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We all want Honda to fix every problem we have by means of a recall. Unfortunately there are probably hundreds of reasons why a car can have a misfire. This is exactly why dealerships don’t like average people to have access to recall information. When I was a service manager I can’t tell you how many people came in demanding that we fix their car under some recall that had nothing to do with their vehicle and then went on to call the owner of the dealership, then the zone office and on and on up the ladder. Honda has very strict rules about what can and cannot be fixed under a recall. If a Honda dealership fixes anything as a recall that is not a recall, they will get charged back by Honda.

Your question: My question is, if there is a recall and a lawsuit, and my engine keeps misfiring why won't they fix it when they know what needs to be repaired?

The answer is: Lots of engines misfire for all sorts of reasons. If your vehicle needs repair, take it to the Honda dealer and ask them to fix it. If you continue to allow the misfiring, you are likely going to do more damage such as a catalytic converter.
 

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JOsworth – good points. I think we can all agree on what the first step is:

Find out what the code is!

There will most always be a code in memory (even if your check engine light is off). Many auto parts stores for FREE will plug in and read your codes. Once we know what the code is, we can then move to step two.

Keep in mind that knowing the code does not always solve the problem. The code points you in the direction of the problem. For example you could have a code that says Misfire cylinder #2. Well, is that a VCM misfire? A faulty spark plug? Or one of many other issues. The point being: trouble codes point to the fault, but not always the problem.
 

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A miss can occur without setting a code. Your OBDII does not have sensors on everything on your engine. If you have poor fuel in your car. It is possible that this will not set a code. Some vacuum leaks will not set a code. Basically, your engine will set a Diagnostic Trouble Code (DTC) if the misfire rate exceeds a certain value that may cause emissions to increase.

Random misfires are another type of misfire that can be hard to nail down. Random misfires that jump around from one cylinder to another may be caused by a lean fuel condition or a weak spark. The challenge here is figuring out what is upsetting the fuel mixture or robbing the spark.

The underlying cause is often a vacuum leak in the intake manifold or one behind the throttle body that allows unmetered air to bypass the air flow sensor. A lean misfire can also be caused by an EGR valve that is leaking or not fully closing due to carbon deposits under the EGR valve seat. There are many other possibilities too.

Let me ask a few questions that can help diagnosis:

Has the misfire happened over various fuel tanks of gas? Are you getting your fuel from a reliable source? Do you put any additives in the tank?

Has any work been done on your vehicle? Tune up? Fuel filter? Air Filter? Plugs? Or anything else? If so, who did the work?

What is the VIN of your vehicle? So we can check specific TSBs (Technical Service Bulletins).

Have you noticed specifically when the misfire occurs? At what speed? Going uphill or downhill? With a load on the engine? During a rainstorm? Etc. Etc.

How many miles on your vehicle?

Who services your vehicle on a regular basis? The dealer, independent garage, or someone else?

This should be a good start.

NOTE: Honda dealers are obligated to check every Honda vehicle and perform a recall on any Honda that the factory states requires a recall performed. There are very strict rules and legal liability should Honda fail to perform a recall. For example: If you get into an accident because Honda failed to perform a recall, then the dealership could be liable. Honda wants all cars to get the recalls they need and the Honda dealership gets paid by Honda for performing these recalls. This is why if you come in for just an oil change, they will scan your Honda vehicle to see if there are any outstanding recalls so that they can perform the recall. I cannot think of ANY reason why ANY Honda dealership would not want to perform a recall. Again, from what I have seen, every Honda dealership goes out of their way to perform ALL the recalls on every Honda vehicle.

I remember once when I was working for Pontiac, a Fiero came in for an oil change. No different than Honda, we were obligated to scan this vehicle for recalls. This vehicle had a long list of recalls. This customer was in our service department for two days while we performed all the recalls. Because these were safety recalls, we were not allowed to let him drive the vehicle away until we performed these recalls. We did put him into a rental vehicle. He came in for only an oil change but left with over $3000 of parts and service on his vehicle because of a recall. All manufacturers have the same policy about recalls.
 

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I checked your VIN and there are no active recalls currently for your vehicle.

My suggestion would be:

If your tune up was done in the last 12 months or 12,000 miles, I would return back to whoever did it and ask them to recheck things and look for a misfire. Normally most shops warranty their work for 12/12, but you would need to check your receipt or the shops website to see their actual warranty. Then again, the misfire could be something unrelated to the work they did. A common misfire at highway speeds can often be caused by as something as simple as a partially clogged air or fuel filter. When not quite enough air or fuel can get through at highway speeds, the vehicle will misfire.

If it has been longer than 12/12, then I would suggest that you take it to the Honda dealer and ask them to diagnose it and then you can decide whether or not to have it repaired. Yes, you will likely need to pay for the diagnosis, but often they will apply that charge to the repairs, should you wish to have it repaired.
 

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A fair question:

Honda is not in the guessing game. What would happen if the service tech spent 8 hours and hundreds of dollars on parts “trying” to fix your vehicle and the problem is still there? You obviously would not be happy. We use to get customers coming in with intermittent problems. They would be upset when we could not duplicate the problem. How much time (which is another word for money) should we spend to try and find the problem? The factory warranty will not give the dealership unlimited amounts of time (money again) to search for these types of problems. We understand that the customer is not making up these things, but I remember once a woman brought in a vehicle for a popping sound at 40 mph. Turns out after spending many hours on this vehicle it was a pencil stuck in her defroster duct causing the noise. Vehicles are designed to keep track of backfires and other problems to help the technician find the problem. There is gray area where some backfiring is normal due to poor gas, slightly worn parts, or other problems. Honda can only tell these customers to keep driving the vehicle and it will either go away, like a tank of bad gas, or it will get worse and set a code. At that point with a code, they can now try and determine the problem.
 
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