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  #61  
Old 05-12-2015, 07:37 PM
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Originally Posted by Skyline View Post
I stand corrected on the BMW dealer installing a used engine. Would never happen around here. In my state dealers are required to stand behind all repairs for a certain time. I would think this would preclude them from installing a used engine unless there's some sort of loophole in that law for used parts. Or maybe that law is not in place in the OP's state.

I guess the whole key is what the CEL was on for. Even if the light was cleared, unless the service records show the code, they could always say whatever they want...ie. Loose Gas cap or whatever.
As I said a minute ago, BMW is offering a 1 year warranty for labor on the engine and if the engine breaks a new one will be put in for free.
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  #62  
Old 05-12-2015, 07:49 PM
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More OilFilter Pics

I haven't yet seen the oil filter in person. After what you guys are saying I am starting to think that the BMW mechanics were just feeding me a line to get me off their case. . .
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  #63  
Old 05-12-2015, 08:39 PM
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That looks like a lot of metal on the filter. Could just be from the flash though.

That deformation looks like mine after I twist it back and forth to get it out. Not sure it's an indication of anything.
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  #64  
Old 05-12-2015, 11:45 PM
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Originally Posted by wsmeyer View Post
That looks like a lot of metal on the filter. Could just be from the flash though.

That deformation looks like mine after I twist it back and forth to get it out. Not sure it's an indication of anything.
There was definitely metal in the filter and in the oil. I didn't think it looked that bad either. . . That could spell disaster for my case against MB.
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  #65  
Old 05-12-2015, 11:48 PM
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Originally Posted by trader4 View Post


And the warranty company, don't forget the warranty company.
Are you talking to them? Your position should be that this problem
was there the first time, when the car was brought in under
warranty and the same BMW guys were changing coil packs
and whatever. They continued to misdiagnose it, while it
should have been fixed properly under warranty and the
ultimate failure never would have happened.

And for the peanut gallery, note I'm not saying you can prove
all that at this point, just that's what your position should be.
as you pursue it. At some point, it's not unheard of for them all
to chip in $x to solve it.
BMW has been the only one to contact the warranty company. They said it was not their problem. The symptoms from the first time I brought it in and they changed the coil packs were almost exactly the same as the second time I brought it in.

(Limp mode, no power, shaking, check engine lights)

I guess that is what I will have to argue.

That should work out good anyways because then BMW can be blamed for not fixing the problem and the original problem occurred under warranty.
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  #66  
Old 05-13-2015, 01:54 AM
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Quote:
Originally Posted by Emden View Post
That should work out good anyways because then BMW can be blamed for not fixing the problem and the original problem occurred under warranty.
Those are two separate claims though. When you signed the BMW repair order, it likely limited their liability to the cost of the repair they did. They are unlikely to take on consequential liability.

You can claim against the insurance company, and say there was a problem evident during the warranty period. See what the policy says about when coverage ends, and if there is a carry over for problems diagnosed before expiry or evidenced before expiry.

But I don't see how this two way split (leaving the Mercedes dealer out for a moment) works out well for you, since BMW can refer you to the warranty company, and vice versa. You don't have a guarantee of being kept whole because it is the fault of "one of the above". I understand you bought the policy from the Mercedes dealer. So you have three parties, and if you purchase a used engine yourself you will increase that to four. Not conducive to settlements. Good luck.
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  #67  
Old 05-13-2015, 02:06 PM
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Originally Posted by trader4 View Post
I'd like to know on what basis Ian thinks the filter bypass is in the filter. That would seem to be totally illogical. I thought they generally have
some kind of pressure relief valve n the lubrication system itself, which
opens if the filter clogs.

Also, if oil starvation were the cause of this failure, then one would think
that besides just a brief CEL, the car would be displaying a clearly visible
low oil pressure warning. IDK exactly what they would throw up on the
dash, but it seems reasonable that some kind of urgent warning of
impending disaster, to stop driving, would be clearly visible. From what
he says, there was never even a hint of this, so I doubt oil starvation
was the cause of the failure. But then BMW is suggesting that it could
be, either honestly or just to get themselves off the hook.

And there is a good chance that collapsed filter is actually crushed,
from the top of a previous filter being stuck in the filter cover, as I
posted in another reply.
I called two more BMW dealers today. They both say Hengst manufactures the stock oil filters for the x5. So what the dealer in Madison told me is nothing but a bald faced lie.
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  #68  
Old 05-13-2015, 02:38 PM
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Quote:
Originally Posted by Emden View Post
I called two more BMW dealers today. They both say Hengst manufactures the stock oil filters for the x5. So what the dealer in Madison told me is nothing but a bald faced lie.
There's a difference between an OEM part and a BMW part. While in reality, in most cases it is the identical part, and I certainly would not hesitate to use a Hengst filter in one of my cars, it may not have the BMW logo on it or have come in a BMW box. If they claim that it's not a BMW part, therefore "no good" for some reason, while that may actually hold some water from some perverse legal sense, its total BS as far as I'm concerned.
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  #69  
Old 05-13-2015, 03:31 PM
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I can relate to your situation. I too purchased a 2008 4.8i with similar miles two years ago without a warranty and it was of the the worst decisions of my life. Each month there was something wrong with the car. I spent thousands in replacement parts alone in less than a year. I tried working with the dealer but they wouldn't help me at all. They would first give me the run around and then ignored all my calls and emails completely. I then tried contacting BMWNA but they just directed me back to the dealer. I was considering pursuing legal action but I was extremely busy at the time so I just ended up trading it in for my current Tesla. I apologize for not being able to give you any advice but I do wish you the best of luck in resolving your current situation.
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  #70  
Old 05-13-2015, 03:36 PM
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Originally Posted by Skyline View Post
There's a difference between an OEM part and a BMW part. While in reality, in most cases it is the identical part, and I certainly would not hesitate to use a Hengst filter in one of my cars, it may not have the BMW logo on it or have come in a BMW box. If they claim that it's not a BMW part, therefore "no good" for some reason, while that may actually hold some water from some perverse legal sense, its total BS as far as I'm concerned.
The stock oil filters on BMW X5's are direct from Hengst. Its a BMW part. They lied in every sense of the word.
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