Blown engines based on model year

[Umi|all|day]

Yeaaaa -1 didn't read it correctly as well. I was just so excited to vote.

[Rahstar]

Originally Posted by m3m3mr

It's not like this is a criminal case and you have to prove it beyond a reasonable doubt. Only need your proof to be 51% to 49% and you win. Another possibilty is I've read about several cases where the big company's lawyer came unprepared or asked for continuations and the judge threw the book at them without really even getting into the substance of the case. Good for you for pressing forward.

Thanks for the vote of confidence, I appreciate it. I'm throughly prepared, I really wish BMW would just good will me a new motor. As the service manager stated "a new s65 engine would be a drop in the bucket for BMW to replace"

[Rahstar]

Originally Posted by e90m305

This. And there were very few 2009 and 2012 model years sold. We should take these numbers and divide by the number sold to come up with a percentage of failure per model year.

I suck @ math, but oh ya. Your absolutely right.

[Rahstar]

Originally Posted by pbonsalb

Hopefully the affidavits will be accepted at trial. Normally witnesses must be available for cross examination. BMW could file a dozen affidavits from engineers. I see two avenues. One, you prove you alerted BMW to the problem while under warranty but they misdiagnosed. Two, defective product. Given that 98% of cars do not yet show any issues 3-8 years after being made, this will be tough. CPA law is great if you can make sonething stick -- you get attorneys' fees. Let us know the results.

will do. Thank you, small claims operates a little bit differently when it comes to attorney's fees, affidavits & things of that nature.

[Rahstar]

I've just returned home from the BMW dealer today. I had an interesting conversation with the head mechanic who initially diagnosed my M3. I was attempting to collect as much history & info as possible about my vehicle from BMW. He acknowledged my claim, & was very well aware of s65 & s85 clearance issues, but all was very tight lipped. No one was willing to put words in writing for fear of reprocutions by BMW. Mechanic believes I have a strong case. If I want to get any records/history i have to submit a subpoena.

[pbonsalb]

Originally Posted by Rahstar

will do. Thank you, small claims operates a little bit differently when it comes to attorney's fees, affidavits & things of that nature.

Maybe, depending on jurisdiction. I have practiced law for only a little over 20 years and only in one state, and dont file more than about 20 small claims/district court complaints a year so this is out of my area of expertise.

[oolas3]

Originally Posted by pbonsalb

Maybe, depending on jurisdiction. I have practiced law for only a little over 20 years and only in one state, and dont file more than about 20 small claims/district court complaints a year so this is out of my area of expertise.

Not trying to doubt you, honest question here: What's the purpose of small claims court then if the rules aren't less formal than regular court? I thought small claims was designed to be informal with less procedural hoops?

[Rahstar]

Originally Posted by m3m3mr

Not trying to doubt you, honest question here: What's the purpose of small claims court then if the rules aren't less formal than regular court? I thought small claims was designed to be informal with less procedural hoops?

Correct.

[pbonsalb]

Originally Posted by m3m3mr

Not trying to doubt you, honest question here: What's the purpose of small claims court then if the rules aren't less formal than regular court? I thought small claims was designed to be informal with less procedural hoops?

There are less procedural hoops. As I wrote, I dont know how your jurisdiction works. Maybe its no witnesses and 15 minutes each side to move things along.

But is it fair for you to bring in a bunch of affidavits instead of witnesses? The court needs to determine their credibility and BMW needs to be able to question them on what they say? BMW could come in with 100 affidavits. The judge may accept them, but the weight given to them should be much less than live witnesses. This is really a case that requires expert testimony.

I hope you win. I am a supporter of changing rod bearings and changed mine. I think something is incorrect in these engines or in the extended service intervals BMW specified or in the oil weight BMW specified. But it's a tough case when you don't have experts who can be cross examined in court so the judge can make an informed finding. It's really a case of put of warranty failure and it's not like it's a short warranty -- it's 4 years. And failures are not widespread.

I like the angle of bringing it in to have an engine sound diagnosed and the motor fixed under warranty, but BMW incorrectly diagnosed it. I assume the BMW service manager will be there to try to refute that.

Tough case. Let us know how it turns out.

[Rahstar]

We won ! Thank God ! BMW didn't even appear in court. If they so choose, BMW has 30 days to make a motion to vacate this decision. Im meditating on all to go in my favor with whatever task @ hand. Judge stated that I totally proved my case beyond a shadow of a doubt.

The journey is far from over, but I'm on my way.
I'll keep you posted. Thanks for your support !

[pbonsalb]

That is a surprise that BMW did not appear. Maybe it decided the $10k jurisdictional limit of small claims court was a good compromise since it would have cost them $20k to replace the motor. Anyway, congratulations!

[Rahstar]

Originally Posted by pbonsalb

That is a surprise that BMW did not appear. Maybe it decided the $10k jurisdictional limit of small claims court was a good compromise since it would have cost them $20k to replace the motor. Anyway, congratulations!

Thanks, I appreciate it.

[SDPLV]

Originally Posted by Rahstar

We won ! Thank God ! BMW didn't even appear in court. If they so choose, BMW has 30 days to make a motion to vacate this decision. I hoping things go in my favor with whatever task @ hand. Judge stated that I totally proved my case beyond a shadow of a doubt.

The journey is far from over, but I'm on my way.
I'll keep you posted. Thanks for your support !

Now you can help write a manual for when the rest of our rod bearings go to crap on us.

Could BMW having shown up in court and losing set an example case for the class action that was filed elsewhere and is still ongoing? Maybe they were gearing up against that and felt it wasn't worth going after here.

[jt10mc]

Originally Posted by Rahstar

We won ! Thank God ! BMW didn't even appear in court. If they so choose, BMW has 30 days to make a motion to vacate this decision. I hoping things go in my favor with whatever task @ hand. Judge stated that I totally proved my case beyond a shadow of a doubt.

The journey is far from over, but I'm on my way.
I'll keep you posted. Thanks for your support !

CONGRATS!

I love my M3 and plan to stroke it (I know costly) it just flabbergasts me that BMW 1) didn't make their most iconic known car a little better 2) totally refuse to ever acknowledge that there are issues with their S85/65 engines and it is a very SIMPLE fix.

Keep us posted.

[Rahstar]

Originally Posted by SDPLV

Now you can help write a manual for when the rest of our rod bearings go to crap on us.

Could BMW having shown up in court and losing set an example case for the class action that was filed elsewhere and is still ongoing? Maybe they were gearing up against that and felt it wasn't worth going after here.

Appreciate it, I'm contemplating my next plan of action. I see this process as maybe being ⅓ resolved. I'll keep you posted & thanks again.

[Sneaky Pete]

Originally Posted by SDPLV

Now you can help write a manual for when the rest of our rod bearings go to crap on us.

I was going to post the same.
A template for a small claims case based on your experience would be a very helpful resource.

[pbonsalb]

Unfortunately, this template is for an uncontested small claims case. The plaintiff nearly always wins when the defendant fails to show up. I think the defendant could have presented very good arguments in its defense. It is definitely speculation to say that BMW did not appear because it would have lost if it did. I think it is more likely BMW would have won had it defended the case.

[///M Power-Belgium]

Originally Posted by Rahstar

We won ! Thank God ! BMW didn't even appear in court. If they so choose, BMW has 30 days to make a motion to vacate this decision. Im meditating on all to go in my favor with whatever task @ hand. Judge stated that I totally proved my case beyond a shadow of a doubt.

The journey is far from over, but I'm on my way.
I'll keep you posted. Thanks for your support !

Congrats !
Think BMW was afraid to come to court for the worldwide number of replaced S65's and S85's caused by bearing failure..
Because that number is skyhigh..and proves everything !

[SDPLV]

Originally Posted by pbonsalb

Unfortunately, this template is for an uncontested small claims case. The plaintiff nearly always wins when the defendant fails to show up. I think the defendant could have presented very good arguments in its defense. It is definitely speculation to say that BMW did not appear because it would have lost if it did. I think it is more likely BMW would have won had it defended the case.

Speculation works both ways.

[pbonsalb]

No defense is no defense. Pretty much automatic victory. The car was out of warranty. No proof of a defect. 99% of cars are just fine. This is really a battle for experts in grown up court. Hopefully it will take place in the class action case, but those cases often end with lawyers getting paid and plaintiffs gettin a coupon for a discount on something. I truly hope there is a trial on the merits and BMW loses and we all get rebuilt engines, but this uncontested small claims case tells me nothing about what might happen in a case where BMW brings in its experts and the facts are actually litigated.

[Rahstar]

Originally Posted by pbonsalb

No defense is no defense. Pretty much automatic victory. The car was out of warranty. No proof of a defect. 99% of cars are just fine. This is really a battle for experts in grown up court. Hopefully it will take place in the class action case, but those cases often end with lawyers getting paid and plaintiffs gettin a coupon for a discount on something. I truly hope there is a trial on the merits and BMW loses and we all get rebuilt engines, but this uncontested small claims case tells me nothing about what might happen in a case where BMW brings in its experts and the facts are actually litigated.

Thanks SDPLV, you are absolutely correct. Speculation works both ways. I want what I'm entitled to, no more no less. I'm not really concerned w/experts blah blah blah...You have an odd way of seeing real truth & reprisal pbonsalb, I wish you well in life Bruh. Lol. The fact still remains; for whatever reasons, I'm grateful to have won my case. Appreciate all who have chimed in w/positive support. I'll provide details @ the end of this process. Thank you.

[pbonsalb]

I dont know what you mean by real truth and reprisal. I think you have it half right. I dont see real truth being found and decided in your case. Reprisal, yes -- you sued BMW for a wrong you believe BMW has done to you.

I have done this sort of thing enough to have a realistic real world view of it. An uncontested case means nothing, unfortunately, in terms of finding the truth. That is the ultimate goal. I changed my rod bearings 2 years ago because I believe there is an issue with some of these motors. At the same time, I accept that BMW disagrees and wont accept responsibility for out of warranty failures let alone premature wear until the problem is proven to be a design flaw, which is a challenge when 99% of the cars are fine so far. We need a case to be litigated by both parties in order for the truth to be found or for BMW to take responsibility in a settlement. Maybe the class action case will be it.

I think it is great you won $10k. But it is essentially a default judgment that helps only in your particular case and is not precedent that will help determine whether BMW designed these motors wrong.