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#21
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E46 330i (Sold) E90 328i (Sold) E90 325i (Sold) E90 328i Xdrive (Sold) 2009 VW Touareg 4.2 Highline |
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#22
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The OP will need to have a mechanic look at it that is impartial in the matter. That will cost money. A lawsuit will cost money. All while he has a vehicle that cannot be driven and the dealers know this. If the oil filter was truly at fault both dealers will seek to get the case dismissed against them as it was the oil filter manufacturer at fault. Do they even have a presence in the US? If not, any suit will not go far at all. Maybe something could be brought against the distributor. We also don't know what the OP signed. It may require binding arbitration to be used or that he bought the vehicle AS IS and the dealer accepts no responsibility whatsoever.
It will be a very hard case to prove and could take 1 or more years. If he doesn't fix the vehicle they could argue that since he hasn't actually paid anything, he is not able to collect on damages that don't exist. |
#23
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__________________
E46 330i (Sold) E90 328i (Sold) E90 325i (Sold) E90 328i Xdrive (Sold) 2009 VW Touareg 4.2 Highline |
#24
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Actually there is. You need to prove the damages that you suffered. If you didn't pay anything, then you suffered nothing. If the contract the OP signed said the dealer isn't responsible for loss of use of the vehicle. Then he has a vehicle he cannot drive unless he pays to repair it. A court *may* accept multiple quotes for the repairs but the OP may need three or so. Of which, he had to pay three people to review how much it would cost to repair. That also means three tows to the three places.
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#25
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Your insurance would pay out or don't your realize that? The person driving should also have insurance. So no, you couldn't sue for the cost to rebuild the house, as that is why you have insurance. You could claim the deductible you paid though.
Have you ever sued anyone? Have you ever been in a court besides for a traffic ticket? Will it cost $27k though? If a used engine can be found for much cheaper, then no, it won't cost $27k. That price was for a remanufactured engine from BMW. The BM dealer and the BMW dealer could easily argue that the OP is not entitled to a rebuilt engine. If you are driving and go into water that was deeper than you expected and the engine gets trashed, your insurance company can put a used motor in your vehicle if they want. have 70k miles on it, they can find one that has that or less. The OP shouldn't try to go the remanufactured route as a court could say no to that damage claim. |
#26
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I think the thing to pursue is the oil filter.
Don't bother going after the manufacturer of it. If it looks old, they will say it was due for replacement. Not their problem. And whatever the part number and name is on it, it may be a counterfeit part. The Mercedes dealer was asked to do a service. Apparently they changed the oil. We don't know if they changed the filter. Look for that part number on the work order. Maybe they didn't have one and skipped it. Bad practice, but possible. If they didn't change it, I would suggest going after them for skipping it. If they did change it, it should be on the work order. A third opinion from a mechanic that hasn't got a stake in the quality of work done to date would be worthwhile. Even if you don't move the vehicle, you can hire a mechanic and take him with you to see the vehicle and listen to what the BMW dealer says. Used cars. Unfortunate, but not the first time. I would look for a used engine for $5000 or so.
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2007 X3 3.0si, 6 MT, Premium, White Retired: 2008 535i, 6 MT, M Sport, Premium, Space Grey 2003 X5 3.0 Steptronic, Premium, Titanium Silver 2002 325xi 5 MT, Steel Grey 2004 Z4 3.0 Premium, Sport, SMG, Maldives Blue |
#27
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I would prefer not to take the case to trial, simply because it will take a lot of extra time and money.
I think I will probably follow a BBB complaint with both MB and BMW. An independent mechanic has already given me information that a few of the codes were indicative of an engine failure. I will be posting the list of codes online tonight. I will also try to get what BMW said in writing when I file the complaint against MB. I unfortunately do not have the code for the check engine light when I brought the car back to BMW because they cleared the code without keeping a record of it. I like the idea of filing two separate small claims. Is there any more information on this? BMW did state that the oil filer could have caused the engine failure, but I do not yet have that in writing. Also the BMW mechanic told me that the oil filters do indeed have a re-circulation valve. Unfortunately on the warranty it does say that the car was purchased "as is" However, it also says that MB disclosed any known problems with the car and that they did a complete oil change, inspection and service. I will try to find out more details about what that service entailed. As of right now BMW has offered to pony up $1000 dollars, assuming I let them fix the car. Obviously this wont save me much but at least it is progress. Once I figure out more about the oil filter I will post that information as well. BMW is not answering my calls at the moment. Thanks for the additional insights guys. Anyone know of any good independent BMW mechanics in WI or Norther IL? |
#28
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There is no additional warranty on the car. The only warranty expired two weeks ago. The car was diagnosed with the engine failure a week late.
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#29
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Next, how do you file a lawsuit for a $25k remanufactured engine when the vehicle isn't even worth that? The OP cannot go for a remanufactured engine. Quote:
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#30
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4.8i, bmw, engine failure, x5i |
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