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      12-19-2010, 12:28 AM   #45
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Quote:
Originally Posted by foosh View Post
I assume you didn't miss the first post, where he drove into a flood. From the initial post, it sounds as if the car was essentially trouble-free until it's trip into a pond.

None of the repairs were warranty-related, but flood damage-related, thus, BMW-NA is not responsible. BMW can take action against the dealer for failing to uphold their maintenance stds. (unlikely), but legally, they are not responsible, in any way. Dealers are independent franchises, and his issue is with the dealer, but you're right that it sounds like it is time to involve expert counsel, who will aim at the correct target.

As other have said, that noise coming from the engine in the video you posted is just not normal. It does sound like engine internals were damaged, likely as a result of water ingestion. On the other hand, oil all over the engine compartment has also happened to many others because a dealer failed to properly seat the oil fill cap.

I'm sorry for your troubles, but lemon laws do not apply to cars as a result of accident damage.
Oil Fill cap was on correctly, im positive of it. The mechanic showed me that it had to be something that broke/popped, thus leaking oil everywhere.
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      12-19-2010, 12:34 AM   #46
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Quote:
Originally Posted by foosh View Post
I assume you didn't miss the first post, where he drove into a flood. From the initial post, it sounds as if the car was essentially trouble-free until it's trip into a pond.

None of the repairs were warranty-related, but flood damage-related, thus, BMW-NA is not responsible. BMW can take action against the dealer for failing to uphold their maintenance stds. (unlikely), but legally, they are not responsible, in any way. Dealers are independent franchises, and his issue is with the dealer, but you're right that it sounds like it is time to involve expert counsel, who will aim at the correct target.

As other have said, that noise coming from the engine in the video you posted is just not normal. It does sound like engine internals were damaged, likely as a result of water ingestion. On the other hand, oil all over the engine compartment has also happened to many others because a dealer failed to properly seat the oil fill cap.

I'm sorry for your troubles, but lemon laws do not apply to cars as a result of accident damage.
I did miss it my bad

In that case, the only thing OP should do is get legal counsel. This car is going to have problems galore if water ingestion into the engine occurred and by the sound of it, there are a lot of problems already.

This is a hairy situation and regardless of the dealer vs. the customer vs. the insurance company scenario, the OP is being grossly inconvenienced not to mention financially responsible for a car that is having major problems and will probably continue to have major problems in the future.

OP, get a lawyer, try to get rid of this car somehow.
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      12-19-2010, 01:06 AM   #47
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Quote:
Originally Posted by jojogoya88 View Post
Oil Fill cap was on correctly, im positive of it. The mechanic showed me that it had to be something that broke/popped, thus leaking oil everywhere.
In that case, the engine likely experienced water ingestion. You clearly seemed to realize that that the grinding noise so apparent in your video was not normal. That was a a metal on metal sound, which strongly suggests internal engine damage, and I assume it wasn't there before you went underwater.

While your treatment by the dealer sounds horrible based upon your account, I'm not sure they are the only guilty party here. Your insurance company may have fingerprints on this too. However, I would have hoped that the dealer would have suspected the possibility of engine damage, checked for it, and communicated that to you, as well as any indication that your insurance company was balking.

The dealer was clearly awful in communicating with you openly and honestly, but you should also suspect that your insurance company may be trying to escape on on the cheap. A lawyer can help you with that. If an engine replacement was required it would have been very close to a total.
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      12-19-2010, 01:48 AM   #48
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I agree 10000% with foosh and if this was my car I'd do everything in my power to have it totaled. Not to mention an engine replacement is probably $25-35k.

Get a lawyer, take care of it. Insurance company is liable to repair your car to pre-accident condition and they have to, by law and under their policy, do whatever they have to do in order to meet those conditions.

Good luck
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      12-19-2010, 02:33 PM   #49
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Im having trouble finding BMWNA cusotmer service number. Anyone have it off hand?

---When i talk to them, should i tell them everything from the very beginning but on a simpler level (not too much detail)?
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      12-19-2010, 05:12 PM   #50
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Quote:
Originally Posted by jojogoya88 View Post
Im having trouble finding BMWNA cusotmer service number. Anyone have it off hand?

---When i talk to them, should i tell them everything from the very beginning but on a simpler level (not too much detail)?
Dude, they don't care. The car has water damage not caused by an mechanical or factory situation. BMW gave you fully working car in pristine condition, it's not their responsibility if something happens after the fact that is not related to the manufacturing process.

Stop wasting your time and get a lawyer otherwise you are going to drag this out to no end with constant headaches.
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      12-19-2010, 05:19 PM   #51
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Quote:
Originally Posted by kaykay View Post
Dude, they don't care. The car has water damage not caused by an mechanical or factory situation. BMW gave you fully working car in pristine condition, it's not their responsibility if something happens after the fact that is not related to the manufacturing process.

Stop wasting your time and get a lawyer otherwise you are going to drag this out to no end with constant headaches.
+1

good luck man
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      12-19-2010, 08:31 PM   #52
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Unbelievable - really feel for you OP.
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      12-19-2010, 08:57 PM   #53
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ok buddy take notes:

1. Call bmw na explain situation EVERYTHING... get "Paul" fired, he doesnt deserve the job. Atleast spread the word that because of this dealer youll never purchase another bmw, theyve summarized how bmw treats their customers. Eventhough they are independently owned, they are under bmws full control.

2. Get a lawyer and have the car totalled, theres such thing as "rejected repair" (i know because my dad has a business where we deal with insurance companies). You, me , and everyone else doesnt need this kind of shit especially paying 60-70-80k for these cars.

3. UNBELIEVABLE, some sa's dont know SHIT

So many stories of crashed m3's and stuff lately, im scared to drive my car
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      12-19-2010, 10:08 PM   #54
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Quote:
Originally Posted by jojogoya88 View Post
Hey but hes got a nice framed certificate congratulating him on being an outstanding employee for 5 years!
Wouldn't be the first time someone in a service industry did a sh*tty job, but you find out later that he got promoted.
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      12-20-2010, 07:58 PM   #55
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Got a call today from Paul and insurance. Insurance couldn't believe my car was back at BMW again, they didn't say much. On the other hand, Paul couldn't express how sorry he was for everything, and promised he would give a call back at the end of the day letting me know what the deal is.

Sure enough, got the call back, only to be told that there was NOTHING WRONG WITH THE CAR! Paul said there was absolutely nothing wrong, and the oil cap was just loose....

I basically told him that its been way too long without my car, and when i come in there tomorrow, im going to test drive the car with a technician to verify everything is ok. I asked about the metallic grinding/rubbing noise and he said there was nothing there. Could this all be because my oil was topped off too high? In conclusion to our conversation, i just reassured him that there BETTER not be any problems when i go in tomorrow. My fingers are crossed.


Will update tomorrow

Thank you everyone for your help so far. Appreciated.
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      12-20-2010, 08:27 PM   #56
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Quote:
Originally Posted by SehrSchnell View Post
Man, I feel really bad for you! Good luck! I keep my fingers crossed for tomorrow.
thank you!

ALLL I WANT TO DO IS INSTALL MY MESITERCHAFT LX X pipe and and GUTTED PRIMARY CATS!!!!
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      12-22-2010, 04:34 AM   #57
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So i went over there yesterday afternoon. I requested to take a ride with a shop tech to go over the car. I get in the car, start it up, and the sound from the engine is still there. I pop open the hood (and the engine bay is clean...per my request) with the shop tech foreman (this guy Joe, who is extremely nice and knowledgeable).

He said it sounds like a pulley/belt, and that something could possibly be rusted because of the salt from water damage. He reassured me that he would take in the car right after i left to let it cool down and find out what it was as soon as possible. After the test drive, the sound diminished quite a bit. Popped open the hood and there was a drop of oil coming from the cap. The Tech said he would check that out too and replace it no problem.

So i should get a call today, crossing my fingers, because i want to get this car back and install this exhaust. I just hope Paul does something so that if we were to go through insurance AGAIN for any parts needed...that my car would come back within a reasonable time.

thanks
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      12-22-2010, 11:49 AM   #58
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That's just crazy. Good luck, hope they finally fix your car soon.
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      12-22-2010, 12:54 PM   #59
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Why have you not escalated this matter sooner with the service manager, or owner of the dealership?
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      12-22-2010, 04:58 PM   #60
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Picking up car tomorrow, they overnighted a alternator....old one went bad.
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      12-22-2010, 06:10 PM   #61
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my grandmother crashed her car when she lost traction on some leaves in the middle of the turn on the exact same exit like 5 years ago. its a really dangerous exit.
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      12-24-2010, 08:18 AM   #62
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Got car Back yesterday, installed mesiterschaft straight pipes with my Remus race. The car Is indescribable, it's speechless, and comparable to a mix between f1 and NASCAR. Check photo/video section for thread later.


They replaced alternator, and car is back to normal. When my shop changed out the exhaust, there was oil leaks from a few places...coming from inside the stock pipes. Called up service advisor and told him what I'm doing and he said it shouldn't void a warranty. Oil is probably jut the old oil that was sitting in the engine bay. No idea how it got inside the engine, that will be a mystery. Anyways, thanks everyone. I'm a happy camper now.
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