HELP!:engine went bad, Foreign Motors West are trying not to cover or help - Page 2

Quicksilver · #1 12-09-2005, 05:42 AM

Quote:

Originally Posted by bozo5521

Between these two pieces of advice, not only will you NOT have to pay for anything, but you will probably have an extensive apology to accompany that....You could sit there and argue 'til your blue in the face about printouts and overrevs and what not, but when sh#* hits the fan, you gotta' hit these people where it hurts....($$$$$)..And that ONLY happens via negative exposure..Good luck!

Yep I said that and now I will say it again. Get someone to help you deal with it legally. And don't argue,fuss,fight or anything else. Just be nice and play hard ball.

NOC · #2 12-08-2005, 05:10 PM

Have you contacted BMWNA? if not I strongly advise you do, also seek legal help and this will help in having legal documentation.
In matters like this, the whole he/she said does not become credible until a lawyer steps in. Good luck and hope it all works out for you.

(if you need any help, PM me I might be able to help a little since I have a relative that works for BMW Peabody)

Quicksilver · #3 12-08-2005, 07:54 PM

I agree. But here's the cincher. Diaz said: "i then asked for a printout of the overrev codes, which he didnt have, and what BMW NA thought about this, and he didnt have any overrev printouts with him, or any further information, and he hadnt even contacted BMW NA." I hope someone else heard this person say that because if that is true then they essentially have no proof. But these is a lesson here. Witnesses are very important and so is documentation. If he said that then he would have had to put that in writting for me as part of the service record. If he does that then his behind is mine. I believe diaz should return to the person who made that statement and ask for a print out of the service record. Do not say why. Just say I need it for my records. Look the report over carefully because this is going to be the evidence you need.

vinuneuro · #4 12-08-2005, 08:37 PM

I agree with hayaku that downshifitng into 2nd would have mechanically forced the engine far above the redline. The fuel may have cut-off, but the vehicle speed forced the engine to over-rev. At really high engine speeds (way above redline), the valvesprings can't pull the valves back fast enough, so the piston ends up htting them and the result is usually bent exhaust valves. It was indeed driver error. Sorry.

I'd like to know why you need a whole engine. Just get a remanufactured cylinder head or a used one. The other option would be to take the vehicle to the mechanic of your choice and have him take off the cylinder head and get a machine shop to install new ones.

As long as any valves didn't drop into the cylinder (if they had, the engine would not run at all, so you're probably fine in that respect), you should be able to just swap cylinder heads. It shouldn't be too labor intensive for an experienced mechanic. Look here for another cylinder head, they are the world's largest seller of used bmw parts and sell quality stuff that's either been inspected or remanfactured, good prices too:

www.bmrparts.com

Good luck and let us know if we can help in any way.

hayaku · #5 12-08-2005, 09:06 PM

i don't know if that argument will pass with the dealer since they have to explain why the head must be replaced...

JohnD · #6 12-09-2005, 07:10 AM

Diaz,

Take my advice and contact the owner of Foreign Motors West. He took care of me when Lance and the rep from BMWNA wouldn't. Lance has nothing to lose by customers not buying again, he is compensated on how much money he saves the service department. The owner of the dealership and the new cars sales managers are the ones who want to keep you happy. Trust me on this - I have been a Customer Service Manager for 15 years, no one in sales or sr. management want to lose a customer

DIAZ · #7 12-08-2005, 10:46 PM

Yes the car has a Manual transmission, and yes they are blaming it on driver error. Regardless of the case I bought the car there, and the dealership should at least be on my side and try to help me out in any way that they can, I have sent them custumers that have bought cars, and was always talking good about this dealership as the person who sold me the car is a great guy.But the fact that they are trying to bend me over so badly has me very mad. i already asked for all the documentation and a copy of the overrev codes, and overrev history. Im going in tomorrow and im gonna photocopy all my case to have documentation. they sold me the car CPO recently and I have only put 4,000 miles on it, it is so dangerous that the accelerator was getting stuck anyways, and the repair bill that they gave me is outrageous, It was $12,000 and Lance said it might be more in various costs, ive asked around and started calling dealers and mechanics and a BMW remanufactured engine should cost me $6500 plus shipping, and I get $500 for core exchange, If i send them my motor back. All the places that sell engines have told me that I should pay about 1200 on the low end to 2400 on the high end in labor to get the engine installed. SO at most I should pay $9,000 for a new engine. Either way this BMW dealership has the worst Custumer Service I have ever seen

DIAZ · #8 12-08-2005, 10:54 PM

I would like to thank everyone for trying to help out by giving me advice

kglesq · #9 12-09-2005, 04:19 AM

Legally speaking, when a person is placed in a position of imminent peril, he is not held to the same standard of care as an individual who is not in peril.

In other words, ordinarily it would be considered negligent on your part to have elected to slow the car by grabbing second at such a high speed, and the bent motor would be your problem. Although it is easy to second guess your conduct from the comfort of my couch and calmly deduce that the correct action would be to step on the clutch and brake, you didn't have that luxury in the moment. The law recognizes this, and consequently does not hold you to the same standards in these situations. This of course does not apply if the imminent peril was the result of your own stupidity, but that does not appear to be the case here.

In the instant case, you were on what looked to be a one-way ride to hell, courtesy of the defective accelerator pedal. This is clearly a situation that meets the definition of imminent peril, and said peril was caused by a defective part (the accellerator pedal) which BMW was responsible for under their written warranty.

As such, while an overrev would ordinarily be your problem, here it is squarely BMW's.

Unfortunately, it is unlikely that the dealer will respond to this reasoning if you use it yourself. As such I strongly advise that you contact an attorney, preferrably one who deals with lemon law issues--dealers understand that attorneys tend to make good on their threats. As an added bonus, many will take your case on contingency.

Good luck.

alpac · #10 12-09-2005, 10:27 AM

Quote:

Originally Posted by kglesq

Legally speaking, when a person is placed in a position of imminent peril, he is not held to the same standard of care as an individual who is not in peril. .......

In the instant case, you were on what looked to be a one-way ride to hell, courtesy of the defective accelerator pedal. This is clearly a situation that meets the definition of imminent peril, and said peril was caused by a defective part (the accellerator pedal) which BMW was responsible for under their written warranty. ....

Absolutely, that was exactly my point