BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read
BMW M2 Forum > BMW M2 Discussions > Chances of claiming against dealer for mechanical damage

Post Reply
 
Thread Tools Search this Thread
      08-07-2019, 05:12 PM   #1
meady100
Enlisted Member
15
Rep
34
Posts

Drives: BMW M2
Join Date: May 2018
Location: Beds, UK

iTrader: (0)

Chances of claiming against dealer for mechanical damage

Hi guys, took my 2016 M2 in to an indy garage and BMW specialist for what I thought was a split CV boot. What he found was a hammer dent on the drive shaft (see pic), causing the whole unit to need replacing at a cost of £1.3k for parts and fitting. I'm 99% certain this has been caused by my BMW dealership hammering it back into place during a brake shield replace recall issue. I have a receipt for the brake shield work, and I have the damaged unit in my posession. Unfortunately there has been months of gap between it occurring and me discovering it. I'm dreaming to believe I can pursue this, aren't I?

Name:  67590450_2201697909956021_8681255831620026368_n.jpg
Views: 1469
Size:  166.8 KB
Appreciate 0
      08-07-2019, 05:19 PM   #2
AndrewC1989
Brigadier General
AndrewC1989's Avatar
United_States
10904
Rep
4,537
Posts

Drives: 2015 328d xDrive
Join Date: Aug 2010
Location: NoVA

iTrader: (5)

Garage List
Quote:
Originally Posted by meady100 View Post
Unfortunately there has been months of gap between it occurring and me discovering it.
I'd say your chances are slim and none, and slim may have just left town.
Appreciate 3
junx595.50
      08-07-2019, 05:58 PM   #3
1mm2
Lieutenant
432
Rep
533
Posts

Drives: M2
Join Date: Mar 2014
Location: Northern exposure

iTrader: (0)

Quote:
Originally Posted by meady100 View Post
I'm dreaming to believe I can pursue this, aren't I?
If your relationship with the dealer is a good one (many cars purchased, long term client) you may want to tacitly mention it to your SA and cross your fingers.

I give the above a 1% chance but one never knows.

We had an issue with our 128 nine months after warranty and after approaching them on it they covered half under good will ($800).
Appreciate 0
      08-07-2019, 06:20 PM   #4
Mosely
Lieutenant
Mosely's Avatar
593
Rep
450
Posts

Drives: '18 M2 | '20 X5 | '07 E92
Join Date: Mar 2017
Location: SoCal

iTrader: (1)

I know the horse has left the barn, but curious why you went to indy instead of BMW directly in the first place? Car should still be under warranty right?
__________________
IG Photo Gallery:
instagram.com/dr_m2sko/

Appreciate 2
ried791.50
      08-12-2019, 10:36 AM   #5
meady100
Enlisted Member
15
Rep
34
Posts

Drives: BMW M2
Join Date: May 2018
Location: Beds, UK

iTrader: (0)

Quote:
Originally Posted by Mosely View Post
I know the horse has left the barn, but curious why you went to indy instead of BMW directly in the first place? Car should still be under warranty right?
You've got me worried now! I don't think so though? It was new in May 2016, I bought it used May 2018. Given a 3 year unlimited warranty from manufacture, I figured that expired 3 months ago (May 2019), right? (The UAC had a years warranty, but that overlapped on the last year of the manufacturer's warranty, anyway).
Appreciate 0
      08-12-2019, 11:11 AM   #6
DanG
Major General
DanG's Avatar
United_States
10444
Rep
6,878
Posts

Drives: 2018 M2 AW DCT
Join Date: Aug 2012
Location: Seattle, WA

iTrader: (1)

Garage List
2018 BMW M2  [7.68]
Mosley was a little confused since the US warranty is four years.
Appreciate 0
      08-12-2019, 11:18 AM   #7
TemjinX2
Major
521
Rep
1,487
Posts

Drives: 2008 335xi e92
Join Date: Dec 2009
Location: Socal OC

iTrader: (0)

i would say 0% chance unless you have it on camera. the dealership will probably say the indy did it. I would give it a shot but once they deny you, you can try contacting BMW corporate.

If you bought multiple BMWs in the past...usually corporate will try to help out a bit. I'm not saying it'll be free but they might offer a 50 50 or something.
Appreciate 0
      08-12-2019, 11:45 AM   #8
Artemis
Moderator
Artemis's Avatar
28912
Rep
13,047
Posts

Drives: BMW M2 Competition
Join Date: Jun 2011
Location: Belgium

iTrader: (0)

Quote:
Originally Posted by meady100 View Post
I'm dreaming to believe I can pursue this, aren't I?
If you approach it in a very philosophical way, you got yourself the same '50% chance' as tossing a coin: either you get it or you don't get it.

Seriously though, as it looks that you are in a pretty weak position from an evidential point of view, remember the saying that "you catch more flies with honey than you do with vinegar": raise the question in a very polite way with your dealer. Also depending on your customer profile for possible future services (preserve customer satisfaction), who knows that he may cut you some ex gratia courtesy deal (usually rather in kind than in money) ?

Last week, I noticed that I had lost a tiny screw of a pair of Ray-Ban sunglasses. Impossible to wear those anymore. I visited an eye wear shop with my 12-yr old daughter and asked the sales person if he could help me out. "Let me fix that for you, Sir", he kindly replied, and took the glasses to the back of his shop, quickly fitted a new screw, cleaned the glasses and returned those to me. I offered to pay for the service, but he refused ("You're good, Sir. It's just a screw."). Subsequently, I told my daughter in front of the sales person to go find me inside the shop a pair of quality sunglasses. She chose a pair of Persol sunglasses. I paid and left the shop telling my daughter to always care about people who care for you.
__________________
///M is art Artemis
Appreciate 1
TemjinX2520.50
      08-12-2019, 04:50 PM   #9
Poochie
Luxury at the redline :)
Poochie's Avatar
United_States
9099
Rep
7,563
Posts

Drives: 2016 M2
Join Date: Aug 2012
Location: NYC

iTrader: (3)

Yes, customer service goes a long way but in the BMW service food chain, even if you're cool with your service advisor, the service manger has the final say on coverage.

Warranty reimbursement can be tricky for the dealer when it's not a clear-cut defect, so if they replace it, at their discretion, there's a chance BMW AG might decide it wasn't warranted, then charge back any reimbursement credit. So dealers err on the side of safety and outright deny claim that are ambiguous in nature.

If they do cover it, is would either be a goodwill gesture or their way of accepting negligence. But like was mentioned before, it's 50/50 chance they sway either way. Good luck.
Appreciate 0
      08-12-2019, 05:06 PM   #10
Caduceus
First Lieutenant
Australia
342
Rep
396
Posts

Drives: 2008 135 (sold), 2017 M2
Join Date: Jul 2008
Location: Australia

iTrader: (0)

I’m curious about what functional effect or problem is associated with this indentation. Is it the actual cause of the problem you were having or is it an incidental finding?
Appreciate 0
      08-16-2019, 10:18 PM   #11
Mosely
Lieutenant
Mosely's Avatar
593
Rep
450
Posts

Drives: '18 M2 | '20 X5 | '07 E92
Join Date: Mar 2017
Location: SoCal

iTrader: (1)

Quote:
Originally Posted by meady100 View Post
You've got me worried now! I don't think so though? It was new in May 2016, I bought it used May 2018. Given a 3 year unlimited warranty from manufacture, I figured that expired 3 months ago (May 2019), right? (The UAC had a years warranty, but that overlapped on the last year of the manufacturer's warranty, anyway).
Quote:
Originally Posted by DanG View Post
Mosley was a little confused since the US warranty is four years.
Gotcha, didn't realize it was only 3 years across the pond. We get 3 years maintenance and 4 years of warranty over here.
__________________
IG Photo Gallery:
instagram.com/dr_m2sko/

Appreciate 0
      08-19-2019, 06:05 PM   #12
meady100
Enlisted Member
15
Rep
34
Posts

Drives: BMW M2
Join Date: May 2018
Location: Beds, UK

iTrader: (0)

Quote:
Originally Posted by Caduceus View Post
I’m curious about what functional effect or problem is associated with this indentation. Is it the actual cause of the problem you were having or is it an incidental finding?
Basically the dent was enough over time to cause a failure in the seal, leading to grease leaking out. Just where the silver metal meets black, I assume. In fact you can still see residual grease in that area, although it's been wiped off. At first it was diagnosed as a split CV boot - same failure, essentially. Definitely the cause of failure as two indies diagnosed the same thing. The first did not have the correct tools for the job. Tellingly, as an approved BMW independent, they requested the correct tools to remove the driveshaft from the official BMW dealership I believe did the damage, and were told they did not have them (probably why it got banged in with a hammer originally!).

Last edited by meady100; 08-19-2019 at 06:12 PM..
Appreciate 0
      08-22-2019, 01:44 PM   #13
LuvMyE92
Occasionally frequent poster
LuvMyE92's Avatar
2994
Rep
2,742
Posts

Drives: CT5V-Blackwing
Join Date: Jan 2008
Location: RTP NC, USA

iTrader: (0)

Since the fault is not with BMW and rather with the dealer, I don't see why they would pay to compensate you. And since you didn't take it back to the dealer (not that I blame you) for the subsequent repair, they could easily claim that the other shop did the damage.

Add to that the amount of time passed, and it's probably not even worth the bother.

Unfortunately.

My M2 required multiple service visits (under warranty) to repair rather minor things, but every time I brought it in, they screwed-up something else. It all became rather annoying.
__________________
Current inventory:
F22 & G05
Cadillac CT5-V Blackwing w/3 pedals
Past: E24,E28(3),E34,E36,E37,E38(2),E39(4),E46,E89,E92 (obviously),F01,F06,F10,F30,F87,G12,G30(2),G82(2)
Appreciate 0
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 03:33 PM.




m2
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST