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Old 10-28-2005, 03:04 AM
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JCL JCL is offline
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I have followed the previous posts about your service problem.

The following is based on previous experience as a service manager, and as one who made a fair number of warranty coverage and service policy decisions (not on BMWs, btw)

I do get a strong sense of your frustration. I also think that the price you were quoted seems very high, but that really isn't the issue here.

As I understand it, the likely failure mode was the cable getting caught under the window. It seems that you and the dealer may even agree on that.

For whatever reason the dealer decided that it was likely that previous work had been done in that area. If the plastic clip was broken, and there is not a history of those clips breaking while driving down the road, then it seems reasonable to assume that it was broken when previous work was done. It usually isn't hard to tell if the door panel has been off before.

A warranty coverage decision will often include factors like 'reasonable' and 'likely'. And although the difference may not be apparent to the consumer, to the dealer or manufacturer this is an entirely different issue than a service policy settlement, which is an investment in customer retention. It doesn't appear that the dealer was interested in that avenue. It is too bad, but at the end of the day, the warranty is for defective parts and materials. Something stopping working isn't by definition something that is covered by warranty. Something stopping working without any obvious explanation (such as previous work done in the area...) usually ends up being covered by warranty, whether it should be or not. Given that, if there is a more likely alternative explanation than simply that the original parts were defective, it probably won't be covered.

It can help to see it from the dealer's perspective, even if it is only to better prepare you for your small claims case. Good luck. And this may not help, but from what I read to this point, it doesn't sound like you have a strong claim against the dealer. You may have a claim against anyone who previously worked on the door, but that is likely to be equally hard to collect on.
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