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European Delivery
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  #76  
Old 08-27-2007, 01:12 PM
The Bee The Bee is offline
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Quote:
Originally Posted by rruiter View Post
Exactly what I was thinking. Car was not delivered... You are still waiting for delivery. This one is on BMW, for sure. I wouldn't worry about it. Just ask for a loaner while they get you a new car.
If the car was not delivered, why would they give you a loaner?

Wrong. The car was delivered by BMWNA in Germany.
This is a second, independent transaction: car was shipped (fully covered by insurance) from Germany to US. If car was lost, owner must file a claim. I just hope the claim is not for a "used" car, which technically it would be, and several thousand $$ depreciated. OTOH, why not? He used and enjoyed the car in Germany, after all...
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  #77  
Old 08-27-2007, 01:21 PM
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Jalli Jalli is offline
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Quote:
Originally Posted by The Bee View Post
If the car was not delivered, why would they give you a loaner?

Wrong. The car was delivered by BMWNA in Germany.
This is a second, independent transaction: car was shipped (fully covered by insurance) from Germany to US. If car was lost, owner must file a claim. I just hope the claim is not for a "used" car, which technically it would be, and several thousand $$ depreciated. OTOH, why not? He used and enjoyed the car in Germany, after all...
That's an ass backwards way of looking at the situation. Sure, it was delivered in Germany, but custody was also surrendered in Germany(I presume) to an agent of BMW, so I guess technically the car was never re-delivered. I look at it as all part of one bigger transaction, which would have ended with the car being delivered in the US. Either way, the liability is still BMW's, although now it would be primarily the dealer's liability..

The owner is right on this one; make sure your insurance never hears a thing about this.. Also, I think it only fair for your dealership and BMWNA to provide you with a loaner at this point..
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  #78  
Old 08-27-2007, 01:25 PM
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Quote:
Originally Posted by Jalli View Post
Sure, it was delivered in Germany, but custody was also surrendered in Germany(I presume) to an agent of BMW, so I guess technically the car was never re-delivered. I look at it as all part of one bigger transaction, which would have ended with the car being delivered in the US. Either way, the liability is still BMW's, although now it would be primarily the dealer's liability..
You can look at it from any angle you wish but that won't change things.

It's not one bigger transaction.

In fact, once it's delivered, the owner is the importer of record, not BMW, as well as the shipper.

If you don't think these technicalities matter, you have never dealt with insurance companies.
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  #79  
Old 08-27-2007, 02:05 PM
chrischeung chrischeung is offline
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Quote:
Originally Posted by JSpira View Post
If you don't think these technicalities matter, you have never dealt with insurance companies.
In large part, this is a very true statement. Insurance companies don't like to pay out - period - and if another carrier is more at fault, they will point you in that direction. This is the reason why on a lot of insurance coverage, you see "seconday insurance" as a condition.

Many insurance claims are a case by case basis, so you actually have to work/fight a lot for your claim. Its possibly unfair, etc., but its what you need to do to make sure your best interests are taken care of. Be professional, unemotional, reasonable and firm.

As to "my worst fear was realized this afternoon", I would offer that them finding your car after it'd been stolen and joy ridden would be a worse occurrence... Just keep the big picture in mind - its just a leased car, and life sometimes happens.

I lost my car on the Tricolor back in 2002, and it took a few months, but in the end I did get another replacement car. It took some fax writing, phone calls, filling out of forms etc. - in the end, I was just left with a great story and a life experience. I'm none the worst for wear a few years on, and have bought 2 more ED cars since. I hope you eventually feel the same, or better.
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  #80  
Old 08-27-2007, 02:31 PM
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Please keep us updated and good luck man!
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  #81  
Old 08-27-2007, 02:38 PM
am_ver am_ver is offline
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From www.bmwusa.com/europeandelivery

The comprehensive European Delivery program simplifies all the details, so you can focus on planning your vacation. Every step of the process, from ordering to insurance and shipping, is taken care of.

The cost of transportation, customs clearance and duty, and marine insurance is included in the purchase price of all BMWs sold under the European Delivery Program.

Your BMW will be inspected again upon arriving at your BMW center. The center's technicians will also install any optional accessories you wish to add to your new BMW. Your client advisor will redeliver your car to you, the perfect souvenir of your European vacation.

Your CA WILL redeliver your car to you - thats the promise made by BMW.
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  #82  
Old 08-27-2007, 02:45 PM
chrischeung chrischeung is offline
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Quote:
Originally Posted by am_ver View Post
From www.bmwusa.com/europeandelivery

The comprehensive European Delivery program simplifies all the details, so you can focus on planning your vacation. Every step of the process, from ordering to insurance and shipping, is taken care of.

The cost of transportation, customs clearance and duty, and marine insurance is included in the purchase price of all BMWs sold under the European Delivery Program.

Your BMW will be inspected again upon arriving at your BMW center. The center's technicians will also install any optional accessories you wish to add to your new BMW. Your client advisor will redeliver your car to you, the perfect souvenir of your European vacation.

Your CA WILL redeliver your car to you - thats the promise made by BMW.
Isn't that more of a general SOP statement than a promise?

I'm not a lawyer, but I would think that a situation like theft would be covered under something like "force majeure", and you couldn't actually hold BMW to it?
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  #83  
Old 08-27-2007, 02:47 PM
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Quote:
Originally Posted by Craigito View Post
Thanks Bernard. I agree that it shouldn't be my problem, but I had to report the car stolen myself since i'm the owner (not the dealership). Even thought it happened on their property. The police dept. confirmed that I had to report it stolen so I did that today in person at the dealership with the police.

If the car does not show up, the dealerships insurance will be getting the claim. Hopefully the car shows up and I don't have to go through a legal process.

I'll reserve my comments towards the dealership depending on how this all pans out and how well I get treated.
Make sure none charges against your policy. Frankly, even it turned up now, you should try not to accept it because you just don't know what has happened to the car.
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  #84  
Old 08-27-2007, 02:51 PM
chrischeung chrischeung is offline
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Quote:
Originally Posted by am_ver View Post
From www.bmwusa.com/europeandelivery

The comprehensive European Delivery program simplifies all the details, so you can focus on planning your vacation. Every step of the process, from ordering to insurance and shipping, is taken care of.

The cost of transportation, customs clearance and duty, and marine insurance is included in the purchase price of all BMWs sold under the European Delivery Program.

Your BMW will be inspected again upon arriving at your BMW center. The center's technicians will also install any optional accessories you wish to add to your new BMW. Your client advisor will redeliver your car to you, the perfect souvenir of your European vacation.

Your CA WILL redeliver your car to you - thats the promise made by BMW.
I also saw this on the website:

The information in these Web pages is intended for U.S. customers only and is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. In no event shall BMW NA be liable to any person for any special, indirect or consequential damages relating to this material.
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  #85  
Old 08-27-2007, 04:31 PM
am_ver am_ver is offline
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Quote:
Originally Posted by mason View Post
Make sure none charges against your policy. Frankly, even it turned up now, you should try not to accept it because you just don't know what has happened to the car.
Don't accept it since u don't know where its been?!!

i don't think that will fly.... just take the car if they are able to locate it.
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  #86  
Old 08-27-2007, 05:03 PM
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Quote:
Originally Posted by beewang View Post
Bull$hit!!! Incompetent dealer doesn't get deserve to be protected.

Spill the bean. Who is it??!!

+ no details makes it harder to reply coherently
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  #87  
Old 08-27-2007, 05:26 PM
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Update

So I called BMWNA and BMW Euro Delivery and both stated the dealer needs to take care of me. BMWNA said to contact them immediately if the dealer starts to show any resistance or I don't think i'm getting fairly treated. BMWNA said no way should it involve my own insurance co. Waggoners trucking confirmed the date of delivery.

I'm going to put a letter together to the Dealer GM stating this and that they need to take care of this fiasco immediately. The car is gone forever I'm afraid. BMW assist has been getting no signals from the car since I reported it stolen on Sat (who really knows when it was taken). I need the car re-ordered immediately and a loaner provided. They offered me a loaner when I got the bad news, but declined at the time. Time to take them up on that offer.

I was reading the other fellas post in San Diego (more than a few times now). It's very weird. He had the same Space 335i as me and his car came in on a Saturday like mine too. Also, I had this whole "lost key fob" excuse for 3 days and he was also not told for 3 or 4 days too. I'm still not sure if everything is on the up and up. The whole key fob thing is iffy. I can't believe you wouldn't go look in the car if you were missing a key. Talk about taking you sweet time. I got the "we've got a problem" email like an hour before I was to pick up the car". This farking sucks. Any hope of a mishap in shipping is quickly fading each day.

I'll update you guys when anything new develops. Man, I miss my car
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  #88  
Old 08-27-2007, 05:34 PM
Craigito Craigito is offline
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Quote:
Originally Posted by clarkcc1 View Post
Exactly... the Allianz insurance covers until redelivery. Why ever notify your own insurance and have your rates go up? I never understood why people ask "when do I add my ED car to my US policy?" and the answer sometimes is " as soon as it hits the port". Because I read the details that Allianz covers till redelivery, I didn't add my car to my policy until the day I picked up at the dealer. To each his own I guess!
Yes, the Allianz wording says the maritime ins ends when the car is "handed over to the buyer". Didn't quite get to that point
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  #89  
Old 08-27-2007, 06:05 PM
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Not to add to your plate of worries, but *if* the vehicle is recovered, even pristine, given that it has been reported stolen, your resale value will be impaired. (I guess this matters only bought, and didn't lease it?) I only mention this as something to remember when you are dealing with the dealership on what it will take to make this right.

Good luck, and hope things get set right for you.
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  #90  
Old 08-27-2007, 06:10 PM
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Thnx for the Update.

No worries CT, there is nothing in the world that can't be fixed with the mighty $$$sign

Look at the bringt side, you are now getting a 2008 model car with ZERO miles on it without have to return to Munuch. Let's take lemon and make it lemonade shall we??!!
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  #91  
Old 08-27-2007, 06:10 PM
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Do you have a friend who is a lawyer? I would be sending this letter via my attorney. Perception is everything.
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  #92  
Old 08-27-2007, 06:13 PM
Northcar Northcar is offline
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Thanks for keeping us posted. Glad to see you have BMWNA ready to back you up if the dealer fails to do everything possible to make it right.
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  #93  
Old 08-27-2007, 06:15 PM
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Quote:
Originally Posted by 02325xi View Post
Not to add to your plate of worries, but *if* the vehicle is recovered, even pristine, given that it has been reported stolen, your resale value will be impaired. (I guess this matters only bought, and didn't lease it?) I only mention this as something to remember when you are dealing with the dealership on what it will take to make this right....
I wouldn't worry about this one. This is a non-issue as that will NOT be CT's car. We know this from prior case with the same scenerio.
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  #94  
Old 08-27-2007, 06:17 PM
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Originally Posted by JSpira View Post
Do you have a friend who is a lawyer? I would be sending this letter via my attorney. Perception is everything.

Or perhaps a fellow bimmerfester here can do some "ProBono" work for CT and help out another bimmerfester

Anyone??!! Anyone!!??
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  #95  
Old 08-27-2007, 06:22 PM
Craigito Craigito is offline
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Quote:
Originally Posted by JSpira View Post
Do you have a friend who is a lawyer? I would be sending this letter via my attorney. Perception is everything.
A friend of mine owns his own business and has a couple guys in mind if I need somebody. However, I think on the first run, if I clearly explain my expectations and stress my seriousness that might be enough. I only want to bring up the word lawyer if it is really necessary.

We'll see how it goes. I'm basically requesting a full commitment on a resolution by end of the day Wed. That way it doesn't drag on.
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  #96  
Old 08-27-2007, 06:26 PM
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iversonm iversonm is offline
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Quote:
Originally Posted by Craigito View Post
Also, I had this whole "lost key fob" excuse for 3 days and he was also not told for 3 or 4 days too. I'm still not sure if everything is on the up and up. The whole key fob thing is iffy. I can't believe you wouldn't go look in the car if you were missing a key. Talk about taking you sweet time. I got the "we've got a problem" email like an hour before I was to pick up the car". This farking sucks. Any hope of a mishap in shipping is quickly fading each day.
While it appears that there was gross negligence on the part of the dealer, and that it is also likely that it was an inside job, I wouldn't assume the dealership conspired to steal your car without strong evidence. It doesn't pass Hanlon's Razor: "Never attribute to malice that which can be adequately explained by stupidity."
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  #97  
Old 08-27-2007, 06:31 PM
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Quote:
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....We'll see how it goes. I'm basically requesting a full commitment on a resolution by end of the day Wed. That way it doesn't drag on....

Knowing how a dealership operates and knowing the position the typical owner of the dealership takes... I would have to say that your expectation will be unlikely to be fufilled.

Which is a nice way to say: ".... dude... you are dreaming!!!......"
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  #98  
Old 08-27-2007, 07:14 PM
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X3 Skier X3 Skier is offline
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Just add Esq.

Quote:
Originally Posted by JSpira View Post
Do you have a friend who is a lawyer? I would be sending this letter via my attorney. Perception is everything.
Speaking of Perception, just signing a letter as "Mr. X3 Skier, Esq" has gotten some very prompt and satisfactory responses in some of my minor disputes back in the day.

Cheers
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  #99  
Old 08-27-2007, 07:30 PM
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Originally Posted by X3 Skier View Post
Speaking of Perception, just signing a letter as "Mr. X3 Skier, Esq" has gotten some very prompt and satisfactory responses in some of my minor disputes back in the day.

Cheers
Ja, Esq. is commonly appended to any gentleman´s name in the U.K. so why not.

If the writer of the esquired letter is well known to the recipient, however, it may not have the desired effect.

Wow, that guy is not only a rocket scientist but a lawyer too!
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  #100  
Old 08-28-2007, 07:33 AM
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Andrew*Debbie Andrew*Debbie is offline
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Quote:
As to "my worst fear was realized this afternoon", I would offer that them finding your car after it'd been stolen and joy ridden would be a worse occurrence... Just keep the big picture in mind - its just a leased car, and life sometimes happens.
In San Diego stripped is more likely than joyride. If that's what happened, the police will find the car soon. That's what happened to my Jetta. Twice.

I got it back in better then new condition. I sat on the body shop until they did the work to my satisfaction. It is possible. Took months.

Theft recovery pushed the resale value up. I sold it not long after the second theft. The car looked great.


This is of course the worst possible outcome. I hope it isn't what happened.
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