Quote:
Originally Posted by bee0818
Has anyone had any issues related to this recall recently? I had the "updated" brake booster vacuum supply line replaced a few years ago. However, I now have huge braking issues and a dealer inspection revealed oil contamination requiring the booster and master cylinder to be replaced ($2,600). I have been in contact with BMW NA and they have thus far denied covering the replacement stating the repair was done and the car is no longer in warranty (2007 4.8). However, the recall specifically states it is covered under warranty regardless of time or mileage. It also states that if a prior repair was performed, the repair procedure must still be performed.
https://www-odi.nhtsa.dot.gov/acms/c...3v045-3498.pdf
Has anyone had this same issue with BMW NA? Apparently the person I have been working with (Dewey Gatts Jr) is the highest point of escalation. Does anyone have a different contact? Otherwise I'm assuming I need to pursue legal action to get this resolved.
Thanks |
Once a manufacturer has performed a 'recall' (and a 'reacll' is defined as whatever they and NHTSA have decided they must do to correct a defect) there is NOT a continuous warranty on the new, recalled, replaced, or corrected part.
Yes, the recall/warranty may remain open indefinitely, but that only applies to the original defective part.
Once they have replaced it with a new one, there is no longer an open recall nor is there a warranty.
The instructions within the 'recall procedure' which state that 'if a prior repair was performed' are specific to an action that is only operative during the recall. After the recall is done, completed, you dont keep repeating instructions within the recall.
You will piss away your money on a lawyer, you are in the wrong on this one.
If, as a matter of law, you can establish they never actually DID the 'recall', you have a case. If you want to litigate that 'yes they did the recall, but the parts were defective- and they are still liable', you will spend 2600 on half of the first retainer. Figure $200k plus to try that type of case, likely more.
Oh, why go to a dealer???