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

DIAZ · #1 12-08-2005, 10:54 PM

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

kglesq · #2 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 · #3 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