Originally Posted by rrental

Please don't get me wrong. If you read the first dozen or so pages from the post most of the people posting comments are suggesting him to sue his a$$ off. It was just a comment in general about sueing and getting sued.

If the dealer is not willing to solve this and owns up to it, he should be "hanged on the highest tree" and all possible actions from the M5 owner to get compensated for his loss should be taken. Me, as a business owner just can't understand the ignorance from this dealer if he does not compensate. The simple fact that this story and his trashed reputation is all over the internet will cost him fare more $$$ than compensating his customer.....It's just common business sense to me.

Sometimes you wonder how they survived this long in the first place with that kind of an attitude.

I would not go there anymore and for sure let the manager know why. This is the strongest weapon of the consumer. Get the word out and stop using their services. The power of internet at work.

I have to admit that I did not read the entire post on the M5 forum. (it's a bit long....) He has been given the runaround and this dealer should be taken out of business.

Originally Posted by m5james

I agree that it has sadly become common place that we sue, but it's also just as sad that that is what it takes in order to get things done. The problem with this whole thing is that the dealership is more than likely only willing to fix the car, even though that doesn't solve the long term issue when the owner tries to resell, trade, etc and it has salvage written all over the title. Doing the right this isn't standard practice anymore, so unless they get sued with some arbitrary number that makes the owner feel better (and the lawyer gets a payday), then ultimately the owner will get left high and dry.

At this point, if the owner doesn't sue, the dealership will never "learn it's lesson" and the following day would be business as usual, minus some repair costs and a few employee changes. Sueing brings the game to a whole new level, widens more eyes and sadly will be what it takes to get the job done. Based on a combination of lies and trying to place some blame on the owner clearly goes to show that the dealership sure as hell isn't going to do the right thing on it's own.

But I do agree, American's sue far too much. This isn't some frivilous lawsuit where some stupid fat chick spilled coffee on herself andthen can't own up to the fact that SHE screwed up. In this situation, it's the only option to ensure that the right thing is done, because anything short of replacing the entire car would be completely halfass. It's not the owners fault, so he shouldn't have to bear the brunt of the loss when the day comes that he decides to get another car.

Hell, let the dealership buy it and turn it into a loaner car, at least then it's not a total loss. Don't forget though, per the manager, it needs some new tires in the back though

Originally Posted by Lambeau

Sorry, but I haven't been here much since I traded my X in for the M6. Been spending most of my web time at the M5/M6 boards and have been watching this story.

Hope you're all having a great summer. I've been on the road constantly (Air Force duty) but drove my M out here to Langley AFB while I'm here for a month. Hope you're all doing well & I miss you all!

I had to do a locate on my M and it came from the Dallas area where this M5 incident happened. Not sure on exactly what dealership this is there though. Took my car into a dealer close to my AFB here in VA and that was 2 days after the M5 incident. I told the service advisor about the M5 & that I did not want ANYONE driving my car except from the drive-up lane to the service bay. He was very defensive at first but eventually understood and was compliant. When I picked up my car I verified the odometer and all was good.

These cars have power that I would describe as "violent" and it takes time to understand and respect that power. I could easily see how a tech with little or no experience with these cars would get in trouble. Somewhat related to the M5 incident; I had a software update put in my M that now allows me to totally disable the DSC that the 2007 manual trans car could not do from the factory. BMW NA has now authorized this upgrade for free so I had it done. Now I can get it back on the dyno to check the RWHP as I tried that once and the DSC wouldn't even allow a dyno run.

Just wanted to say hello and share a few pics from the Great Smoky Mountains NP where I spent the last few days. Put on 1100 miles and it was a PLEASURE in this car on those awesome mountain roads.

Take care all & miss you guys!
Deno

Originally Posted by mgbmwx5

Even if the dealer fixed the M5 as it should be, the automobile title will be changed to "Salvaged", the depreciation factor is huge! You cannot sell it and recover the current worth of this vehicle, never! CarFax will pickup on it right away!

Originally Posted by ard

I made this point on the m5board thread...

The car was brought to the dealership for "Job A". This was the extent of their authority to hold the car.

Once the accident occured they were 'done'. They should have called the owner, asked what he wanted- they could have proposed a solution, but at that point it is purely the owners call.

Here is an analogy- you tender the car to a valet, you come to pick it up and they say "we crashed it". The say 'we'll fix it' .... you go nuts and demand it back.

Will you be accused of being 'premature' and 'failing to let them work it out'?

A BMW dealer is an independent company no different than a car lot, valet service, etc,etc.

Once the loss occurred (ie the owners car stopped moving) it was out of the dealers hands and into the owners hands. The dealer acting like they've been wronged by the owner, and people accusing the owner of 'not working with them' don't understand this distinction.

IMO

A