Welcome to Bimmerfest -- The #1 Online Community for BMW related information! Please enjoy the discussion forums below and share your experiences with the 200,000 current, new and past BMW owners. The forums are broken out by car model and into other special interest sections such as BMW European Delivery and a special forum to voice your questions to the many BMW dealers on the site to assist our members!

Please follow the links below to help get you started!

Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series / 4 Series > E90/E91/E92/E93 (2006 - 2013)

E90/E91/E92/E93 (2006 - 2013)
The E9X is the 4th evolution of the BMW 3 series including a highly tuned twin turbo 335i variant pushing out 300hp and 300 ft. lbs. of torque. BMW continues to show that it sets the bar for true driving performance! -- View the E9X Wiki

Reply
 
Thread Tools Display Modes
  #1  
Old 03-18-2013, 02:52 PM
kpng kpng is offline
Registered User
Location: Ohio
 
Join Date: Jun 2010
Posts: 15
Mein Auto: 2007 328i
Help BMW Dealer Broke my car and refuses to fix it



Hi folks,

I took my car ('07 328i) to the dealer to have my key data read because my warranty/maintenance is up and I want to know what final repair/maintenance I can get done before it all expires. As I was leaving my SA suggested I get the car washed since I was already there so I agreed.

As I was leaving the dealership I noticed that the driver side mirror was folded all the way out. I tried to refold (close it) and re-opened it but it wont lock in the right place. I did not turn back immediately because I had headed to another appointment and did not have time to deal with this. I thought I'd get it fixed the following week since I have already made an appointment for them inspect the car top to bottom per my SA's suggestion, but I did shoot him an email within an hour of leaving the dealership to let him know about the mirror issue.

Anyway, my car has been in the dealer now for almost a week with absolutely nothing done to it. According to my SA, he has been trying to get the service manager to fix the mirror without charge but with no success. So today I finally got to speak directly with the service manager and he came very close to accusing me of breaking the mirror and blaming them for it.

His argument is that the mirror locking mechanism breaks all the time and when they took my car in for a wash and folded the mirror in, the locking mechanism broke and let water in that damaged the internal circuitry which would cost $800 to repair and he refuses to accept any loss for that.

It sounds completely wrong to me that he would refuse to fix it. Even my SA agrees that it is wrong. The best that the service manager would do is to repair it at "cost", which I am assuming will be at least $400.

I don't think I should pay a single cent. What can I do? Any suggestions would be appreciated even thought think I am wrong and they are right. BTW every one I spoke to about this do not think that I should have to pay for any repair of the side mirror. Thank you.

KP
Reply With Quote
Ads by Google
  #2  
Old 03-18-2013, 03:38 PM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,588
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by kpng View Post


Hi folks,

I took my car ('07 328i) to the dealer to have my key data read because my warranty/maintenance is up and I want to know what final repair/maintenance I can get done before it all expires. As I was leaving my SA suggested I get the car washed since I was already there so I agreed.

As I was leaving the dealership I noticed that the driver side mirror was folded all the way out. I tried to refold (close it) and re-opened it but it wont lock in the right place. I did not turn back immediately because I had headed to another appointment and did not have time to deal with this. I thought I'd get it fixed the following week since I have already made an appointment for them inspect the car top to bottom per my SA's suggestion, but I did shoot him an email within an hour of leaving the dealership to let him know about the mirror issue.

Anyway, my car has been in the dealer now for almost a week with absolutely nothing done to it. According to my SA, he has been trying to get the service manager to fix the mirror without charge but with no success. So today I finally got to speak directly with the service manager and he came very close to accusing me of breaking the mirror and blaming them for it.

His argument is that the mirror locking mechanism breaks all the time and when they took my car in for a wash and folded the mirror in, the locking mechanism broke and let water in that damaged the internal circuitry which would cost $800 to repair and he refuses to accept any loss for that.

It sounds completely wrong to me that he would refuse to fix it. Even my SA agrees that it is wrong. The best that the service manager would do is to repair it at "cost", which I am assuming will be at least $400.

I don't think I should pay a single cent. What can I do? Any suggestions would be appreciated even thought think I am wrong and they are right. BTW every one I spoke to about this do not think that I should have to pay for any repair of the side mirror. Thank you.

KP
It's entirely possible the mirror was damaged prior to the wash and that prior damage plus folding the mirror in caused the issue you have now. Such a situation would not be the dealers fault. Whether that's the case or not we don't know so it's your call. I suspect you'll end up paying for the repair unless the service manager has a change of heart.
Reply With Quote
  #3  
Old 03-18-2013, 04:19 PM
kpng kpng is offline
Registered User
Location: Ohio
 
Join Date: Jun 2010
Posts: 15
Mein Auto: 2007 328i
Quote:
Originally Posted by sunny5280 View Post
It's entirely possible the mirror was damaged prior to the wash and that prior damage plus folding the mirror in caused the issue you have now. Such a situation would not be the dealers fault. Whether that's the case or not we don't know so it's your call. I suspect you'll end up paying for the repair unless the service manager has a change of heart.
It is certainly possible, but I have only folded the mirrors in the first week or two when I first got the car - merely to test it out. I have not used it since and I do not fold it when washing the car. So, the only people who would have used it would be the people at the dealership when they take my car in for a wash. I'm not sure what the argument here is now but it is not possible to prove conclusively either way when it broke or who broke it. All I know is that as far as I know it was working fine when I pulled into the dealership that day.

From my talk with the service manager, he is suggesting that even if they broke it when they folded it for the wash, and because of that water got in and ruined the circuitry, they are still not responsible. To me that just isn't right.

If anything were to happen to the loaner I am driving now, i would be totally responsible for the damages even though it was not my fault - a tree falling on it, flat tire from a nail on the road, etc etc. Why does this not apply to the dealer also?
Reply With Quote
  #4  
Old 03-18-2013, 04:21 PM
ddeliber ddeliber is online now
Loving my d
Location: Boston Area
 
Join Date: Jan 2013
Posts: 344
Mein Auto: E350 & 2011 335d
So the car was sill under warranty and then they admit that the water damage was done as a result of the wash that they performed.... Regardless of who is at fault here, shouldn't that be covered by the warranty or was the car out of warranty when your brought it in?
Reply With Quote
  #5  
Old 03-18-2013, 04:22 PM
Cultr Cultr is offline
Officially Welcomed to the 'Fest
Location: Cali
 
Join Date: Jan 2010
Posts: 126
Mein Auto: E92 335i
Quote:
Originally Posted by kpng View Post
It is certainly possible, but I have only folded the mirrors in the first week or two when I first got the car - merely to test it out. I have not used it since and I do not fold it when washing the car. So, the only people who would have used it would be the people at the dealership when they take my car in for a wash. I'm not sure what the argument here is now but it is not possible to prove conclusively either way when it broke or who broke it. All I know is that as far as I know it was working fine when I pulled into the dealership that day.

From my talk with the service manager, he is suggesting that even if they broke it when they folded it for the wash, and because of that water got in and ruined the circuitry, they are still not responsible. To me that just isn't right.

If anything were to happen to the loaner I am driving now, i would be totally responsible for the damages even though it was not my fault - a tree falling on it, flat tire from a nail on the road, etc etc. Why does this not apply to the dealer also?
Because they can prove it happened on your watch BEFORE they accept the damaged loaner back from you, whereas you cannot prove it happened on their watch, you theorize, but cannot prove so, and thus they are not liable to fix it for free...

It'd be easier to just have them fix it and move on, and next time you're in for warranty repairs, do a walk around of the car before you accept the keys and drive off.

Last edited by Cultr; 03-18-2013 at 04:25 PM.
Reply With Quote
  #6  
Old 03-18-2013, 04:24 PM
kpng kpng is offline
Registered User
Location: Ohio
 
Join Date: Jun 2010
Posts: 15
Mein Auto: 2007 328i
Quote:
Originally Posted by ddeliber View Post
So the car was sill under warranty and then they admit that the water damage was done as a result of the wash that they performed.... Regardless of who is at fault here, shouldn't that be covered by the warranty or was the car out of warranty when your brought it in?
Car was still under warranty but according to them, this broken mirror is not covered under my CPO warranty
Reply With Quote
  #7  
Old 03-18-2013, 04:30 PM
kpng kpng is offline
Registered User
Location: Ohio
 
Join Date: Jun 2010
Posts: 15
Mein Auto: 2007 328i
Quote:
Originally Posted by Cultr View Post
Because they can prove it happened on your watch BEFORE they accept the damaged loaner back from you, whereas you cannot prove it happened on their watch, you theorize, but cannot prove so, and thus they are not liable to fix it for free...
I don't think they are arguing that it didnt happen under their watch, that would be another argument all together.

He (service manager) is saying that even if it were to have happened they way I described it, when they folded the mirrors in and washed it, "under their watch", they are still not responsible because "the mirror locking mechanism breaks easily and often" and since they have no control over when it might break, and it just so happens to break when they took it for a wash - they did not do anything wrong. That is his silly argument which I do not and cannot agree with.
Reply With Quote
  #8  
Old 03-18-2013, 04:46 PM
CALWATERBOY's Avatar
CALWATERBOY CALWATERBOY is offline
Officially Welcomed to the 'Fest
Location: San Francisco
 
Join Date: Aug 2009
Posts: 10,009
Mein Auto: 2009 E93 N54
Quote:
Originally Posted by ddeliber View Post
So the car was sill under warranty and then they admit that the water damage was done as a result of the wash that they performed.... Regardless of who is at fault here, shouldn't that be covered by the warranty or was the car out of warranty when your brought it in?

>AHEM<
Now hear this: YOU'RE SCREWED!

Why? 'Cause they don't want to eat this on CPO.

Plus, the ol' insurance rule o'thumb: If you don't object where it happened when it happened, YOU'RE SCREWED!

Yup, the more time that passes between claimed incident and claim made, the more capacious the wiggle room.

Basically, time is of the essence, and if you're not timely, well, have I said it already? YOU'RE SCREWED!

If they allowed a discount, it was to sooth ruffled feathers that otherwise may result in a concerning Yelp review and BMW board posts just about everywhere. Yow! Bit of a hint.

Name:  Rage smiley.jpg
Views: 495
Size:  2.1 KB

Last edited by CALWATERBOY; 03-18-2013 at 05:17 PM.
Reply With Quote
  #9  
Old 03-18-2013, 05:06 PM
pointandgo's Avatar
pointandgo pointandgo is offline
bimmerfest Supporting Member
Location: Los Angeles area
 
Join Date: Apr 2010
Posts: 4,710
Mein Auto: '13 F10 535i (loaner)
Quote:
Originally Posted by kpng View Post


Hi folks,

I took my car ('07 328i) to the dealer to have my key data read because my warranty/maintenance is up and I want to know what final repair/maintenance I can get done before it all expires. As I was leaving my SA suggested I get the car washed since I was already there so I agreed.

As I was leaving the dealership I noticed that the driver side mirror was folded all the way out. I tried to refold (close it) and re-opened it but it wont lock in the right place. I did not turn back immediately because I had headed to another appointment and did not have time to deal with this. I thought I'd get it fixed the following week since I have already made an appointment for them inspect the car top to bottom per my SA's suggestion, but I did shoot him an email within an hour of leaving the dealership to let him know about the mirror issue.

Anyway, my car has been in the dealer now for almost a week with absolutely nothing done to it. According to my SA, he has been trying to get the service manager to fix the mirror without charge but with no success. So today I finally got to speak directly with the service manager and he came very close to accusing me of breaking the mirror and blaming them for it.

His argument is that the mirror locking mechanism breaks all the time and when they took my car in for a wash and folded the mirror in, the locking mechanism broke and let water in that damaged the internal circuitry which would cost $800 to repair and he refuses to accept any loss for that.

It sounds completely wrong to me that he would refuse to fix it. Even my SA agrees that it is wrong. The best that the service manager would do is to repair it at "cost", which I am assuming will be at least $400.

I don't think I should pay a single cent. What can I do? Any suggestions would be appreciated even thought think I am wrong and they are right. BTW every one I spoke to about this do not think that I should have to pay for any repair of the side mirror. Thank you.

KP
Confused. When I go to any car wash, I leave my mirrors in "driving" condition -- "open," not "folded in."

Are you saying that only your passenger side mirror was "fully deployed," -- in "driving condition, yet your driver's side mirror was "folded in"?

If you actuated the mirror "fold" button and didn't get a response to one of your mirrors, I wouldn't have left the dealership before an explanation was given. If there's one lesson we 'Festers have learned in here over the years, never leave the dealership with a real or suspected problem after a service call. Address it before you leave the dealer's lot if you are aware of it.

There are those times, of course, where we don't make a "20-point inspection" of our cars after a service call...and miss something. As a minimum, I make a "walk around" my car when I pick it up...and I don't care how many cars are waiting behind me!

Quite frankly, I want my rear view mirrors to work ALL the time and can't imagine waiting...even an hour to report this.

Perhaps I don't understand your post?
__________________
F30 328i
E90 328i
E92 335i 6MT
E46 M3 6MT
E39 528i 5MT
MBz W140 S320
MBz W124 300E (slammed)
(unmentionables in between)
'71 AMC Javelin (4-Spd Stick on the floor)
'67 Pontiac Firebird 'cabrio' (1st car - "the leaker")
------------------------------------------------------------------------
Member: BMW CCA

Last edited by pointandgo; 03-18-2013 at 05:12 PM.
Reply With Quote
  #10  
Old 03-18-2013, 05:19 PM
kpng kpng is offline
Registered User
Location: Ohio
 
Join Date: Jun 2010
Posts: 15
Mein Auto: 2007 328i
Quote:
Originally Posted by CALWATERBOY View Post

>AHEM<
Now hear this: YOU'RE SCREWED!

Why? 'Cause they don't want to eat this on CPO.

Plus, the ol' insurance rule o'thumb: If you don't object where it happened when it happened, YOU'RE SCREWED!

Yup, the more time that passes between claimed incident and claim made, the more capacious the wiggle room.

Basically, time is of the essence, and if you're not timely, well, have I said it already? YOU'RE SCREWED!

If they allowed a discount, it was to sooth ruffled feathers that otherwise may result in a concerning Yelp review and BMW board posts just about everywhere. Yow! Bit of a hint.

Attachment 367070

Thank you for your input
Reply With Quote
  #11  
Old 03-18-2013, 05:24 PM
Db750's Avatar
Db750 Db750 is offline
David
Location: Lexington, Kentucky
 
Join Date: Jun 2010
Posts: 3,408
Mein Auto: E63 M6 & E92 335i
Edit: Wrong thread
__________________


2008 E63 M6 - Black Sapphire - Sepang Bronze Full Merino - Carbon Fiber Trim - Alcantera Headliner - SMG - HUD - Soft Close Doors - Comfort Access - Individual Audio w/Sat and HD Radio
2009 E92 335i - Black Sapphire - Black Dakota - Burl Walnut - Sport - Premium - Cold Weather - Navigation - L7 - Comfort Access - Smoker's Package

Member: BMWCCA #471614
Reply With Quote
  #12  
Old 03-18-2013, 05:25 PM
kpng kpng is offline
Registered User
Location: Ohio
 
Join Date: Jun 2010
Posts: 15
Mein Auto: 2007 328i
Quote:
Originally Posted by pointandgo View Post
Confused. When I go to any car wash, I leave my mirrors in "driving" condition -- "open," not "folded in."

Are you saying that only your passenger side mirror was "fully deployed," -- in "driving condition, yet your driver's side mirror was "folded in"?

If you actuated the mirror "fold" button and didn't get a response to one of your mirrors, I wouldn't have left the dealership before an explanation was given. If there's one lesson we 'Festers have learned in here over the years, never leave the dealership with a real or suspected problem after a service call. Address it before you leave the dealer's lot if you are aware of it.

There are those times, of course, where we don't make a "20-point inspection" of our cars after a service call...and miss something. As a minimum, I make a "walk around" my car when I pick it up...and I don't care how many cars are waiting behind me!

Quite frankly, I want my rear view mirrors to work ALL the time and can't imagine waiting...even an hour to report this.

Perhaps I don't understand your post?
For some reason my dealership folds the mirrors in when they bring it through their wash, they admit to that.

Passenger side was "fully deployed" but driver side was folded out, with mirror almost parallel to door. You are absolutely right, I should have turned back immediately but work was calling and i was in a rush to get back so I pressed the "fold in" button and they both folded in as they should but when I pressed the button again to deploy - the driver side kept going until mirrors were parallel to door again.

Repeated again and managed to stop it from going all the way out with my hands and drove off to my appointment. Unfortunately, it wouldn't stay that way and kept folding out every time I lock and unlock the door. Hope this clears it up but looks like I'm still screwed.
Reply With Quote
  #13  
Old 03-18-2013, 05:38 PM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,588
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by kpng View Post
I don't think they are arguing that it didnt happen under their watch, that would be another argument all together.

He (service manager) is saying that even if it were to have happened they way I described it, when they folded the mirrors in and washed it, "under their watch", they are still not responsible because "the mirror locking mechanism breaks easily and often" and since they have no control over when it might break, and it just so happens to break when they took it for a wash - they did not do anything wrong. That is his silly argument which I do not and cannot agree with.
It's not as silly as you think. Put yourself in their shoes and apply the logic to the rental vehicle you have. Let's say you fold the mirrors in so you could pull the vehicle into your garage and one of them broke (due to the "easily breaks" nature of the part). Since you didn't do anything negligent to cause the damage your shouldn't be expected to pay for something you did not damage merely because it failed in your possession.
Reply With Quote
  #14  
Old 03-18-2013, 09:14 PM
ptrcd003 ptrcd003 is offline
Officially Welcomed to the 'Fest
Location: Toronto
 
Join Date: Dec 2008
Posts: 532
Mein Auto: 328i LCI
Quote:
Originally Posted by sunny5280 View Post
It's not as silly as you think. Put yourself in their shoes and apply the logic to the rental vehicle you have. Let's say you fold the mirrors in so you could pull the vehicle into your garage and one of them broke (due to the "easily breaks" nature of the part). Since you didn't do anything negligent to cause the damage your shouldn't be expected to pay for something you did not damage merely because it failed in your possession.
If I took a rental vehicle through a carwash and the mirror broke, I'm pretty sure I'd have to pay for it. Same if I get a flat tire while driving a rental - I pay to fix it.
Reply With Quote
  #15  
Old 03-19-2013, 06:02 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,588
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by ptrcd003 View Post
If I took a rental vehicle through a carwash and the mirror broke, I'm pretty sure I'd have to pay for it. Same if I get a flat tire while driving a rental - I pay to fix it.
The difference is the mirror didn't fail while in the carwash. The carwash caused it to fail. The dealer is making the argument the mirror just happened to fail in their possession. If that's the case then it's not their fault and therefore not their responsibility.
Reply With Quote
  #16  
Old 03-19-2013, 06:38 AM
furby076's Avatar
furby076 furby076 is offline
IntarWeb Stalker
Location: 95 Feet Under
 
Join Date: Mar 2009
Posts: 8,929
Mein Auto: 2013 335xi M-Sport
Call BMW NA. Tell them your side of the story, and what the sales manager said and see if they will help. If no dice, get it fixed for $400 and then go on yelp and complain up a storm.
__________________
"Booberry" -ED 2013 335xi | B45 | ZMM | ZDA |Heated Seats | HK |EBII
My Drive Style

Because I can.
-
Quote:
Originally Posted by cwinter View Post
I agree with furby
Quote:
Originally Posted by guerilla twang View Post
Hahahaha, I like you furb, you like to live dangerously.
Quote:
Originally Posted by ProfessorCook View Post
I started to google to find a picture to match furby's suggestion to Gia, but it quickly became clear it was an inappropriate search to conduct at work.
Reply With Quote
  #17  
Old 03-19-2013, 06:44 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,588
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by furby076 View Post
Call BMW NA. Tell them your side of the story, and what the sales manager said and see if they will help. If no dice, get it fixed for $400 and then go on yelp and complain up a storm.
Why? Would you want someone complaining you didn't cover the cost to repair something merely because it failed in your possession?
Reply With Quote
  #18  
Old 03-19-2013, 09:20 AM
fb88 fb88 is offline
Officially Welcomed to the 'Fest
Location: NJ
 
Join Date: Sep 2011
Posts: 620
Mein Auto: 2014 X1 xDrive28i
How much would it cost indy to fix? I fold the mirror on a daily basis on 2006 330xi and it's fine. Maybe it's due to lack of fold that rust had developed...
One time I took my car to dealership for an oil change, and at the end of oil change, my driver's door lock cannot be unlocked with the key fob. Dealership claims it has nothing to do with the oil change. (after 6-8 months of using the hard key to open the door, the driver's door mysteriously unlock again with key fob). What if they fix your folding mirror and then something else breaks that they claim it's not their fault...

I did not buy extended warranty, but surprising CPO doesn't cover that. CPO leads me to believe it covers the same warranty as 4/50k but just extends to 6/100k.
Reply With Quote
  #19  
Old 03-19-2013, 09:23 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,588
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by fb88 View Post
How much would it cost indy to fix? I fold the mirror on a daily basis on 2006 330xi and it's fine. Maybe it's due to lack of fold that rust had developed...
One time I took my car to dealership for an oil change, and at the end of oil change, my driver's door lock cannot be unlocked with the key fob. Dealership claims it has nothing to do with the oil change. (after 6-8 months of using the hard key to open the door, the driver's door mysteriously unlock again with key fob). What if they fix your folding mirror and then something else breaks that they claim it's not their fault...

I did not buy extended warranty, but surprising CPO doesn't cover that. CPO leads me to believe it covers the same warranty as 4/50k but just extends to 6/100k.
CPO is not the same level of warranty as the 4/50K warranty.
Reply With Quote
  #20  
Old 03-19-2013, 09:47 AM
furby076's Avatar
furby076 furby076 is offline
IntarWeb Stalker
Location: 95 Feet Under
 
Join Date: Mar 2009
Posts: 8,929
Mein Auto: 2013 335xi M-Sport
Quote:
Originally Posted by sunny5280 View Post
Why? Would you want someone complaining you didn't cover the cost to repair something merely because it failed in your possession?
One way or the other the OP needs the part repaired. If BMW refuses to repair it, at their cost, then the OP still needs to repair it. So he should get it repaired and then complain that the dealership refused to pay what broke under their watch. They then have the option of refunding him the money.
__________________
"Booberry" -ED 2013 335xi | B45 | ZMM | ZDA |Heated Seats | HK |EBII
My Drive Style

Because I can.
-
Quote:
Originally Posted by cwinter View Post
I agree with furby
Quote:
Originally Posted by guerilla twang View Post
Hahahaha, I like you furb, you like to live dangerously.
Quote:
Originally Posted by ProfessorCook View Post
I started to google to find a picture to match furby's suggestion to Gia, but it quickly became clear it was an inappropriate search to conduct at work.
Reply With Quote
  #21  
Old 03-19-2013, 09:50 AM
furby076's Avatar
furby076 furby076 is offline
IntarWeb Stalker
Location: 95 Feet Under
 
Join Date: Mar 2009
Posts: 8,929
Mein Auto: 2013 335xi M-Sport
Quote:
Originally Posted by fb88 View Post
I did not buy extended warranty, but surprising CPO doesn't cover that. CPO leads me to believe it covers the same warranty as 4/50k but just extends to 6/100k.
That is incorrect. CPO covers a lot less then the standard 4/50k. Sometimes the dealership will be nice and code a non-cpo covered repair as a different repair that is covered by CPO. But this is 100% something your service representative chooses to do as a courtesy.
__________________
"Booberry" -ED 2013 335xi | B45 | ZMM | ZDA |Heated Seats | HK |EBII
My Drive Style

Because I can.
-
Quote:
Originally Posted by cwinter View Post
I agree with furby
Quote:
Originally Posted by guerilla twang View Post
Hahahaha, I like you furb, you like to live dangerously.
Quote:
Originally Posted by ProfessorCook View Post
I started to google to find a picture to match furby's suggestion to Gia, but it quickly became clear it was an inappropriate search to conduct at work.
Reply With Quote
  #22  
Old 03-19-2013, 09:54 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,588
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by furby076 View Post
One way or the other the OP needs the part repaired. If BMW refuses to repair it, at their cost, then the OP still needs to repair it. So he should get it repaired and then complain that the dealership refused to pay what broke under their watch. They then have the option of refunding him the money.
I understand he needs to get the mirror repaired. My question had nothing to do with whether he should repair it or not. My question is why should the dealer be responsible for the cost of repair for something that broke if they didn't cause it to break?

Again I go back to the rental car. What if the OP is driving down the road and the engine siezes? Unless the OP did something negligent to cause the engine to sieze it's not his fault and therefore not his responsibility to repair. It just happend to fail while it was in his possession. The dealer is basically saying the same thing: Yes the mirror broke when they went to wash the car but they didn't do anything to cause the mirror to break. It just happened to do so while in their possession.

Now if you want to argue the dealer did something negligent to cause the mirror to break that would be a completely different discussion.

Last edited by sunny5280; 03-19-2013 at 09:57 AM.
Reply With Quote
  #23  
Old 03-19-2013, 10:06 AM
furby076's Avatar
furby076 furby076 is offline
IntarWeb Stalker
Location: 95 Feet Under
 
Join Date: Mar 2009
Posts: 8,929
Mein Auto: 2013 335xi M-Sport
I understand he needs to get the mirror repaired. My question had nothing to do with whether he should repair it or not. My question is why should the dealer be responsible for the cost of repair for something that broke if they didn't cause it to break?[/quote]

The break occurred while the car was in their possession. The OP stated that, and the OP stated the manager said it broke under their possession. The dealer may deny it was their fault, but how do we know that is the case? The car wash (many dealerships run the car through a car wash down the street) may have broke it.

Quote:
Originally Posted by sunny5280 View Post
Again I go back to the rental car. What if the OP is driving down the road and the engine siezes? Unless the OP did something negligent to cause the engine to sieze it's not his fault and therefore not his responsibility to repair. It just happend to fail while it was in his possession. The dealer is basically saying the same thing: Yes the mirror broke when they went to wash the car but they didn't do anything to cause the mirror to break. It just happened to do so while in their possession.

Now if you want to argue the dealer did something negligent to cause the mirror to break that would be a completely different discussion.
Please use a better example then an engine seize. Car washes are known for their ability to break things like side view mirrors. It's not incredibly common, but it does happen.

I don't think the dealer did anything with negligence, but an accident does not absolve the dealership of liability to make their customer whole. I also wouldn't argue negligence on the dealer because I wouldn't be able to do so logically.
__________________
"Booberry" -ED 2013 335xi | B45 | ZMM | ZDA |Heated Seats | HK |EBII
My Drive Style

Because I can.
-
Quote:
Originally Posted by cwinter View Post
I agree with furby
Quote:
Originally Posted by guerilla twang View Post
Hahahaha, I like you furb, you like to live dangerously.
Quote:
Originally Posted by ProfessorCook View Post
I started to google to find a picture to match furby's suggestion to Gia, but it quickly became clear it was an inappropriate search to conduct at work.
Reply With Quote
  #24  
Old 03-19-2013, 10:13 AM
sunny5280 sunny5280 is offline
Officially Welcomed to the 'Fest
Location: Denver, CO
 
Join Date: Feb 2010
Posts: 3,588
Mein Auto: 2007 X5 4.8i
Quote:
Originally Posted by furby076 View Post
The break occurred while the car was in their possession. The OP stated that, and the OP stated the manager said it broke under their possession. The dealer may deny it was their fault, but how do we know that is the case? The car wash (many dealerships run the car through a car wash down the street) may have broke it.
Just because something broke while in someone's possession does not mean the break was caused by the possessing party. If you want to argue their actions caused it to break that's a valid argument. But it's not the same thing as saying "It broke in their possession so it's their responsibility".

Quote:
Originally Posted by furby076 View Post
Please use a better example then an engine seize. Car washes are known for their ability to break things like side view mirrors. It's not incredibly common, but it does happen.
The engine seizing example is just fine. But if you want another one. Let's say I take my car in for service and while at the dealer a haild storm comes through and damages my car. Should the dealer be responsible for repairing it at their cost merely because it was in their possession?

Quote:
Originally Posted by furby076 View Post
I don't think the dealer did anything with negligence, but an accident does not absolve the dealership of liability to make their customer whole. I also wouldn't argue negligence on the dealer because I wouldn't be able to do so logically.
If you don't feel they were negligent then how come you're expecting them to cover the repair?

Edit: I feel a better argument would be to ask BMW to cover the cost of repair for a part that, if the service manager is correct, has an obvious design flaw.

Last edited by sunny5280; 03-19-2013 at 10:22 AM.
Reply With Quote
  #25  
Old 03-19-2013, 10:32 AM
ciborgman ciborgman is offline
Officially Welcomed to the 'Fest
Location: Texas
 
Join Date: Jun 2007
Posts: 168
Mein Auto: 2002, 325I
this is a nonsense discussion, the mirror failed, we do not know what happened and how it broke, I fold my mirrors all the time even if I am not in a car wash and, they work as expected. will they broke I am sure, but when I do not know or they very well outlast the car. not every car is the same.

Last edited by ciborgman; 03-19-2013 at 10:34 AM.
Reply With Quote
Reply

Bookmarks


Forum Navigation
Go Back   Bimmerfest - BMW Forums > BMW Model Discussions > 3 Series / 4 Series > E90/E91/E92/E93 (2006 - 2013)
Today's Posts Search
Thread Tools
Display Modes

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 On



Forum Jump


All times are GMT -7. The time now is 02:14 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
© 2001-2011 performanceIX, Inc. All Rights Reserved .: guidelines .:. privacy .:. terms