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Toyota Previa - black transmission fluid - JBrown

My automatic transmission needs a complete reconditioning. The gear box was dismantled at a specialist transmission place and they reported that the fluid was black, burnt, smelly & low. A full exam showed the direct clutch had failed due to loss of hydraulic pressue through the direct clutch teflon sealing rings. The warranty company sent their own inspectors to write a report and this says there was no mechanical failure and it was expected wear & tear on a vehicle of this age - enabling the warranty company to get out of paying for any repairs. But they also said they were unable to examine the fluid as it had already been drained. Did the fact that the fluid was black & smelly and at a low level make any difference? ie did this cause the subsequent damage to the transmission? Or would general wear and tear on the transmission cause the fluid to degenerate? How long does it take for fluid to get like this and damage the transmission?
I only had the car for under 2 months!

Toyota Previa - black transmission fluid - Cyd

Presume we're talking auto box here??

Most auto boxes need to have their fluid changed at prescribed intervals. Black fluid is a sure sign the fluid has been in there way too long and has been overheated due to this and the level being low. This is almost certainly an issue with poor servicing.

It is defo NOT wear and tear. Auto boxes, properly looked after should be able to achieve sky high mileages.

Whether this is enough for the warranty company to escape liability is another matter. I'd recommend an engineers report and seek advice from a solicitor with a view to taking the warranty company or dealer to the small claims court.

"they also said they were unable to examine the fluid as it had already been drained"
of course it had!!! Draining the fluid is the first thing anyone would do before removing any gearbox!!! Perfectly normal proceedure. You're being fed BS of the smelliest