Same as yours, bay area

Uh, check out your 7yr.70k mile California Emssions statement. I am thinking the DTML pump is the 'vacuum pump' that is listed as 'covered'.

If it were me, I'd demand BMW clarify what 'vacuum pump' they cover in the emissions statement...BEFORE telling them you have a claim.

That may be why the helpful SA just up an volunteered to contact BMW, not for goodwill- but just to see if it is covered.

A

Thanks for the heads-up, appreciate it :) I think when I informed them that I am picking up the car they also realized they might just lose a loyal BMW customer for good and possibly the issue could just be with the sensor, which probably is a less than $200 job to replace it.

Like when you didnt fall for the $1800 quote, they had to figure out a fall back tactic....

Now they can say goodwill, or BMW... whereas had you said ok to the 1800 estimate, any bets on their coming back n
and saying 'it was only 200'?

i am such a cynic....

So as it turns out BMW NA is refusing to assist. During the investigation I found that the BMW Dealership didn't replace the oil in the last service but apparently reset the service level indicator which is showing 2400miles to next service or June 2013, though they had the car for Service in June 2012 when it should have been done.

I contacted BMW NA and they say that you will have to take up the issue with the BMW Dealer directly and if BMW NA has already turned down the request to assist then they will not entertain the request again.

Any suggestions on what my options are in this situation?

What a mess.

First, is BMWNA claiming there is no warranty BECAUSE the dealer didnt change the oil??? If yes, and this is in writing (I can virtually guarantee you this is all phone calls and messages, right?) then get a lawyer involved.

If they are now separate issues, you need to know what is causing the CEL fault.

Did the dealer tell you what part is bad and is causing the DMTL issue? Find out what 'vacuum pump' is covered by BMWNA in the CA warranty. Do this WITHOUT tipping your hand.

Generally people spill their guts and tell their 'story' to the nice agents on the phone- and these people are experts in screwing you. They make it sound like they are dedicated to getting to the bottom of your issue- but in fact they are trying to (1) protect BMWNA, and (2) protect the dealer, if possible. Essentially BMW is saying 'you are on your own with the dealer, feel free to sue them- but we arent doing a thing'.

If your lawyer can force BMWNA and/or the dealer to go on the record with the 'failure to change oil' issue, this may be leverage. At the very least getting this on record may help you later. Did the dealer file a maintenance claim with BMWNA for work never done?

Anyway, first step is to diagnose your emissions fault. Find out if it is a warranted part.
Then demand to BMWNA in writing. Force them to refuse in writing.
Then escalate, letters to CA CARB. Complaint.
Then go after the dealer for defrauding you and voiding your warranty with BMWNA

my 2 cents

Thanks Ard, Because the dealer has been interacting with BMWNA I don't have anything in writing. I was informed about their refusal by the SA so again, except for their call, no other record. I did talk to the service director who now says that there is still some scope to change BMWNA's mind and he will be talking to them again and explaining the facts. I will file my own formal request to BMW through their online form but I am definitely considering my legal options as well, if they are not willing to put this mess right.

have you bothered to find out what 'vacuum pump' is covered in BMW's california warranty?

"on line form"?!?!?? Do you think attorneys file online lawsuits?

"mess right"? What mess? You have a car out of warranty, you arent bothering to see if the CA warranty applies...and you think somehow BMW is responsible for a mess?

The more you talk and send emails and file online forms, without understanding the underlying facts, the more entrenched they get and the harder it will be to move them off a decision.

IMO

Update: BMW is offering to cover 50% of the repair costs. The DMTL pump is covered under CA emissions warranty.

Can I gloat?:cool:

But what are the 'splitting' with you????????????

Do you really think the engine needs to be torn apart for the crank lift issue??? IMO, they know it is a sensor and will do that for $100 and 10 minutes time, and take your $900. Ask yourself- why are they willing to split 1800 to 'fix it', yet when that was first presented it was just to diagnose.....

Did you get another diagnosis/estimate? If no, why not? you'd be in a MUCH better position to refute them, negotiate with them, or decline their offer. Instead you need to waste time or bend over.

For the life of me I dont understand how people who will get 2nd and 3rd opinions from doctors who go to school for 16 years, yet will blindly assume a junior college drop out has nailed their code fix with nothing more than a spitball number.... ;)

A