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Old 10-27-2005, 04:18 PM
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BMW of North America, LLC Lawsuit

The representative from BMW of North America, LLC parroted the response I received from the dealer and turned down my warranty claim.

I feel strongly that this is wrong and will take the dealer and BMW of North America to small claims court.

Does anyon have the name and address for the Agent for Service of Process for BMW of North America?

DM
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Old 10-27-2005, 06:59 PM
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Old 10-27-2005, 08:40 PM
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Quote:
Originally Posted by dm567
The representative from BMW of North America, LLC parroted the response I received from the dealer and turned down my warranty claim.

I feel strongly that this is wrong and will take the dealer and BMW of North America to small claims court.

Does anyon have the name and address for the Agent for Service of Process for BMW of North America?

DM
May I ask why your feel so strongly against them?
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  #4  
Old 10-27-2005, 09:05 PM
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Yes, because they dismissed my argument without ever listening to it. If they attempted to follow the logic and then found something wrong with the logic I would understand.
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Old 10-28-2005, 03:04 AM
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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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Old 10-28-2005, 03:12 AM
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IMO excellent post above.

Having gone to small claims myself for my business about a dozen times in the last twelves months, a judge is going to make it difficult for you to lay the guilt on the dealer. If anyone is at fault IMO it's the place that painted your doors.

In any event, I still think you can go to another dealer and try the approach to the repair differently. Maybe that'll work out better.
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Old 10-28-2005, 08:39 AM
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Yea, you definetly need to focus on finding another dealer to get this fixed. Don't waste your time by taking them to court. Bottom line is that you need your window fixed.
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Old 10-29-2005, 08:56 AM
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I had a similar problem with BMW NA a few years ago. The hood on my 1999 328IS started to rust on the edge - after 4 months of being jerked around by the dealer the representative from BMW NA came out to look at the car - They refused to cover the full cost of repairs because the car had been in an accident at one point or another - having owned the car since it was almost new there was no way this could be possible - I bought the car in 1999 with 4K and the local BMW dealer (very large one) said it was a BMW executives car. To make a long story short I tried fighting both the dealer and BMW NA but neither one of them would budge. I ended up having the car fixed at the dealer and when it was finished I sent a very long letter to the owner of the dealer expressing my concerns - I basically told him the this is only one of 8 BMW's in our immediate family, all of which were purchased through his dealer and that in the future we would be taking our business else where. I also provide him with two URL's I bought ($20 each) that were similar to his dealers name and had my story and pictures of the car. Needless to say the owner of the dealership stepped up to the plate and paid for all the work as well as giving me a free service 2 at 60K miles
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Old 10-29-2005, 10:07 PM
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Quote:
Originally Posted by JohnD
I also provide him with two URL's I bought ($20 each) that were similar to his dealers name and had my story and pictures of the car.
Nice touch. Remember, if you do this kind of thing, be careful to stick to absolute facts. Defamation of character, libel/slander, etc. are touchy issues. I had a problem with my homebuilder several years ago, and really wanted to put up a sign in my yard, but was advised STRONGLY by my two attorneys not to do it. Said it would actually worsen our position in court.
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