07-27-2023, 12:07 PM | #1 |
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[CA] Car has been in service for almost 30+ days
Hello everyone,
If you dig through my profile, you can see that I have been complaining about various issues with the car (some more serious than others) and I have been attempting to get multiple dealers across SoCal to fix them to no avail. However, I finally found one that was willing to listen to what I had to say, and confirm my suspisions of something actually being wrong with the car. Now, my problem is that this process of "diagnosing" the issues is taking absurdly long. The car just sits at the dealer for multiple days without end with nobody bothering to do anything. How do I know this? I religiously check the myBMW app to check up on my car's status and it's either left locked or open for multiple days. My service advisor said that the main diagnosis for the engine ticking noise that I had was completed so now, we're just waiting on a reply from BMWNA. This was about a week ago, and the SA also told me that they would start diagnosing the 1000 other issues I had with the car, but I have not yet received an update on that. I know all of this sounds like me just ranting (and it kind of is), but what I am wondering is what are my options for compensation? California's Lemon Law protects both new car owners and used car owners (the latter is me) as long as the car still has its original New Vehicle Limited Warranty, which mine does (and henceforth why I'm so insistent on the dealer fixing my car). I was originally going to try and get a G80 xDrive but I realized how expensive they were, so that's out of the question. The only car I'd reasonably be able to switch to would be another F8x M car, preferably a F80. However, none are CPO'd anymore and I doubt that BMW would do a "trade assist" with a non-certified out of warranty car on their used lots. So that brings us to option 2, monetary compensation. Is there a way that I can get fairly compensated without bringing a lawyer into this? Looking at the current state of things, this car is going to sit for a long while at the dealer so it will be close to/over 2 months in total time at the shop. At the very least, I'd expect 2 payments to be refunded/waived but honestly I shouldn't be dealing with these many problems from a practically brand new car that still has a year left in warranty. Any and all help is appreciated, thanks! Edit: Mainly worried about DCT clunking issue at the moment as I have a reasonable amount of confidence that the engine ticking BMWNA case will go in my favor. If they can't fix it, I will probably laywer up to get my car bought back with some other added benefits as I think that would actually define the car as a "lemon" (have taken it in for the same issue multiple times, nothing was done, car in the shop for a month+)
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Current: 2024 G87 M2 (ZF8)
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07-27-2023, 04:01 PM | #2 |
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Im not a lawyer and don't really know much about the laws related to this... so this isnt so much helpful advice as me just rambling here... but I suspect you arent going to get any sort of compensation. Definitely wont get payments waived... there are multiple companies involved there and none of them are the dealer thats working on your car. I guess in theory you could ask them to reduce the repair costs by that amount or something, but even thats not equivalent. The time you dont have your car is unrelated to what youre paying for it in the meantime... I mean if you get your car in the end you still have the car, which is what you are paying for. The ACTUAL 'damages' you are suffering from this is anything associated with not having it such as cost of a rental if you needed one.
If its not your only car then you have no actual monetary damages, so unless they harm your car I dont think you're legally entitled to anything. That being said sometimes you can talk a company into giving you things you arent legally entitled to just to keep you happy. You can always approach them with the issues. But if they were already the only ones willing to look at it for some reason... you might be out of luck. All that being said, can you not get a loaner while they have your car? Thats pretty normal for a dealership. Might incentivize them to move a bit faster, and would negate any real issues (other than sheer annoyance, which I understand fully). |
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07-27-2023, 04:11 PM | #3 |
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The whole repair operation is covered under warranty, so there wouldn't really be anything there
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07-27-2023, 04:12 PM | #4 |
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If I remember right the dealer is required to provide a loaner for warranty work.
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07-27-2023, 04:14 PM | #5 |
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Not sure if it is actually a policy but I did receive a loaner this time around, I had to schedule about a week in advance to make sure I wouldn't be carless during the repair.
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