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Old 08-30-2011, 12:05 PM
anE934fun anE934fun is offline
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Location: S.F. Bay Area
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Mein Auto: 2010 335d
Originally Posted by XeroxGuy View Post
First off, I certainly appreciate the responses to date. As of 1:56pm central time, I have not received a return call from the GM. This is after BMWNA left a message for the GM early yesterday evening.
This should tell you all you need to know. You are on your own as regards Suntrup.

I have considered the insurance route, but I am reluctant at this point as I would not only have to take a hit on my premium, eat $1k, but also report that it happened on my property. I worked at a large insurance broker for several years and I do not believe the carrier would accept a claim on the basis it occured prior to me taking ownership.
Yup, you would have an uphill battle having to prove the damage occurred in the short time you have owned the car. As regards a hit to your rates, Comprehensive claims generally don't result in premium increases.

I have not yet engaged my legal consultant. I believe the GM should be given an opportunity to contact me and try to resolve this. I am not impressed that my calls have not been returned, nor that Suntrup has not contacted BMW of Minntonka to discuss the service findings with their Service Manager. I am not sure what is a reasonable amount of time to let them respond in this situation. It appears in MO a Lemon Law doesn't apply, regardless of this being a CPO vehicle. I'm not sure if it makes a difference the original dealership sold this in Indiana. It appears, in fact, that a user on a different message board I posted this on is actually the private party who sold it to Suntrup. I am waiting for some additional detail from this party if that is the case.
Sounds like time to research Indiana lemon law. Otherwise, you are likely looking at a small claims action in MO.

One possible alternative if you can contact the original purchaser of the car (who arguably sustained the mice damage) is to have them file a claim with their insurance company for the mice damage. But that requires the original purchaser to take an action that they really have no motivation to take, since they are out of the picture.
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