2011 35d Fire/Smoldering (help needed!)

[Penguin]

Originally Posted by ABMW

even though the fire dept., our neighbors, and my wife were all witness to the smoke, etc... Today they flat out called me a liar, the fire department, our neighbors, my wife, said the car was fine, there never was any smoke/fire and hung up.

I don't understand, I though you earlier said the Fire Department did not witness anything:

"The fire department took 15-minutes to arrive. By that time, the vehicle had stopped smoking. I did not witness any flames, and did not open the hood, as I did not want to add oxygen to anything that was combusting."

I assume the Fire Department must have some sort of written report available as to what they found upon their arrival. I assume the Fire Department did open the hood, to ensure there was no fire, correct?

[hotrod2448]

Originally Posted by ABMW

End result is as follows:

BMW is not taking any responsibility for the fire and claims there never was one, even though the fire dept., our neighbors, and my wife were all witness to the smoke, etc. They said verbatim "we don't want to hear any more of this, there was no fire or smoldering." They've given us no paperwork indicating what they did to the car, and have not contacted us, despite numerous promises to do so.

Yes, I can take the car back anytime, but we also have a legal duty to mitigate any potential damages. So, if we said "no you can't perform the SPI inspection," it could be argued that we were the reasons BMW is in breach of the express warranty.

As is, this all became too much and we hired an attorney, who's taking the case on contingency. We'll see what happens. Maybe we'll get the car back, maybe we'll get a replacement, maybe we'll go with a different brand. I don't know, as I can't get a hold of them.

To say this boggles my mind is an understatement. There's something obviously going on with SOME of the X5 diesels, as evidenced above and as evidenced with my vehicle. If it's only these two, great. But, it's fishy.

Legally, they must give us paperwork, so that's the first thing we're trying to get from them. The only proof we even have that it's at the dealership, is a BMW Road Side Assistance Tow Slip! It could be on the planet pluto, for all I know.

In any case, we really had no choice in this matter. If we can't get in touch with the people who are working on this issue, after weeks of VERY polite phone calls, what's the alternative? I went to the dealership in person,but they said it's out of their hands, and they're simply doing what BMW NA is telling them to do.

To their credit, the person I'm dealing with at the dealership is being helpful, but once BMW NA takes over, they're pretty much out of the loop, when it gets to the level of an SPI (special product inspection).

Arghhhhh.....if they'd simply put the payments on hold, that would be fair, but BMW Financial has refused. None of the departments speak to one another, so it's up to the consumer to retell the story, over and over again, to each person you speak with.

Today they flat out called me a liar, the fire department, our neighbors, my wife, said the car was fine, there never was any smoke/fire and hung up.

That was the SPI dept. I'm still waiting to hear back from Customer Relations, BMW Roadside Damage Mitigation, BMW Financial, and the dealer! What a ride....

My advice, if you smell anything fishy in your 35d, have the thing towed to the dealer right away (see above), and my example also. I'm positive, had I left the car running or done something stupid, like opened the hood, I'd have similar pictures to share.

:-/

Judging by what you are saying regarding BMWNA's and BMWFS's responses to this situation you might have been better off to go against your advice and let it burn like the one pictured previously. At least then there is no arguing if there was/wasn't a problem.

[ard]

Originally Posted by hotrod2448

Judging by what you are saying regarding BMWNA's and BMWFS's responses to this situation you might have been better off to go against your advice and let it burn like the one pictured previously. At least then there is no arguing if there was/wasn't a problem.

I mean that's the whole crux of the problem here!

IT DIDN'T BURN. (and apparently, since the OP hasn't clarified) THERE IS NO FIRE DEPARTMENT REPORT THAT THEY WITNESSED A CAR FIRE.

Unfortunately, there is also a 'the boy who cried wolf' syndrome- NOT that the first issue didn't occur, but I suspect BMW approaches this customer with caution....

[hotrod2448]

Originally Posted by ard

I mean that's the whole crux of the problem here!

IT DIDN'T BURN. (and apparently, since the OP hasn't clarified) THERE IS NO FIRE DEPARTMENT REPORT THAT THEY WITNESSED A CAR FIRE.

Unfortunately, there is also a 'the boy who cried wolf' syndrome- NOT that the first issue didn't occur, but I suspect BMW approaches this customer with caution....

Those details didn't escape me but, given that I'm relatively new here I'm not going to start off by essentially insinuating that another member is either a liar or by telling him he's just being paranoid when I don't know the details of what did and didn't actually happen.

That's why I said he would basically have been better to let it burn if it were actually on the verge of catching fire.

[ABMW]

Originally Posted by ard

I mean that's the whole crux of the problem here!

IT DIDN'T BURN. (and apparently, since the OP hasn't clarified) THERE IS NO FIRE DEPARTMENT REPORT THAT THEY WITNESSED A CAR FIRE.

Unfortunately, there is also a 'the boy who cried wolf' syndrome- NOT that the first issue didn't occur, but I suspect BMW approaches this customer with caution....

There is a fire department report that verifies the vehicle smoke and fire ARD, complete with the vehicle's VIN #, etc. The interior of the car was heavily tainted with smoke when the fire dept. arrived, as well neighbors came out in mass, etc. to witness to smoldering car in the middle of the street and the two fire engines, both of which came at the request of BMW SOS.

With due respect there are PLENTY of witnesses to this vehicle smoldering/fire. I'd probably be accurate, If I were to say that "at least" 1-dozen people witnessed the incident.

Neighbors I generally only wave to came out to offer help, and to check up on us the following day to see what happened. Believe what you will ARD. There's not only physical evidence of a fire/smoldering on the vehicle itself, but also visual evidence of the actual incident in progress from a multitude of people.

[ABMW]

Originally Posted by hotrod2448

Judging by what you are saying regarding BMWNA's and BMWFS's responses to this situation you might have been better off to go against your advice and let it burn like the one pictured previously. At least then there is no arguing if there was/wasn't a problem.

The problem there is that one has a legal duty to attempt to mitigate damages to a vehicle. It's written within the language of most warranties.

For example, if one were to keep driving a vehicle with an oil light on and zero oil pressure, instead of immediately shutting off the engine, BMW could deny coverage. The same principle applies here.

[Craig]

Same here, I would have let it burn to the ground and let the insurance company handle it...

Craig

[quackbury]

Okay, what am I missing?

If there was a "fire" there would have been some evidence in the engine compartment, right? Melted plastic, charred paint, soot marks, whatever? Even if it was just a piece of road trash or a rodent nesting on the exhaust manifold, there would be SOMETHING left behind. Seems pretty black and white to me - if there was evidence, you had a fire. If no evidence, no fire.

In the case of the X5 that burned to the ground, I am guessing a loose connection sprayed fuel on the exhaust manifold. If that had happened to the OP, turning off the ignition wouldn't have made a darn bit of difference.

[Penguin]

Originally Posted by quackbury

If that had happened to the OP, turning off the ignition wouldn't have made a darn bit of difference.

If you have an engine fire from a loose fuel connection, it certainly wouldn't hurt to shut off the fuel pump to stop pumping and spraying more fuel under the hood. Probably would still be totaled and not change the conclusion, but I would expect the fire would develop a bit slower if more diesel wasn't being pumped into the fire.

In any case, if I see smoke coming from under the engine compartment, I'll turn the ignition off to depressurize the fuel system as I leave the vehicle.

[quackbury]

Originally Posted by Penguin

If you have an engine fire from a loose fuel connection, it certainly wouldn't hurt to shut off the fuel pump to stop pumping and spraying more fuel under the hood. Probably would still be totaled and not change the conclusion, but I would expect the fire would develop a bit slower if more diesel wasn't being pumped into the fire.

In any case, if I see smoke coming from under the engine compartment, I'll turn the ignition off to depressurize the fuel system as I leave the vehicle.

Okay. I'll buy that.

But I still don't see how shutting off the ignition would magically erase any byproducts of combustion or other evidence that Mr. ABMW's new ride self-combusted.

Where's Thuder when we need him?