Dealer Blows my 4.8is engine!

[Bnagy4.8]

Originally Posted by jspdr

Everyone is speculating here. I would not want to accept this offer for now until you find out your legal rights and options from your attorney and the dealer before accepting their resolution IMO.

Unfortunately, unless I choose to press charges and file a law suit there is not much that my attorney says I can do. BMW is required to by law to bring my vehicle back to its original condition prior to me bringing my vehicle to the dealership for the oil change. BMW is required to get me an engine in good condition. According to the dealership they are searching for the engine block. All other components are going to be coming from my engine. My heads alone are $15k the blocks run about 6k used. So they will be checking out and stripping the used engine down to put my engine parts into this engine to keep it as original as possible.

My lower end is completely seized so this should be the fix. I can only hope that they don't try to pull a fast one with me. If they do then I will file charges and sue for damages.

Just trying to keep my head up.

[X-Nickel]

Just wondering. How in the world dose a motor seize from to much oil?? In all my years and all the motors I put together the only time I have ever seen that happen is when there was no oil in the motor. Have someone you can trust check the cams and top end as well cause if it was oil starvation, there might be more damage and that motor will never last or run the same..

[jspdr]

Originally Posted by Bnagy4.8

So I took my car in 2 weeks ago to get my first oil change (since I purchased the vehicle) at the local BMW Dealership. after sitting for 2 hours I watched them pull my car out of the garage and blue smoke was coming out of my exhaust. after another hour they came to put me into a loaner car. According to the service adviser they put an excessive amount of oil in the engine 15 quarts instead of 10 for the 4.8is. This happened because there oil pump turned off unexpectedly and when they turned there system back on the pump was not calibrated correctly.

Long story short, they drained the oil and refilled the oil level to the correct level and then went to start the engine. after lots of " nasty " noises they turned off the engine and pulled the plugs, after tests they tried again. made another awful sound. they went to crank it manually and they realized that they seized the engine.

They went to their insurance company and the insurance tried to conclude that the car is deemed totaled and wanted to pay me off for 23k. (I owe 21k, haven't owned it for a year) The engine had only 52k miles on it for a fully loaded 2005 4.8is. After hashing it out with the insurance company for 2 days, they wanted to give me trade in value 19k plus compensation. WHAT?! The dealership will not rebuild the engine because it is to expensive and they cant find a brand new motor.

We sent in documentation showing the value invested into the vehicle, New air ride suspension, personalized tasteful modifications. So, they decide to lift the totaled title and they found an engine in Texas from a 2006 BMW x5 4.8is with 42k miles which was rolled. This engine will only have a 90 day warranty, and the dealership says they will warranty there work. What the hell does that mean!

They did however say that they will be looking over the engine first before installing it to make sure it checks out.

At this point my attorney is on stand by because I have a feeling this will be a mess.


Thoughts and opinions?

Are you saying you have either to settle for a total loss, or dealer will replace the engine? Can you negotiate the total loss settlement? Is it legally or financially make sense if you accept the total loss offered, then suit them in small claim court for the difference? It is indisputable evidence that their action has caused your financial damaged. Just explored the option.

[Bnagy4.8]

Originally Posted by X-Nickel

Just wondering. How in the world dose a motor seize from to much oil?? In all my years and all the motors I put together the only time I have ever seen that happen is when there was no oil in the motor. Have someone you can trust check the cams and top end as well cause if it was oil starvation, there might be more damage and that motor will never last or run the same..

To my understanding the oil spills into the crank case and the crank whips the oil adding air to the mixture. Then the oil goes through the engine with air in the mixture and causes failure from getting to hot. However other issues I've read have said the pressure in the engine get so great that it can bend parts in the engine.

[Bnagy4.8]

Originally Posted by jspdr

Are you saying you have either to settle for a total loss, or dealer will replace the engine? Can you negotiate the total loss settlement? Is it legally or financially make sense if you accept the total loss offered, then suit them in small claim court for the difference? It is indisputable evidence that their action has caused your financial damaged. Just explored the option.

BMW offered me $23k for them to take the car off my hands. That would only leave 2k in my pocket and no car to drive in the mean while when searching for a car. With that I will be losing out on a 4.8is that is not easy to find. They originally were going to rebuild the engine but the cost was greater than the car value. The same goes for getting a new engine ( but they don't have a new engine to replace it with) this is why they sought out a used engine.

Because this Is an asset there isn't much more they are required to do other than paying market price for a pay out or fixing the problem. Also there is no compensation for some thing like this (ex. Pain and suffering).

[upallnight]

If they over filled the engine with oil like they said they did, they would have hydro locked the engine. Remember back in high school physics (are kids still require to take H.S. Physics?) that liquid can not be compressed, so if enough oil got into the cylinders and the valves are closed the oil has no where to go and you can't compress a liquid so something has to give.

They could have removed the spark plugs and drain the oil from the cylinders and sump. And if they were lucky they might had dodge a bullet and the engine will still run.

[X-Nickel]

Originally Posted by Bnagy4.8

To my understanding the oil spills into the crank case and the crank whips the oil adding air to the mixture. Then the oil goes through the engine with air in the mixture and causes failure from getting to hot. However other issues I've read have said the pressure in the engine get so great that it can bend parts in the engine.

Like I said I would check into that. For that short of a time it should not of done that to your motor unless they ran it dry. Most of the time if it is over filled it will not start or just run really bad. How log were they running the car for it to get that hot and lock up the bottom end. I can almost bet that the entire motor is screwed if you ask me. Call a independent BMW shop ad ask them about it..

Good luck and I hope it all works out for you.

[jspdr]

Originally Posted by Bnagy4.8

BMW offered me $23k for them to take the car off my hands. That would only leave 2k in my pocket and no car to drive in the mean while when searching for a car. With that I will be losing out on a 4.8is that is not easy to find. They originally were going to rebuild the engine but the cost was greater than the car value. The same goes for getting a new engine ( but they don't have a new engine to replace it with) this is why they sought out a used engine.

Because this Is an asset there isn't much more they are required to do other than paying market price for a pay out or fixing the problem. Also there is no compensation for some thing like this (ex. Pain and suffering).

I understand your feeling.. What would be the retail value after engine replaced, over $23k? Are you comfortable with the engine from the junk yard? it is like rolling the dice, and will all this be reported to Carfax or Autocheck? Those issues should be considered, i think.

[Bnagy4.8]

Originally Posted by jspdr

I understand your feeling.. What would be the retail value after engine replaced, over $23k? Are you comfortable with the engine from the junk yard? it is like rolling the dice, and will all this be reported to Carfax or Autocheck? Those issues should be considered, i think.

The insurance company would only give me 19k which is as much as good trade in, not retail. Why they don't do retail is beyond me. They offered a compensation amount of 3k for a new vehicle. The only problem is that you can't find x5 4.8is SUVs in great condition anywhere with 50k miles. So I would have to settle with something else or pay significantly more on payments and out if pocket costs for a down payment which isn't fair to get back into something comparable.

[Sweep_the_Leg]

Originally Posted by Bnagy4.8

BMW offered me $23k for them to take the car off my hands. That would only leave 2k in my pocket and no car to drive in the mean while when searching for a car. With that I will be losing out on a 4.8is that is not easy to find. They originally were going to rebuild the engine but the cost was greater than the car value. The same goes for getting a new engine ( but they don't have a new engine to replace it with) this is why they sought out a used engine.

Because this Is an asset there isn't much more they are required to do other than paying market price for a pay out or fixing the problem. Also there is no compensation for some thing like this (ex. Pain and suffering).

A quick cars.com search shows a few 4.8is around the country with close to 50K on the clock. They run as high as $29K (seems too high). There are quite a few in the 70-80K range, which are closer to the $23K offered.

I would counter their $23K offer with $29K, plus they cover any shipping costs for an equivalent replacement 4.8is, plus they continue to let you use a loaner until you finalize the deal for the new one. If you can't find one you like in the 50K mileage range, then buy one with higher mileage and make another stipulation of the settlement that the dealer covers a year or two of extended warranty coverage (to make up for the mileage difference).

It seems clear that the cost and logistical challenges of replacing the engine mean that you should wave goodbye to your car (which is sad and frustrating, I know). But realistically, an engine swap would make me more nervous than just biting the bullet and buying a new 4.8is.

Incidentally, I'm an attorney. Although I don't practice in WA, I'm happy to provide you with a "second opinion" of sorts, and I can give you an idea of what you may be in for if you choose to go the litigation route (hint: a long wait, added frustration and delay, and ultimately probably less satisfaction than you were hoping for).