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Old 06-27-2016, 06:39 PM
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Shifter recal yes or no

Ok I'm not in love with our shifter but have learned its operation well, well enough not to have a roll away so my question is will I be required to have this recal performed or can I refuse it???

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Old 06-27-2016, 06:44 PM
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Re: Shifter recal yes or no

Based on what my dealer told me, I could refuse it. However, I decided to get it performed. The reason is, in this lawsuit happy environment that we unfortunately live in, if anyone other than myself drives my vehicle and doesn't have the common sense that I was gifted with and doesn't ensure that the vehicle is in park, and unfortunately injures or kills himself, well, you can take it from there.
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Old 06-27-2016, 06:49 PM
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Re: Shifter recal yes or no

Yea good point. That could get kinda messy.
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Old 06-27-2016, 07:09 PM
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Re: Shifter recal yes or no

I had mine done last week for the reasons jeepgrady mentioned and for the safety of those other than me who may need to drive it. Honestly, I've noticed no difference in the way it works now since my use and habits were in line with how it was meant to work. Nice to have though a fail safe though.
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Old 06-27-2016, 07:22 PM
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Re: Shifter recal yes or no

Quote:
Originally Posted by jaybo41 View Post
I had mine done last week for the reasons jeepgrady mentioned and for the safety of those other than me who may need to drive it. Honestly, I've noticed no difference in the way it works now since my use and habits were in line with how it was meant to work. Nice to have though a fail safe though.
Getting mine done for the same reason here. It won't change how I operate my vehicle so it's fine. Also, since it's a software update, I have faith my dealer will do it right, unlike the headliner cutting for that wiring recall.
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Old 06-27-2016, 07:29 PM
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Re: Shifter recal yes or no

Agree with Jeepgrady. Even though I don't need it as I always check to make sure it's in Park and use the parking brake, another driver injured (or injuring someone else) as a result of the owner affirmatively refusing to have the recall done could shift liability for injury from FCA to the owner...or at the very least enjoin the owner along with FCA.

All States except Virginia, Maryland, Alabama, North Carolina & D.C. have Comparative Negligence, where the injured party only receives compensation calculated on the percentage of fault that is not his/hers. So, in theory, the "other" driver would be partially negligent in not applying the parking brake and/or not placing the vehicle in park. The Court (judge or jury) would ascertain what percentage of fault to apply to each party.

Virginia, Alabama, D.C., Maryland, North Carolina, cling to the antiquated doctrine of Contributory Negligence. Any fault (negligence) on the part of the injured party is a total bar to recovery.

In either case, the cost to defend (even if you win), as well as the emotional pain of litigation, is not worth the risk of not getting the recall done.

I wouldn't be surprised if FCA didn't make anyone refusing the recall sign a waiver of liability, releasing FCA.
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Old 06-27-2016, 07:49 PM
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Re: Shifter recal yes or no

Just to add to my original post: For those who may be concerned about the recall process, I had mine performed today. Took about 2.5 hours just as the literature stated. Everything seems to be fine.
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Old 06-27-2016, 09:36 PM
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Re: Shifter recal yes or no

Quote:
Originally Posted by Jbkb View Post
Ok I'm not in love with our shifter but have learned its operation well, well enough not to have a roll away so my question is will I be required to have this recal performed or can I refuse it???
All the legal aspects mentioned are the real reasons to get it done but from a practical standpoint...

I hear u, agree, and would like to do the same....but.....

Good luck over time trying to avoid it. Physical only fix, doable, but since this is a software only flash of 4 control modules I would imagine it is now part of the baseline rev level such that it comes along for the ride with any future "improvement" flashes to those modules. They may also be connected in that one rev level requires the others "synced" to a certain rev. I know I'm guessing all over the place but I just think "they" are going to win on this one in the end. Also, this will likely become very very "sticky" with service departments from dealer ownership and FCA corporate pressure especially if FCA feels it's related to Mr. Yelchin's demise. My guess is the only way to avoid this is to forgo future improvements and never have one of these 4 cm's flashed again which I guess is possible.
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Old 06-28-2016, 02:31 PM
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Re: Shifter recal yes or no

Quote:
Originally Posted by GoPlzGo View Post
All the legal aspects mentioned are the real reasons to get it done but from a practical standpoint...

I hear u, agree, and would like to do the same....but.....

Good luck over time trying to avoid it. Physical only fix, doable, but since this is a software only flash of 4 control modules I would imagine it is now part of the baseline rev level such that it comes along for the ride with any future "improvement" flashes to those modules. They may also be connected in that one rev level requires the others "synced" to a certain rev. I know I'm guessing all over the place but I just think "they" are going to win on this one in the end. Also, this will likely become very very "sticky" with service departments from dealer ownership and FCA corporate pressure especially if FCA feels it's related to Mr. Yelchin's demise. My guess is the only way to avoid this is to forgo future improvements and never have one of these 4 cm's flashed again which I guess is possible.
Quote:
Originally Posted by GoPlzGo View Post
All the legal aspects mentioned are the real reasons to get it done but from a practical standpoint...

I hear u, agree, and would like to do the same....but.....

Good luck over time trying to avoid it. Physical only fix, doable, but since this is a software only flash of 4 control modules I would imagine it is now part of the baseline rev level such that it comes along for the ride with any future "improvement" flashes to those modules. They may also be connected in that one rev level requires the others "synced" to a certain rev. I know I'm guessing all over the place but I just think "they" are going to win on this one in the end. Also, this will likely become very very "sticky" with service departments from dealer ownership and FCA corporate pressure especially if FCA feels it's related to Mr. Yelchin's demise. My guess is the only way to avoid this is to forgo future improvements and never have one of these 4 cm's flashed again which I guess is possible.
In all honesty it's not the software updates I'm worried about its the individuals at this particular dealership that have me thinking I'm gonna wait as long as I can. The last transmission update I had was on my 2013, update went fine but when they finished it they park my jeep in a dirt lot with the drivers window down and the backs partially down. "Dust everywhere" when things like leaving the Windows down or letting the jeep idol for 7 hours or placing the lift arms in the wrong spots causing damage to the uni-body happens how can one trust the update will get done correct.
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Old 06-28-2016, 02:47 PM
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Re: Shifter recal yes or no

uh, yeah....that sucks
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Old 06-28-2016, 05:41 PM
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Re: Shifter recal yes or no

I'd be happy to miss this one however, as already discussed above I'd say it will become a baseline flash.


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Old 06-28-2016, 07:30 PM
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Re: Shifter recal yes or no

Had it done last week along with an Oil change and can tell no difference. Even backed up with the door open and all it said on the display and EVIC was "you are not in park " Which was some thing new..
Why would you NOT get it.... ? If it has to do with safety and it doesn't disrupt normal functions, I see no reason....
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