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BMW dealer wrecks M5 and won't pay for damage

42K views 173 replies 40 participants last post by  anE934fun 
#1 ·
Copied this from Lexus GS forum - Dealer is apparently in DFW area:

BMW dealer wrecks M5 and won't pay for damage

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We complain about our dealerships, but check this out. Everything I've read about bad dealers on this forum pales in comparison with this story.
http://www.m5board.com/vbulletin/e60...est-drive.html

Quote:
An M5Board forum member took his 2007 BMW M5 to the dealer for brakes and fresh oil. Their 20-year-old tech crashed it during a test drive. The dealership's offering him $2500 in parts. The problem? There's $30,000 in damage.

It's a topic of heated discussion over at M5Board, racking up over 108,000 page views so far and causing a bluster within the M5 community about the whole issue of service and owners rights. There are over 38 pages of commentary but we'll do you the favor of breaking it down to the key details.

The victim here goes by the handle "tjav8b" and this is how the whole thing started out:

Dealership rags my car and wrecks it on a test drive!
Took my car into dealership this morning for a oil/brake change. I get a call a few hours later (not even from the manager of the dealership) that my car had an "accident" while being test driven. They stated the driver hit a patch of sand and slid into the curb at 20mph. Damage...Wheel cracked, tire blown, front end will need repaint and the strut is cracked open. Immediately called B.S. on the story and it was obvious temp manager knew what really happened when I got there but would not admit it. I asked where it happened and he said a few streets behind the dealership. So, I go check out the area and it didn't take long to find it. Around a turn was 30ft of tire marks (no sand) and not only one but two separate curb impacts and coming to rest in a puddle of strut fluid. Total distance from first curb impact to strut puddle was about 120ft! So, it is obvious what happened, the mechanic was out ragging my car and lost control. Manager on duty actually had the balls to mention the lack of treadwear left on my rear tires as being a possible cause! We are talking a 100 degree day and dry as hell! He had nothing to say as to why the mechanic test drove in M mode (full dynamic off)! No M mode, no accident.
I have already told them to not touch anything and do not order anything until I contact them. I have already documented the crash site with video/pictures. Police told me they could not take a report because BMW had moved the car before I got there.
Anyone been in this type of situation before? Suggestions on how I should proceed?
Of course this incites the fires of hell in the commentary, and many suggestions to carefully document the incident, tell the dealer to do nothing until he gets some legal advice and then go from there.

This all took place this weekend. No doubt about it, the mechanic was driving reckless. I measured 110 feet from the point of intial impact to where the car finally stopped. This does not include the brake marks before impact. I forgot to mention this all happened on a 30 mph street.
After confronting the service manager with the evidence they dropped all pretense the damage came about as a result of bad road conditions. The previous claim of sand on the road causing a skid doesn't end with 110 feet of skid marks. The next update is a whopper:

Well...this is how the day went. They are not going to do anything other than have the car fixed. Of course they offered to fix it themselves and give me a loaner. They estimated a parts only cost without painting to be $2500. I talked to the GM (General Manager -Ed.) about depreciation, extended warranty, buying my car, selling me another car, you name it. He said if anything was damaged in the engine/drivetrain they would know it and they didn't find anything. They are not going to budge off of anything they feel like they are not required to. This is all after finally admitting they were grossly negligent and the 20 year old kid trashed my car like a rental! As soon as the owner said absolutlely no to any other option I told them not to do anything to my car, box it up and send to another dealership that another board member helped me out with (thanks again buddy). The GM then said they were going to immediately turn this over to their insurance. Get this, their deductible just happens to be $2500. They acted like this happens all the time and they already have a lot of lawsuits on them.
Contacting my lawyer in the morning for next course of action. I am willing to bet the next dealership is going to find a lot more wrong with this car.

And the next dealership did just that. After removing some body panels for inspection, they found a broken strut, borked inner brace, bent steering gear assembly, damaged rear suspension many instances of body damage, in total about $14,000 in parts and another $16,000 in labor. Currently the boned M5's owner is seeking further legal advice and negotiating with the dealer. One of the most clever parts of this story is how the actual dealer's name has never been mentioned, and that's by design. We're sure a dealership would be willing to work towards an amicable solution rather than have their name anywhere near this debacle. Our guess? It's either Autobahn Motorcars, Moritz BMW or BMW of Dallas given the M5Board member's from Fort Worth, Texas and those are the only three BMW dealers in less than 30 miles.

We'll stay tuned to find out how this all ends.
 
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#9 ·
#7 · (Edited)
In Tarrant county?

From the pictures I've seen it looks like the car is either currently at or was at BMW of Dallas. Those pics are definitely not taken at Autobahn. But the unknown is were they taken before the car was moved or after.

I'm biased but I would be exceedingly surprised if this happened at Autobahn. I know the GM personally and I know a lot about the owner and this is not the way they would operate. At least I hope not.

Something about this story does not pass the "smell test".
 
#10 ·
bad things happen in life.

if they offered to repair the car, to put it in the exact condition as it was when he brought it in, then his only other possible damages are diminution in value, if his state allows it.

Caveat, I'm a defense attorney, so lets assume there is liability, and the only thing we are concerned with at this point is the amount of damages.

What else does he think he's entitled to, punitive damages, consequential damages for emotional distress, mental pain, anguish and suffering? :rofl:

I know it totally sucks, and that's life....just like getting in an accident....you can be sitting at stop light, minding your own business, and get rear ended. Your get your car fixed, its not going to be perfect....but that's it, should your insurer or or the other driver have to give you a new car, just because you don't want a repainted trunk lid? :tsk:
 
#11 ·
Did you read the original post?

They were offering to fix it up to the tune of $2500. The car actually has $14k worth of damage (in parts alone).
Translation: they were offering to do a cosmetic fix + glue and duct tape on the mechanical bits sufficient to get rid of this poor sap.
 
#14 ·
Dealership is insured. The OP should demand some mad depreciation costs, or get something new all together.
 
#16 ·
I hope when I get my M5, I am treated better than this.
 
#25 ·
Good luck with that. According to some here that even the 3 series gets treated like a rare one-off Ferrari at dealerships and porters and techs take every opportunity to beat on them...What chance does an M5 stand? :dunno:

For those of you wishing to have a fun read...Search for "Savage BMW" here. I was somewhat involved in that saga and all I can tell you is, you're only seeing one side of the story.

Having witness this first hand, the M5 owner should have immediately contacted HIS insurance company and have them deal with the dealership's insurance rather than try to haggle with the dealership. That or call his lawyer "friend" immediately and have him show up at the dealership with him. :eeps:
 
#27 · (Edited)
little update fwiw -

Based on the quoted mission statement I know what dealer this is.

I'm not trying to disparage the OP, but this is what I found and what I know. I just returned from driving the entire area where the OP said the accident happened and where he said he found 30ft of skid marks and curb impact. There are three streets behind the dealership. I drove up and down each of those streets VERY slowly and found no evidence that matched what the OP reported. I found one place where you could tell someone had laid down some rubber. There was one short strip and one longer strip, but neither one showed any sign of an out of control car and there was no evidence at all that the curb in that area had experienced any kind of impact once much less twice. So, that is what I observed.

I know the management of this dealership and the OP's account of how he was treated is 180 degrees opposite of this dealership's management style/philosophy. I know the owner is a man of very high moral standards and is a very strong supporter of the local community; to the tune of several hundred thousand dollars in support of community organizations each year.

I'm not saying the accident didn't happen; though I could not find the evidence the OP reported. I am saying I don't believe the OP is representing the facts and the details accurately. I find it interesting the OP got a lawyer so quickly and is already thinking of ways to "crush" the dealer. I'm thinking his story better be accurate or he may just be opening himself up to a libel claim.
 
#28 ·
little update fwiw -

Based on the quoted mission statement I know what dealer this is.

I'm not trying to disparage the OP, but this is what I found and what I know. I just returned from driving the entire area where the OP said the accident happened and where he said he found 30ft of skid marks and curb impact. There are three streets behind the dealership. I drove up and down each of those streets VERY slowly and no evidence that matched what the OP reported. I found one place where you could tell someone had laid down some rubber. There was one short strip and one longer strip, but neither one showed any sign of an out of control car and there was no evidence at all that the curb in that area had experienced any kind of impact once much less twice. So, that is what I observed.

I know the management of this dealership and the OP's account of how he was treated is 180 degrees opposite of this dealership's management style/philosophy. I know the owner is a man of very high moral standards and is a very strong supporter of the local community; to the tune of several hundred thousand dollars in community organizations each year.

I'm not saying the accident didn't happen; though I could not find the evidence the OP reported. I am saying I don't believe the OP is representing the facts and the details accurately. I find it interesting the OP got a lawyer so quickly and is already thinking of ways to "screw" the dealer. I'm thinking his story better be accurate or he may just be opening himself up to a libel claim.
The only things that matter are:
1) was the M5 damaged?
2) who was driving the M5 when this happened?
3) how much was the M5 damaged?

These three questions should be very easy to answer.

And the fact that the Dealership is negotiating with the M5's owner is very strong indication as to 1) and 2).
 
#42 ·
Unfortunately I never got the chance to manually shift the DCT. The test drive went by so fast.
 
#47 ·
Good.
 
#46 · (Edited)
I loved the 135i M sport I drove. Real muscle feel to it. Was not the DCT though..
The 335is I drove was and I could tell it shifted a little faster, but the main feeling was how smooth the power was and the less loss during shifts, the dual clutch.
1M +dct would be fun but I hear it will only be offered in 6MT. Similar to one of my favorites, the E39 M5.

And OP, if I wanted to know about a local dealer I would check the regional sections of the forum and/or a local forum such as azbmw.org
If you are not on azbmw.org already, there is a lot of info on which shops to go to for what. Bunch of goofs though..
 
#49 ·
tturedraider, I'm sure you see a good side of that dealership, but my experiences have been less than positive. Note that I have purchased FIVE new BMW's since 2004. I'm not exactly a window shopper. I shop to purchase.

On two separate occasions I have attempted to purchase through them, but on both occasions I was not treated as a serious buyer. I felt like the CA thought I was wasting his time both times. I had scheduled appointments and shown up on time for them. I am not a hard negotiator. I am actually a pretty easy sell. My household income is what I would consider well into upper middle class and my credit score as of two weeks ago was approaching 800. Yet, when I walked in with my wife and two kids, the CA acted as if I was just someone there to take a free test drive despite the fact that each time I pulled up in a relatively new BMW. Thanks, but no thanks.

To each his own, I guess, but I'll stay where I am since I am able to buy the car I want at a price that's comfortable for me. My last two were negotiated via email. I only showed up for delivery and to sign the paperwork. I have a great SA who knows who I am when I call or stop by out of the blue and who even tells me things most people wouldn't know about the cars. We even discussed the HPFP issue before I bought my 335.
 
#50 · (Edited)
tturedraider, I'm sure you see a good side of that dealership, but my experiences have been less than positive. Note that I have purchased FIVE new BMW's since 2004. I'm not exactly a window shopper. I shop to purchase.

On two separate occasions I have attempted to purchase through them, but on both occasions I was not treated as a serious buyer. I felt like the CA thought I was wasting his time both times. I had scheduled appointments and shown up on time for them. I am not a hard negotiator. I am actually a pretty easy sell. My household income is what I would consider well into upper middle class and my credit score as of two weeks ago was approaching 800. Yet, when I walked in with my wife and two kids, the CA acted as if I was just someone there to take a free test drive despite the fact that each time I pulled up in a relatively new BMW. Thanks, but no thanks.

To each his own, I guess, but I'll stay where I am since I am able to buy the car I want at a price that's comfortable for me. My last two were negotiated via email. I only showed up for delivery and to sign the paperwork. I have a great SA who knows who I am when I call or stop by out of the blue and who even tells me things most people wouldn't know about the cars. We even discussed the HPFP issue before I bought my 335.
I've heard this complaint before. It may be 100% valid, but I think, at least sometimes, it's because they try to be really low pressure. I've had it happen, too. I'm in there looking for several minutes before anyone even approaches me and asks if I need help. However, blowing you off as a serious customer is unacceptable. I can't imagine a CA doing that with someone who had the courtesy to make an appointment and even show up on time. I have not actually purchased from them, only because I've ended up finding and purchasing my bimmers from long distance. I have used their service department and have been pleased with those experiences.
 
#51 ·
So far my buying experience has been pleasant, mind you I just placed an order. I just showed up, no appointment and I was treated well. The CA actually knew more about the car than I did which was refreshing for a change. Pricing was fair, quick and without back and forth. I did screw up a bit by negotiating down from MSRP instead of negotiating up from the invoice but overall I got the price I am happy with and I still think they made a fair profit. The only thing that pissed me off so far was the $150 doc fee which used to be $50. That's $100 I'll never see again....
 
#52 ·
So far my buying experience has been pleasant, mind you I just placed an order. I just showed up, no appointment and I was treated well. The CA actually knew more about the car than I did which was refreshing for a change. Pricing was fair, quick and without back and forth. I did screw up a bit by negotiating down from MSRP instead of negotiating up from the invoice but overall I got the price I am happy with and I still think they made a fair profit. The only thing that pissed me off so far was the $150 doc fee which used to be $50. That's $100 I'll never see again....
I've wondered what they were charging for the doc fee now. You may already know the Texas legislature removed any cap on doc fees. Dealers can now charge whatever they want, with the caveat they have to submit proposed increases to their licensing agency justifying the increase.
 
#54 · (Edited)
Read the whole story and saw the photo on BMW Blog. Some test drive. That car was out for a joy ride and that kind of damage wasn't from any curb. What a bunch of liars.
Hope he sues the crap out of that disgraceful excuse of a dealership and of course they should provide him with a brand new M5.
 
#55 ·
hp, I'm not sure how serious you're being, but all you can really tell from the photos is that the body panels have been removed to assess the amount of damage.
 
#63 · (Edited)
#64 ·
#67 ·
If that was the case why has the dealer not responded? I have to believe they are aware of this. If they had tried to make good it would be fairly easy to show offers in good faith or their original estimate showing more than 2500 in damages.
 
#68 · (Edited)
It's kind of like not trying your case in the press. Is it really that hard to understand?

And now I'm finished with you.

And I'm finished posting in this thread, since by doing so I'm the main one on Bimmerfest giving this story any traction and that I do not want to do.
 
#69 · (Edited)
Of course emotion plays a part in it. We have a member of the community who has his car wrecked. Of course we are all upset. Wouldn't you be? Emotion is coming in on your side as well. You have a connection to the dealer and can't see how they could act like this. It's one persons word vs anothers Right now the guy with pictures of his trashed car has evidence, the other side of the story doesn't. Evidence goes a long way.
 
#71 ·
Thank you DaKoren for backing up a fellow member who is involved in an unfortunate incident. This dealer should have taken the high road to handle this mess. Dealer has so much to loose from BMW community.
 
#70 ·
Wow, some heat around here.

It's nothing personal, folks.
There's lies, damn lies, and forum claims.


To clarify though, there are two pics of the car in question. The second shows what looks like a broken/collapsed shock tower.
 
#72 · (Edited)
No matter how you slice it, the dealer claim doesn't match up with $30,000 in estimated repairs/labor to restore it.

I think I will photograph/date my car from all angles when the car has arrived at the dealership before they touch it. I have to protect myself and do whatever it takes.

Scary and extremely disappointing stuff.
 
#73 ·
Actually, I consider myself lucky to be driving a boring, stock E90. The service dudes will only yawn.
 
#76 ·
1Bimmerguy

(such an orginal name, plus admits on making an account just for this accident)

prolly the dealer owner himself, or the kid who did it trying to save his job. i can't wait for the results!

All i got to say is TROLLL
 
#78 ·
This story is pretty incredible. It doesn't matter if the owner of the M5 is a very lucky 16 year old with very wealthy parents, or someone who scraped every penny together to afford a dream car, the dealership has a responsibility to the customer. It's incredible how businesses still don't comprehend that they are operating in the internet age where word of mouth travels farther and faster.
 
#79 ·
And once something hits the internet it is treated as a fact. As someone on M5Board said to me, "perception is reality, whether it's right or wrong". Everything the OP says is taken as unquestionable gospel. No one knows the full details of what and how it transpired between the dealership and the OP except them. However, it serves a dealership no value to engage in a "verbal" tit for tat over the internet about what their side of the story is v. the OP's side of the story.
 
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