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      06-07-2013, 01:27 PM   #71
dmppdx
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Drives: 2011 E90 M3
Join Date: Nov 2011
Location: PNW

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Quote:
Originally Posted by mhabs View Post
Agreed. In this case the warranty would be denied and end of story. No fraud claims, no lawsuit, no BMW going after you, etc.

In a perverse way, if BMW actually believed the rod bearings were an issue/defect (and they would not disclose this to the public if in their mind the issue is in 'insuffient numbers') you may be surprised on what may actually get covered if escalated beyond the dealership level. Even the threat of discovery of an issue where there is sufficient evidence could be used as ammunition by other parties not runing S/C's and having issues with stock engines beyond the warranty period. With large corporations is much more than the corporation vs "one guy who put on a supercharger" individual battle. If they're smart about this stuff, they would take this bigger picture into account in their decision making.
From a bigger picture perspective they probably don't want to routinely cover blown engines to heavily modded cars since that will encourage more people to do things like put SC on them and push the limits of what the engine is designed to handle and soon having blown engines will become much more comman regardless of whether there is a design flaw with them at all.

Is there a design flaw? Maybe, but to actually have proof legally of that probably requires showing that many non-modified cars have had failures and it doesn't seem that is the case so far, or paying huge fees to an appropriately qualified experts with engineering backgrounds to perform the research and testify to this, which for one individual, wouldn't be anywhere near cost effective since that would cost way more than a new engine.
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