received a copy of the original invoice for a repair done to both the rear axle seals on this vehicle. Mr Schiff has stated that only the drivers side axle was leaking but the dealership he took it to recommended that both axle seals be replaced. I agree that both seals be replaced and the dealer used professional responsibility to sell the other side of the vehicle that was not leaking.
Professional responsibility is what we use in our client relationship to ensure that our duty of care is satisfied. It means that as the provider of a service to a client we will use our skills and processes as the professional in this relationship to ensure the proper outcome of the repair. I do not think that the duty of care was completed in this matter.
When an axle seal leaks externally the grease used in the differential comes into contact with parts that it is not supposed to come into contact with. These can include brake parts and indeed if a brake shoe was coated in heavy weight grease we, as the professional in the relationship, would recommend replacement of these parts. One of the things that this grease from the leaking seal would have come in contact with is the outer axle bearing located at the point on the axle where it sheared off. The bearing is a sealed unit with a silicone based grease that is permanently lubricated. In this case sealed for life does not mean liquid proof. What I believe happened is that the grease that came into contact with the bearing got past the seals and permeated into the lubrication of the bearing. As one lubricant is silicone based and one is oil based the thinner axle lubricant would have washed the silicone lubricant out of the bearing setting it up for a future failure. This in fact happened less than 700 miles after service.
The obligations of professional duty are that we give professional advice to properly repair the vehicle. In my opinion the bearing should have been replaced or the job refused as an incomplete repair. Remember as professionals we can, by law, allow a customer to decline part of a repair and this will satisfy any tort claim against the shop but this will not satisfy a claim from any outside agency that takes a loss due to the incomplete repair. In other words if we recommend a bearing and the customer declines this part of the repair we have satisfied our duty to the customer but not a duty to the other drivers on the road that may be hurt by our lack of a complete repair. This is very settled law and is used in court all the time. Better to refuse the repair.
Thank you for your time,
James Kravetsky, Service manager Evans Auto Care
ASE Master Certifies Technician, L1 Advanced Engine Performance, Certified Service Advisor.