Xoutpost.com - Help! 2008 BMW x5 4.8 Engine Failure

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Quote:

Originally Posted by Pierce330 (Post 1037518)

Isn't BMW CPO an additional 2 years or 160 000 km (North of the border)? So the OP's X would be out of warranty? Or am I just confused? Also, I may have missed it, but what actually caused the engine to seize? Was there an actual diagnosis.

It is 2 years or 100,000 miles but he car isn't a CPO nor was it eligible. The MB dealer was offering a warranty for 2 years for $5k.

I would suggest to read post 1 again, as it is all mentioned there including that the BMW dealer says caused the engine failure.

Quote:

Originally Posted by trader4 (Post 1037529)

He's not exactly suing each for the same thing. He'd be suing the MB
dealer for either not doing the filter change or using a crappy filter.
He'd be suing BMW for failing to correctly diagnose the car, sending him
away when he immediately returned with a CEL after driving only 1 mile
that then turned it into a catastrophic failure.
I don't know what the exact rules are regarding how one can or can't
proceed against multiple parties like that. It's not double dipping, he
wouldn't get paid sums by the two that exceed the
cost of doing the repair. He should check with a lawyer. You may be
right that he has to go after all 3 at the same time. If so, that's bad
for him because then he's up against the small claims limit.

It's kind of like I hire a guy for $5000 to paint my house, I supply
the paint. He does a
lousy job, but I also think the paint is defective. Do I have to sue both
at the same time? I can't sue the painter for $1000 back for doing a
sloppy job and then later sue the paint company for money back on
the cost of the paint because the paint was also defective?

For the paint, that would be two separate cases if desired. He cannot sue the MB dealer for using a crappy oil filter that caused engine damage and then the BMW dealer for failure to diagnose what led to the same engine damage. The end result was the same, the engine failed. It is either the same suit or to just one. If a new engine is $25k and if the small claims limit is $10k, he cannot go after the others for the additional $15k. the court already heard the case of the failed engine...that is the point. Just because a plaintiff used the wrong venue, that is not a problem the defendant has to deal with.Using you logic he could get $30k if he sued each individually. See why you can't sue more than once for the same issue? Your damages are capped by what the damages actually are and then by what the court can hear. If you pick small claims, you are bound by that limit.

Quote:

Originally Posted by lanbrown (Post 1037528)

Yes, that is what I was thinking as well...someone quoted CPO earlier and I was like, no, it is just a used X...I may have misread somewhere, if that is the case, then I apologize...

Either way we analyze the situation, the OP is in a very difficult position.

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.

Quote:

Originally Posted by lanbrown (Post 1037546)

You are probably correct, it will be difficult to begin a 3rd party suit especially if the manufacturer is not in the mainland U.S. Also, because no bodily harm was of result, I think that a lawsuit will be an expensive bust...Just my own opinion...doesn't mean that it is not possible...

Quote:

Originally Posted by trader4 (Post 1037550)

I agree with most of your points, except the last. There is no requirement
that one actually fix anything in order to collect damages.

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.