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  #11  
Old 06-03-2007, 11:50 AM
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Quote:
Originally Posted by bmw5
I am sorry for your cracked windshield.I dont know the American law but in Greece if you have insured your car for that kind of damage the insurance company will cover the cost that BMW workshop has issued.In my opinion you should have taken your car to BMW workshop to repair the damage or better yet change the windshield since you have HUD.
Small claims court will oblige the windshield company to return to you the money or oblige the insurance company to cover the cost for the correct windshield by BMW workshop?
Making claim to your insurance company might raise the premium so there is no reason to do it when it's not your fault. In addition, some insurance companies don't cover glass unless you get it separately, which usually doesn't worth it.

As far as original post goes, they certainly tried to swindle you. I've had a crack one of my car windshields. Pissed the sh.. out of me but passed inspections twice with no problems.

Unfortunately, I don't know if you have much of a case here. They might've implied that but didn't actually say it. And even if they didn, it's your word against theirs. Also, vendors doing bad job is nothing new - they're not usually found responsible. Of course, I'd definitely try small claims court - what do you have to loose. The shop is likely to have insurance of their own - court might make them pay.
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  #12  
Old 06-03-2007, 12:49 PM
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Quote:
Originally Posted by xsracer
Also, vendors doing bad job is nothing new - they're not usually found responsible.
Since when? If you brought your car into a shop and the vendor damaged what he was repairing, you wouldnt expect him to repair or replace his damage? I do, and I am confident a judge will as well.

I guess I am going to find out. But I will not make a claim against my insurance company for his negligence.
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  #13  
Old 06-03-2007, 01:44 PM
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It's not necessarily considered them damaging it. If, let's say, while fixing it, they'd put another crack, then, yes, they'd have to fix it. But in this case their job was to stop the crack from spreading. And they can argue that they did. Yeah, it looks worse than before but they've never implied it's going to look like new. Similarly, if you hire a painter and he does a bad job, you cannot do that much about it. Vendors have a lot of protection. To make matters worse, even if you win small claims court case, there is no feasible way to make them actually pay unless you get a hold of their bank account number. If you'd pay with a check for instance. So try your best of course, but it's not clear cut by far.
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  #14  
Old 06-03-2007, 01:55 PM
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Quote:
Originally Posted by xsracer
To make matters worse, even if you win small claims court case, there is no feasible way to make them actually pay unless you get a hold of their bank account number.
Well in Louisiana if you win a judgement, and they do not pay, you can bring them back to court and they must disclose all their possessions and bank account numbers. Then you can seize assests or garnish wages....this is assuming they have any. Usually it never gets that far as nobody wants to come into court and disclose their assests.

But this is a buisness man with a dozen locations. Honestly this is not about the money, this is about his attitude in treating me fairly.

I can easily afford to replace the windshield, and if the man would have treated me with a little respect I wouldnt be here. And if you saw my X in person I'm sure you would feel as I do. I feel strongly that a judge will see my point of view, and hopefully this guy will think twice next time and it will prevent him from ripping off someone who cant afford to replace their windshield.
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  #15  
Old 06-03-2007, 02:02 PM
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Man, I absolutely feel for you and you are correct 100% and I would do the same thing in your position. You misunderstood me. I was just trying to tell you how it might go. Think about your arguments. Don't go to court thinking it was a clear case. That's all.

Also, I don't claim to know your states laws. I know in NYC, there isn't that much recourse in small claims court if the party doesn't pay you. I've been through that. If you have a bank account number, you go to the sherif's office and they put a stop on it. But there is nothing like your state where they have to disclose something. Hopefully you are right about your state.

Good luck. Hopefully it will work out for you. If this was at the dealer, you might want to try calling BMW - the dealer might decided to cover it rather than deal with the company.
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  #16  
Old 06-03-2007, 03:04 PM
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Quote:
Originally Posted by xsracer
Man, I absolutely feel for you and you are correct 100% and I would do the same thing in your position. You misunderstood me. I was just trying to tell you how it might go. Think about your arguments. Don't go to court thinking it was a clear case. That's all.

Also, I don't claim to know your states laws. I know in NYC, there isn't that much recourse in small claims court if the party doesn't pay you. I've been through that. If you have a bank account number, you go to the sherif's office and they put a stop on it. But there is nothing like your state where they have to disclose something. Hopefully you are right about your state.

Good luck. Hopefully it will work out for you. If this was at the dealer, you might want to try calling BMW - the dealer might decided to cover it rather than deal with the company.
Thanks for the heads-up! I have used the process before and you are correct, if you have your facts in order you will prevail....most people just show up and expect a judgement in their favor. I will have all my evidence and a strong case to present.

Previous to this repair you could hardly notice the chip...now it is hazardous, so I dont think I will have a problem getting letters from other windshield shops to support my case that replacement is the only option.

We are getting off topic though...the purpose of my post was to warn that the X5 windshield might not take these chip/crack repairs very well and you might want to think twice before having it done.

Thanks again.
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  #17  
Old 06-03-2007, 05:36 PM
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Someone posted that the windshield on the X5 is very thin. Mine (also with HUD) chipped in similar circumstances.

After the windshield was replaced the HUD did not work - they had to upgrade the Nav software.
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  #18  
Old 06-03-2007, 06:19 PM
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yea, I was very disappointed to get my first chip with only 5000 miles.

How much did it cost to replace?
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  #19  
Old 06-04-2007, 09:59 PM
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Quote:
Originally Posted by X5FX
yea, I was very disappointed to get my first chip with only 5000 miles.

How much did it cost to replace?
Lucky for me, BMW had already agreed to replace due to scratches on the inside of the glass. Took less than a week for the new glass to arrive.
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  #20  
Old 06-04-2007, 10:30 PM
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Went to 3 shops today, all were appaled at the damage and each wrote a letter stating the windshield was damaged beyond repair and must be replaced. Estimate $1000.
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