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Old 05-12-2015, 03:59 PM
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JCL JCL is offline
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Quote:
Originally Posted by trader4 View Post
They worked on the car, he
picked it up, went one mile, the CEL came on, he returned. They
cleared the light, never told him what it was and sent him on his
way. Twenty miles later the engine is shot. That would seem to make
a pretty good case that when he returned with the CEL, there was something very wrong with the car, which they failed to correctly assess.
The check engine light could be any sensor out of range. Looks like the mechanical problem was there before the vehicle ever hit the BMW dealership.

If they failed to correctly diagnose the problem, and that was what they had agreed to do, then their liability cap would relate to the diagnosis fee they charged the owner. It doesn't make them liable for an engine failure, unless there is something that can be proven relating to actions they took (ie leaving the oil drain plug out).

I don't think there is any reasonable claim against the BMW dealer based on the info provided so far. Any successful claim against the Mercedes dealer would be based on them knowing of the problems in advance.

Buy a used engine, patch it up, and chalk it up to experience.
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