BMW M3 Forum (E90 E92)

BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read


Go Back   M3Post - BMW M3 Forum > M3 (E90 / E92 / E93) > General M3 Forum (E90 + E92 + E93)
 
GTB Performance
Post Reply
 
Thread Tools Search this Thread
      12-19-2010, 01:25 AM   #45
foosh
Major
 
foosh's Avatar
 
Drives: 2008 M3 E93
Join Date: Mar 2009
Location: Annapolis, MD

Posts: 1,314
iTrader: (0)

Quote:
Originally Posted by kaykay View Post
OK, I've glanced over this thread:

1) Call BMW NA ASAP and have them write you a check for $5-$10,000 for the 3-month+ inconvenience, problems, headaches, negligence, safety concerns, etc. Threaten them with legal action if they don't want to give this to you. (My buddy with a 135i had his differential replaced twice, on the third time, BMW cut him a check for $8k because of all the noise he made).

2) Get a lawyer if #1 doesn't work. It's in their best interest to compensate and work with you. This is absurd.
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.
__________________
foosh is offline   United_States
0
Reply With Quote
      12-19-2010, 01:28 AM   #46
jojogoya88
Second Lieutenant
 
jojogoya88's Avatar
 
Drives: 2008 E90 M3 IB
Join Date: Dec 2008
Location: LI, Ny

Posts: 262
iTrader: (1)

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.
__________________
2008 E90 M3 - Interlagos Blue (stock for now)
jojogoya88 is offline   United_States
0
Reply With Quote
      12-19-2010, 01:34 AM   #47
kaykay
Lieutenant Colonel
 
kaykay's Avatar
 
Drives: 2011 E92 M3 ZCP
Join Date: Apr 2010
Location: SoCal

Posts: 1,770
iTrader: (0)

Garage List
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.
__________________
'12 CLS550 Palladium Silver - loaded
'11 E92 M3 ZCP - SG/B-EXT/CF, M-DCT, loaded
'11 E93 328i, BSM over Saddle Brown, sport, loaded
'08 550i M-Sport, Carbon Black (Gone but not forgotten), '06 W211 E55 AMG (Gone, miss this animal),'01 E39 540i Sport
kaykay is offline   United_States
0
Reply With Quote
      12-19-2010, 02:06 AM   #48
foosh
Major
 
foosh's Avatar
 
Drives: 2008 M3 E93
Join Date: Mar 2009
Location: Annapolis, MD

Posts: 1,314
iTrader: (0)

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.
__________________
foosh is offline   United_States
0
Reply With Quote
      12-19-2010, 02:48 AM   #49
kaykay
Lieutenant Colonel
 
kaykay's Avatar
 
Drives: 2011 E92 M3 ZCP
Join Date: Apr 2010
Location: SoCal

Posts: 1,770
iTrader: (0)

Garage List
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
__________________
'12 CLS550 Palladium Silver - loaded
'11 E92 M3 ZCP - SG/B-EXT/CF, M-DCT, loaded
'11 E93 328i, BSM over Saddle Brown, sport, loaded
'08 550i M-Sport, Carbon Black (Gone but not forgotten), '06 W211 E55 AMG (Gone, miss this animal),'01 E39 540i Sport
kaykay is offline   United_States
0
Reply With Quote
      12-19-2010, 03:33 PM   #50
jojogoya88
Second Lieutenant
 
jojogoya88's Avatar
 
Drives: 2008 E90 M3 IB
Join Date: Dec 2008
Location: LI, Ny

Posts: 262
iTrader: (1)

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)?
__________________
2008 E90 M3 - Interlagos Blue (stock for now)
jojogoya88 is offline   United_States
0
Reply With Quote
      12-19-2010, 06:12 PM   #51
kaykay
Lieutenant Colonel
 
kaykay's Avatar
 
Drives: 2011 E92 M3 ZCP
Join Date: Apr 2010
Location: SoCal

Posts: 1,770
iTrader: (0)

Garage List
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.
__________________
'12 CLS550 Palladium Silver - loaded
'11 E92 M3 ZCP - SG/B-EXT/CF, M-DCT, loaded
'11 E93 328i, BSM over Saddle Brown, sport, loaded
'08 550i M-Sport, Carbon Black (Gone but not forgotten), '06 W211 E55 AMG (Gone, miss this animal),'01 E39 540i Sport
kaykay is offline   United_States
0
Reply With Quote
      12-19-2010, 06:19 PM   #52
Prince_of_Persia
Colonel
 
Prince_of_Persia's Avatar
 
Drives: 6MT E92 M3
Join Date: Aug 2010
Location: Vancouver, BC

Posts: 2,377
iTrader: (1)

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
Prince_of_Persia is offline   Canada
0
Reply With Quote
      12-19-2010, 09:31 PM   #53
ss134
Brigadier General
 
ss134's Avatar
 
Drives: ...a hard bargain...
Join Date: Feb 2009
Location: Germany/UK

Posts: 3,661
iTrader: (1)

Unbelievable - really feel for you OP.
__________________
2014 AW F80 M3 DCT
2011 AW E90 M3 DCT - Sold
2010 JZB E90 M3 DCT - Sold
2009 6MT E90 LCI 335i M -Sport - Sold
ss134 is offline   United Kingdom
0
Reply With Quote
      12-19-2010, 09:57 PM   #54
1cleanm3
Brigadier General
 
1cleanm3's Avatar
 
Drives: ///E92M3*RR Sport*Prius
Join Date: Feb 2008
Location: the 818

Posts: 3,606
iTrader: (7)

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
__________________
HRE + CHALLENGE + KW V3 + GINTANI + ARKYM + YOKOHAMA AD08
1cleanm3 is offline   Armenia
0
Reply With Quote
      12-19-2010, 11:08 PM   #55
OC3
Havin' a blast!
 
OC3's Avatar
 
Drives: 2013 M3 E92 Jerez Blk DCT ZCP
Join Date: Nov 2010
Location: SoCal

Posts: 4,740
iTrader: (1)

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.
__________________

BRP CW13 1:58 | CVR CW 2:01 | CVR CCW 2:02 | ACS 1:53 | WSIR 1:34
2013 E92 M3 Jerez Black DCT ZCP | JRZ RS Pro | Brembo BBK | Endless ME20 | Volk TE37 18x10.5 squared | NT01/TD
OC3 is offline   United_States
0
Reply With Quote
      12-20-2010, 08:58 PM   #56
jojogoya88
Second Lieutenant
 
jojogoya88's Avatar
 
Drives: 2008 E90 M3 IB
Join Date: Dec 2008
Location: LI, Ny

Posts: 262
iTrader: (1)

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.
__________________
2008 E90 M3 - Interlagos Blue (stock for now)
jojogoya88 is offline   United_States
0
Reply With Quote
      12-20-2010, 09:27 PM   #57
jojogoya88
Second Lieutenant
 
jojogoya88's Avatar
 
Drives: 2008 E90 M3 IB
Join Date: Dec 2008
Location: LI, Ny

Posts: 262
iTrader: (1)

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!!!!
__________________
2008 E90 M3 - Interlagos Blue (stock for now)
jojogoya88 is offline   United_States
0
Reply With Quote
      12-22-2010, 05:34 AM   #58
jojogoya88
Second Lieutenant
 
jojogoya88's Avatar
 
Drives: 2008 E90 M3 IB
Join Date: Dec 2008
Location: LI, Ny

Posts: 262
iTrader: (1)

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
__________________
2008 E90 M3 - Interlagos Blue (stock for now)
jojogoya88 is offline   United_States
0
Reply With Quote
      12-22-2010, 12:49 PM   #59
ucsdsig
Private
 
Drives: '08 E63, 2011.5 E93 M3
Join Date: Nov 2010
Location: Los Angeles, CA

Posts: 88
iTrader: (1)

That's just crazy. Good luck, hope they finally fix your car soon.
ucsdsig is offline  
0
Reply With Quote
      12-22-2010, 01:54 PM   #60
cncmastr
Captain
 
cncmastr's Avatar
 
Drives: E30 318is, E46 M3
Join Date: Mar 2006
Location: Toms River, NJ

Posts: 633
iTrader: (0)

Garage List
2005 BMW 330Ci  [0.00]
2007 M Coupe  [0.00]
2004 BMW 330Ci  [0.00]
Send a message via AIM to cncmastr
Why have you not escalated this matter sooner with the service manager, or owner of the dealership?
__________________
2006 Interlagos Blue BMW ///M3 | ZCP | Xenon | Nav | Premium | M Texture Alcantara
cncmastr is offline   United_States
0
Reply With Quote
      12-22-2010, 05:58 PM   #61
jojogoya88
Second Lieutenant
 
jojogoya88's Avatar
 
Drives: 2008 E90 M3 IB
Join Date: Dec 2008
Location: LI, Ny

Posts: 262
iTrader: (1)

Picking up car tomorrow, they overnighted a alternator....old one went bad.
__________________
2008 E90 M3 - Interlagos Blue (stock for now)
jojogoya88 is offline   United_States
0
Reply With Quote
      12-22-2010, 07:10 PM   #62
freshwhite335
Colonel
 
freshwhite335's Avatar
 
Drives: 2011 135i DCT
Join Date: Aug 2008
Location: 904 FL

Posts: 2,839
iTrader: (6)

Garage List
2011 BMW 135i  [0.00]
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.
__________________
2012 991 C2S
Still have BMW's in the family:
2003 E39 M5, 2009 F01 750i, 2010 E92 335i
freshwhite335 is offline   United_States
0
Reply With Quote
      12-24-2010, 09:18 AM   #63
jojogoya88
Second Lieutenant
 
jojogoya88's Avatar
 
Drives: 2008 E90 M3 IB
Join Date: Dec 2008
Location: LI, Ny

Posts: 262
iTrader: (1)

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.
__________________
2008 E90 M3 - Interlagos Blue (stock for now)
jojogoya88 is offline   United_States
0
Reply With Quote
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 09:27 PM.




m3post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST