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#11
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#12
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That can be considered, in many states, to be payment in full for your damages. The act of cashing the check can act as legal acceptance and agreement of BMWs payment to you. Contact an attorney who specializes in Lemon Law cases. There are quite a few, who specialize in this area of the law. Class Action suits of this kind go no where and will take years. BMW has deep pockets and excellent attorneys of their own. Trust me, if there's any case here, it's already being investigated by some law firm, somewhere. If you truly want BMW to take back your vehicle, your only realistic option is to contact an attorney and go through the lemon law process that is allowed within your state. But, once again, you'll be doing BMW a massive favor by cashing that check and muddying your legal options. It will not absolutely preclude you from any future damages, but there's a likelihood that it could, so why take the chance in this situation? Since you're not an attorney, and you don't know the laws in your state that govern the acceptance of such funds, do not cash any funds from BMW until you've received confirmation from an attorney that doing so will not preclude you from collecting future compensation. My bet is that any attorney you speak to is going to recommend that you not cash any funds from BMW, if you have a desire to take future action. But, as someone who knows a whole hell of a lot about batteries, and is involved in green-energy startups that specifically with battery technology and storage, I will tell you this: BMW is incorrect when they tell you that you must drive your vehicle daily, in order for the battery to remain charged. If your battery is exposed to very low temperatures (below 30-degrees), for days at a time, and you're only performing stop and go driving, buy a battery tender. This would be required for all vehicles do to the way in which alternators switch on and off at specific RPMS (explanations of which should be confined to a different thread). Battery tenders are not a big deal and they cost $30.00. You'd need to use one, depending on your driving habits, if you owned a Honda Civic. Temperature Extremes and Stop and Go Driving = Chaos on batteries, regardless of who manufactures them. Do some research on alternators, the rpm ranges at which they're active, and the way in which batteries are charged. This is a problem that is not all that uncommon. |
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#13
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![]() From what I've read online, I believe the low/dead battery issue is E70 wide. particularly for those E70s that are driven infrequently and/or for mostly short trip. But low/dead battery issue MAY be exacerbated on the 35d because of higher loads ... 1 - diesels usually require more ummph to crank, 2 - the 35d DEF/SCR system includes heaters, pumps, etc. not on the gas engines. Of course if the heaters/pumps only functioned while the engine was running, it would be no big deal. For example, what exactly causes the fairly significant voltage drop every time you open the driver door of a 35d? And what is all that commotion under the hood AFTER you turn off a 35d engine? Are these significant loads? ![]() Funf Dreisig |
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#14
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But the question here is, how much do you know about the E70 battery/charging system, and more importantly, the loads that an E70 places on the battery when it is not running, in particular? FWIW ordinarily, I would have been posting big "I agree"s after your recent comments. But the more I've read about the E70 battery/charging issues, the more I think the E70 does not have a standard auto electrical system. And standard advice does NOT always apply. Funf Dreisig BTW battery tenders ARE a big deal on E7Os since the 12v outlets are switched off when the engine is not running. So you have to open the hood and clip the tender on the jumper posts. |
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#15
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I can't speak to a Honda Civic, but I have a Ford Explorer that I drive 1 mile to and from the coffee shop every morning all Winter long and it has never had a battery drain problem. |
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#16
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Need to compare apples to apples. A vehicle that needs to be driven each day to maintain adequate battery charge is defection, point blank. A) There's a design flaw in the battery. B) You have a defective battery. C) You have a defective charging system (bad alternator, etc.). D) There is a design flaw in the charging system of the X5 35d E) There is a draw on the battery when the vehicle is parked and unattended that is significant enough to discharge the battery within an unreasonable time period. Either way, there's no reason a "PROPERLY" managed battery should be falling prey to discharge. There are a few other possibilities. 1) The battery is placed to close to the engine, and is being damaged by heat. 2) The car is being stored outside in temperatures that are falling below the operational range of the installed battery. Batteries like tepid temperatures. They react poorly to extreme cold and extreme heat. There's little that can be done to overcome this, unless you're charging the battery. Without getting technical, trickle charging the battery using a device such as a "battery tender" will heat the battery and keep it at a proper operational temperature. One very elementary way to think of a battery, which others may have a better description for, is to think of the internals of a battery as a pot of boiling water. The rolling boil will only sustain for so long after the battery is removed from a heat source. That boiling point, or energetic activity, must be maintained and unfortunately is extraordinarily sensitive to heat fluctuations. Heat and cold are the number one killers of batteries. In Arizona it's heat. In Ohio it's cold. So, I have no idea what's going on with your particular 35d. I do know, that the battery, if properly designed, should be capable of holding its charge for a minimum of 10-days, if stored in proper temperatures. I'm leaving my 35d for the first time, garaged, in 40-degree temperatures for about 5-days. I fully expect it to start. If I were leaving it for 5-days in 10-degree or -10-degree temperatures, I would not expect it to start whatsoever. I would absolutely recommend a battery tender in this case. So, it would be helpful moving forward in this thread, if you could describe the following: -Are you storing your vehicle inside or outside. If inside what temp. is your garage? If outside what is the ambient temperature? -How quickly is your battery discharging, if you've not driven your vehicle? -What is your dealer's response? Recommending that you must drive your vehicle on the freeway daily is absurd, to put it mildly. That is ridiculous and if that's truly the case, and it's not repairable, BMW is going to be facing a situation in which they'll be recalling every 35d sold. So far, that's not the case, and this is certainly not "entirely" a widespread issue. So, let's see if we can isolate some variables and diagnose the issue. Your service advisor sounds like a fool. Speak to his manager or contact BMWUSA. In terms of the parts availability, this is pretty common with high-demand vehicles. I bought a Nissan 350z in 2003, right when they came out, when people were paying $10k premiums for them. Parts were impossible to come by for the first year. There was an extreme demand for that car. This is relatively common, and while it's a pain, it won't be a long-term issue. They'll catch up within the next 12-months and build up a good supply chain. It's quite obvious that neither BMW nor Audi, nor Mercedes envisioned that their Blue Tech products would be so incredibly popular. Here to help, so any additional info would be helpful, in terms of the conditions under which your battery is discharging. But, for full disclosure, I'm totally unaware of the electrical draw that the X5 takes from its battery during storage. Some say the vehicle performs some sort of diagnosis every 15 minutes, and then every hour. These seem to be rumors and I personally would love to see a BMW Tech Manual (the ones the engineers and techs use, not the ones you can buy off the shelf), in order to confirm this. |
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#17
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I talked to my Service Advisor this afternoon. She told me that BMW recommends that I use a battery tender if I'm not going to drive my X5 for a few days. I asked her if they would give me one. She told me I would have to purchase one from their parts department. The only other suggestion that she made was that they would check to see if I had some kind of a drain on my system the next time it is in for service. Of course, if it "starts happening more often, bring it in before your next service".
For those that have said that any kind of vehicle left for a while needs a battery tender, I disagree. I think it's simply a matter of not having a large enough storage capacity. Most Diesels that I know of have two batteries. As a matter of fact, the vehicle I drove the other day when this one wouldn't start has been sitting since at least August without being started one single time. It's an Army surplus 1984 Chevrolet K5 Blazer. Diesel powered also. It started after the "wait to start light" was on or about a full minute (using tons of juice for the glow plugs). Then it just started right up, ran rough for a few minutes and took me on my way. |
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#18
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Sorry to hear of all these battery problems with the X5s. I will say this: it's not necessarily just BMWs that go through batteries. My friend's 2004 Acura TL is on its 3rd battery. Both our Bimmers are still on their first.
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#19
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If an X5 needs a battery tender after a few days of sitting, something is wrong. My Vette sits for weeks during the winter without a battery tender and starts like a champ every time.
__________________
You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist. |
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#20
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This is where 'too many electronics' comes to mind. With all these modules, all it takes is 1 not to fall asleep when its suppose to... welcome, high battery drain!
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SOLD - 08 X5 (Titanium Silver w/Black Nevada with all options). |
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