Quote:
Originally Posted by trader4
Well the part relating to their actions would be if they misdiagnosed what was a fixable problem when the car was first brought in. And/or if they misdiagnosed what was a fixable problem when the car was
brought back with the CEL on after being picked up and driven one mile. And if that misdiagnosis resulted in what was fixable then becoming a catastrophic failure to the point of needing a new engine. It seems that could have happened. And if it did, then their liability is not limited to the charge for the bad diagnosis. They would most likely be responsible for the engine replacement. And from the facts given so far, I'd say he could have a reasonable claim for the above against the BMW dealer.
You may just be willing to chalk it up and pay for it. From what I've
heard so far, I would not be. From what he says, he has BMW saying that the oil filter looked old, was collapsed, and that it could have been the cause of the failure. MB claims they changed the filter. Why then, isn't MB potentially liable? Why is the filter old and collapsed if they just changed it? You'd just let MB off the hook, without even taking the filter to them and asking WTF? He's barely begun to pursue this, I see no need to just give up. I've heard other similar horror stories where eventually the customer got an acceptable solution.
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It appears the vehicle came to the dealer with a pre-existing condition. The BMW dealer is not going to take responsibility for replacing the engine, IMO. And they certainly don't work in used parts.
The CEL is usually for emissions sensors, the service manager is correct about that. If there is a serious problem the vehicle goes into a limp mode to save itself. Checking the oil means checking the level. Checking the filter means checking if it is leaking. Anything more requires replacing it or opening it up. And you seem to think the filter is the cause; it could just as easily be the symptom of the engine making metal. My comments are based on my experience as a service manager (not with BMW). So yes, I would not pursue a claim against the BMW dealer, but I would take any customer goodwill settlement they offered.
I didn't see a mention of MB claiming they changed the filter, but maybe I missed it. I saw a mention of the OP requesting a service from them. Maybe they didn't have a filter in stock as it isn't their brand. Check the word order, look at the part number, don't presume. I didn't let the Mercedes dealer off the hook, I said that any claim for out of warranty service will be successful only if the OP can show that they knew of the problems when the sold the vehicle. I think that is unlikely. There could be a claim if the oil service (which would need to have been documented) was done incorrectly. All we have to go on there is a comment by the BMW dealer that it must be the other guy. That isn't proof of anything.
I don't understand going after the warranty company. Why would they have a responsibility?
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2007 X3 3.0si, 6 MT, Premium, White
Retired:
2008 535i, 6 MT, M Sport, Premium, Space Grey
2003 X5 3.0 Steptronic, Premium, Titanium Silver
2002 325xi 5 MT, Steel Grey
2004 Z4 3.0 Premium, Sport, SMG, Maldives Blue
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