This is unbelievable, the dealership is playing games.

[mazing]

Originally Posted by husan786

This is westchester bmw

I used to live in Yonkers, Westchester BMW is a factory strore (for what its worht and they suck) Try Pace or BMW Hudson Valley, you may have better luck.

[Nelrock]

Originally Posted by husan786

Gave a letter to the dealership requesting a proof of abuse in written and still they havent return back to me. I went in last week to talk to the GM and he had no idea what to say. They accused me now for over-reving the engine by downshifting while my engine is perfectly fine? doesnt make sense. I tried argueing but they kept on saying that they cant do anything cause a bmw engineer came to take a look at it and he is the one you subjected it to be abused and they cant overrule it? They are clearly BSing me . should i take to another dealership or Continue with getting a lawyer?

What a load of crap.
These cars are advertised as high revving. Like you said, it's governed to prevent over-revving.

Unless there's something you've held back...I'd get a lawyer.

[husan786]

if i take it too a different dealer. would they deny it by just checking in their system or would they check everything before coming to a conclusion? Westchester bmw hasnt gave me anything in writing yet

[Greeney]

Originally Posted by husan786

This is westchester bmw

Try Pace BMW, I converted from Westchester after a similarly shitty experience.

[Greeney]

Originally Posted by husan786

if i take it too a different dealer. would they deny it by just checking in their system or would they check everything before coming to a conclusion? Westchester bmw hasnt gave me anything in writing yet

I wish I could find you the link about my old E92... Basically I had similar dealer / warrenty issues. I finally brought it to Pace and they helped me out of the vehicle. So give it a shot, WBMW is usually crap.

[Pointerman]

Change in dealer is not going to solve his issue at this point. BMW has been involved and they are the ones voiding his warranty. That record will follow him to a new dealer.

Help me out here. I am assuming this is a manual transmission. Does the rev limiter work when down shifting in a manual? I know my brother's GT3 will over-rev when down shifting. You can pull a report off the car to determine how many times and to what level the over-revs have occurred.

[tlp]

Incorrect downshifts can always provoke a mechanical over-rev with MT cars. It's usually called the "Money Shift" when there is a engine failure.

[1Sleeper]

I go to BMW Mt Kisco. Good guys for me anyway. I would have to agree with the above though. Once BMW corp. has gotten involved, I am sure its documented in the system. At the very least they should be evidencing their conclusions. There has to be a printout of the over rev event. Sounds like if in fact you havent done anything to really harm your car, you should defend yourself and your investment. If it was a "money shift" it could cost you a big stack of pennies to fix it.

[Pointerman]

I'd put money that there was at least one over-rev on a downshift and that is what they are claiming as abuse. Engine may not be the weakest link in the car in that situation. The rear end may be the first link to break which is what you are experiencing.

[husan786]

When i asked the dealer for the report they said they have no access of it because bmw came in and they took pictures and scaned the car and took the reports with them. They have no item to check the computer of how i overeved it? they must be kidding me? This situation is really getting on my nerves because they are clearly bsing me. I havent had no response from them. Im 100 percent sure i didnt over rev the car because i dont downshift unless its neccesary, thats why im asking for the evedence

[Scoobe]

Originally Posted by husan786

When i asked the dealer for the report they said they have no access of it because bmw came in and they took pictures and scaned the car and took the reports with them. They have no item to check the computer of how i overeved it? they must be kidding me? This situation is really getting on my nerves because they are clearly bsing me. I havent had no response from them. Im 100 percent sure i didnt over rev the car because i dont downshift unless its neccesary, thats why im asking for the evedence

The car has a rev limiter. Can't "over rev" the motor like the old days. I saw an 88 Z28 piston blow through the hood because the guy got his cowboy boot jammed under the brake with his toe depressing the accelerator. It happened in all of about 6 seconds and was quite impressive. But these new cars are electronically limited. They will bounce past the redline but for only a split second. He must be talking about over rev during break in which the computer print out will show. Thats the one thing about the break in period, it seems to be an excuse for BMW if anything ever goes wrong.

But its not the motor thats busted here. I think you should follow the advice of other posters and try a different dealer. I think this dealer is feeding you a load of BS. And while yes, they do get paid for warranty work, they can certainly over charge a customer for non-warranty work. BMW only pays so much and are very strict on what they pay for and for how much. The dealer can gouge customers all day on work not related to warranty. So take it to a different dealer in my opinion.

[Seattle S65B40]

Originally Posted by Scoobe

The car has a rev limiter. Can't "over rev" the motor like the old days. I saw an 88 Z28 piston blow through the hood because the guy got his cowboy boot jammed under the brake with his toe depressing the accelerator. It happened in all of about 6 seconds and was quite impressive. But these new cars are electronically limited. They will bounce past the redline but for only a split second. He must be talking about over rev during break in which the computer print out will show. Thats the one thing about the break in period, it seems to be an excuse for BMW if anything ever goes wrong.

But its not the motor thats busted here. I think you should follow the advice of other posters and try a different dealer. I think this dealer is feeding you a load of BS. And while yes, they do get paid for warranty work, they can certainly over charge a customer for non-warranty work. BMW only pays so much and are very strict on what they pay for and for how much. The dealer can gouge customers all day on work not related to warranty. So take it to a different dealer in my opinion.

Rev limiter is irrelevant in the case of mechanical overrev arising out of a downshift aka money shift. Surely, this is not news to you Scoobe, but as for others that may not know, the the vehicle speed is beyond the threshold for that gear. So say youre doing 80 and you shift to second (redline in second corresponds to 72 mph), if the gear is engaged at that road speed, the corresponding engine speed will be beyond the redline, probably close to 9000 rpms. The rev limiter is unable to do anything to save the car at that point.

[Nelrock]

Originally Posted by Seattle S65B40

Rev limiter is irrelevant in the case of mechanical overrev arising out of a downshift aka money shift. Surely, this is not news to you Scoobe, but as for others that may not know, the the vehicle speed is beyond the threshold for that gear. So say youre doing 80 and you shift to second (redline in second corresponds to 72 mph), if the gear is engaged at that road speed, the corresponding engine speed will be beyond the redline, probably close to 9000 rpms. The rev limiter is unable to do anything to save the car at that point.

I'm sure we all like hearing our engines roar...but...I have a problem with "abuse". Why would somebody repeatedly do what you just described? To me that would be abuse.
I'd still get a lawyer. Seems to me the burden is on BMW to prove abuse.

[Seattle S65B40]

Originally Posted by Nelrock

I'm sure we all like hearing our engines roar...but...I have a problem with "abuse". Why would somebody repeatedly do what you just described? To me that would be abuse.
I'd still get a lawyer. Seems to me the burden is on BMW to prove abuse.

Yes, i agree. BMW does have the burden of proof and this dealership, as an agent of BMW, is giving the OP the run around. If it were me, I would have filed suit againt BMW NA and this dealership for breach of warranty a week ago. I bet the car would be getting repaired as we speak.

At any rate, if BMW indeed has proof that OP overreved in this manner, and more than once, he's F-ed.

Originally Posted by husan786

i did not drive the car hard at all . I had it for two months and it only has 3000 miles on it. The service manager told me the took pictures of the damage and read the blackbox which showed that i over reved the engine numorous times? makes no sense to me because the car has a rev limit and the engine they said was perfectly fine?

Originally Posted by husan786

Gave a letter to the dealership requesting a proof of abuse in written and still they havent return back to me. I went in last week to talk to the GM and he had no idea what to say. They accused me now for over-reving the engine by downshifting while my engine is perfectly fine? doesnt make sense. I tried argueing but they kept on saying that they cant do anything cause a bmw engineer came to take a look at it and he is the one you subjected it to be abused and they cant overrule it? They are clearly BSing me . should i take to another dealership or Continue with getting a lawyer?

Either we don't have all the facts, or BMW is messing with the OP. I don't see why the computer would give a false reading to this effect. If they don't produce said readings however, then you have a serious claim against both.

[JCtx]

Originally Posted by tlp

Honestly, what info/data does BMW have or what are you not disclosing that would allow them to arrive at that decision.

That's always my point on threads like this. It's obvious OP is not going to admit to abuse on a public forum, so all comments are based on one-sided information. Only objective information from the 'other side' is hard data, and if the DME is showing overrevs (yes, you can overrev a manual), plus suspension modifications, OP is f***ed. No jury is going to rule in his favor, so he'd be wasting his money on a lawyer IMO. Plus I'm sure the BMW tech has more evidence of abuse; OP just don't know (or pretend not to know) what it is. Some folks think abuse doesn't leave a trace; they're dead wrong . Furthermore, if car was driven after finding a bolt broken (not clear on the first post), that'd be negligence, which is a form of abuse.

Wish OP the best, but without the full truth, all the advice he's getting here is worth crap. And the dealer is getting unfair criticism. Have a good one folks.

[Small Yellow]

Originally Posted by Kiemyster

^^^ I certainly hope not.... Thank god my own has been going strong, but its still under 8k miles. Wont be letting her past 20k miles in the next 4 years, thats for sure.

shiit.... I drove like 17k in the span of 4-5 months.

[sameh]

Dude. Enough is enough with your dealer. As long as they haven't heard from a lawyer they are not losing anything by BSing you. Whatever you've done with them so far is enough. Get your ducks in a raw. Print out any emails/letters/phone anything, collect all the documents and your next step is finding an appropriate lawyer. Anything else is waste of time.

[sameh]

I'm not buying any of that over revving B S. I didn't read all the posts but I'm assuming your car is DCT. If it is, you can't over-rev it in any gear and you can't do a money shift either cause it won't allow you to downshift to any gear that would over rev the engine.

[Greeney]

Each dealer can file their own appeal regardless of BMWNA. Just try it, I've gone through it.

[husan786]

I am really fed up with their bs. The car was never over-reved I know how to drive a manual from bikes to trucks. I asked them for everything in writing because im sure they are bsing me. Im going to take me car to park ave bmw and see what they say

[Nelrock]

Originally Posted by Wall$treet

Unfortunately the burden is on the owner as bmw can (and has) deny anything they want. People mis intrepret the magmus whatever law into thinking they can mod the car with anything and they cant deny a claim if it was nto directly deemed to have caused it. While partly true, the dealer has the right to not give warranty if you also did anything out of their recs such as overrev the car or rev during break in.

Oviously the over rev is not causing the rear end failure but it is a sign of abuse and evidence that likely the rear end was driven in an abusive fashion.

It should be that bmw has to prove the burden but in reality it is not-and that is where we live, in reality

If BMW is denying warranty for what they deem as "abuse"...they have to explain/prove how they came to that determination.
"Because" isn't going to work in court. A judge will determine whether or not it's abuse...not BMW.

[MysticBlue]

Originally Posted by Scoobe

The car has a rev limiter. Can't "over rev" the motor like the old days. I saw an 88 Z28 piston blow through the hood because the guy got his cowboy boot jammed under the brake with his toe depressing the accelerator. It happened in all of about 6 seconds and was quite impressive. But these new cars are electronically limited. They will bounce past the redline but for only a split second. He must be talking about over rev during break in which the computer print out will show. Thats the one thing about the break in period, it seems to be an excuse for BMW if anything ever goes wrong.

Dude, really? You think that because these newfangled modern cars have electronic rev limiters that they can't be overreved? If you don't understand the simple concept of a downshift overrev, you shouldn't be contributing. Nor should you be driving a manual.