BimmerFest BMW Forum banner

1 - 20 of 40 Posts

·
Registered
Joined
·
7 Posts
Discussion Starter #1
Hello All, This is my first thread on bimmerfest, but I'm sorry to say it's for sad reason. See story below, I'd love to get some opinions.

Part 1:
Ok Guys, this could be a long thread as the journey just begins...sorry for being so long.

I took my '03 M3 in to a local BMW dealership for an oil change and modest warranty service a few days ago and they completed the work, called me back and said to come and pick it up. The car had been worked on, taken for a 2 mile test drive, and signed off by the first technician. I missed the call, so I called my SA around 4:00 and was told my car had just been in an accident. Obviously shocked, I went down to the dealership with a work colleague.

Once my SA greeted me with the un-calming, "are you the M3 guy?", I was met by the Shop Foreman who told me that they have a "random testing procedure" that my car had been "randomly selected for a pre-determined route" for customer satisfaction purposes.

I enquired who was driving and how old they were, but wasn't shocked when I was told a 21 year old had been driving.

After seven miles of driving, apparently a car pulled out in front of him and he couldn't avoid it, causing him to lose control and spin out, 180'ing the car into the curb at close to 50 mph (estimated by the police who measured skid marks, etc). It was in a 30 mph zone, BTW. He was about 3 miles from the dealership at that point, so we can assume a 10 mile "loop"

Now the dealership is saying they will fix the car to it's original specs, but they haven't even put it on an alignment rack to measure the sub-frame/unibody. Their parts cost, without labor, paint, or the Schnitzer nose and HID fogs comes to over $6000.

The GM came out and said he was absolutely adamant that there will be no deduction against the resale value of the car as it will be back to factory specs, but you need to know it was in mint condition, never even dinged, and had a clean carfax when I brought it in.

I told them to not perform any work until I could evaluate my options (this was on Wednesday, crash on Tuesday), but by Friday I received a letter from their attorney stating I had to let them do the work or remove the car from the lot within 5 days, unless I be charged a daily "storage fee".

I hired an attorney, but what would you guys do? I really don't want the car back with a crash on it as I wouldn't have bought it that way in the first place. Plus, I know the value will be affected, not to mention and boogymen that might come out due to hit down the road, when the car's out of warranty. It hit rear driver side rim first, completely buckled the suspension and wheel, then bounced to the front blowing the side bags and taking the front wheel/suspension out, then blew the front bumper cover off.

That's it for now, bummed out, but appreciate any thoughts.

PS Looking for Stuka who had similar experience at savage BMW.
 

·
Go Gators
Joined
·
10,338 Posts
That sounds like a complete bull **** story if you ask me. There is NO reason why any car should be taken for a joy ride by a 21 year old. I recommend to you that you get the young man fired and make the dealership either A) buy you a new or nearly new M3 that is comparable to yours or B) have them buy the car from you how much it was worth prior to the accident and sue them for pain and suffering for the difference from a new M3.
 

·
Registered
Joined
·
3,249 Posts
Document everything that was said to you by their GM, Tech, and staff people. I'm interested to see if you were lied to about this supposed "random test drive". Sounds like a load of bologna to me. If they were joyriding your car for no reason after all work was finished then you could sue them. You need to expressly authorize all work before it is done.
 

·
kid hater
Joined
·
971 Posts
Sorry to hear about your car. While I understand your frustration don't be too quick to make judgment. Does the dealership have a policy printed anywhere that states that they may road test your vehicle? This was our policy when I was working at a dealership.
Most techs these days ARE in their 20's. Possibly it was a joyride, however I think you should not judge the dealership so quickly. It will probably get messy now that lawyers are involved, as they are only in it for the $$$$. I hope it all works out for you.
 

·
Registered
Joined
·
275 Posts
The problem is that you likely will not have a clean CarFax. CarFax lists accidents as well as air bag deployment. Hey, fender benders happen and most people can live with buying a car that was in a fender bender. But, show that same person a car that was in an accident where the airbags deployed and I'd venture to say most people would rather keep on looking OR be willing to buy the car at reducted price. Of all people the GM should know that high end cars with paint work are worth less. The paint work alone may only effect your value a few thousand. But, if your car has unibody damage this will GREATLY effect the value of your car since this is something that has to be disclosed at wholesale auto auctions. A late model high end unibody damage car will probably be worth about $5000 less than a straight car with no paint work. It's one thing if you were driving and you got into an accident, things happen and you have to deal with it. It seems that someone pulled out in front of your car, but, the tech was speeding so it's kind of his fault too, so why should you suffer the depreciation?
 

·
Registered
Joined
·
848 Posts
Before someone jumps my Shiat about this link being my post I will clarify that the following link is to Stuka's post about a similar situation. In no way is this my post, link or scenario.

Good luck with your situation. FYI, I received my M3 back from the shop and coincidentally happened to check the OBC and it showed the car was getting 5 miles per gallon. You've got to drive it pretty hard...or let it idle for some time....to get that kind of mileage...

Stuka's crahsed M3
 

·
Arrive Alive w/ my e92 M3
Joined
·
1,562 Posts
I would check with the State Consumer Protection Board, there is a resident Consumer Lawyer there that monitors dealership unscrupulous practices. The Consumer Protection Agency in your State maybe a good start aso. Once you get a hold of one, they liketo be secretive about this meeting, they like to gather enuf materials for a possible case for you. While you have their ears, they may provide legal options, for you to decide your course of action.

No matter what you do, dont sign any paperwork without legal review. The dealership has alot or legal armaments, so be ready. But one thing is clear, you have damages to claim thats going for you. Even with the fix of the car, resell value had suffered. Good luck!
 

·
Registered
Joined
·
53 Posts
Unfortunately - accident in customer's cars is a somewhat common thing at most dealerships. As much as I'm sure you would prefer not to hear it - I'm predicting that the dealership will dig in deep and insist on repair to original spec. With an attorney you may reach an agreement on diminished residual value - but don't count on it. Also consider that you will be paying an attorney at a hefty fee to work on this - balance that with what you realistically expect to gain.

If you threaten to sue - count on the dealership to refer the matter to their attorneys (who get paid to do this over and over and over) who will stall and delay while your car gathers dust on some back lot while you continue to have to make payments on it and have to find a loaner. If you refuse (initially) to let them repair it - they will probably withdraw any loaner you may have (stating that you refuse to allow them to make reasonable repairs).

Note that they are experts at playing this game. You are possibly the 25th person this year whose car was damaged in one way or the other by service staff. They are used to it and threats will do little or nothing to concern them.

Wish it was a cheerier picture but this is how the game is played.

ETA: Don't expect ANY help from BMWNA.
 

·
.
Joined
·
1,343 Posts
Thats sucks man. I wish you the best of luck because I really don't have much advice to offer. Estoril made some pretty good points though.
 

·
Registered
Joined
·
590 Posts
Doesn't he have the right to choose who fixes his car? Why can't he just get it fixed by a reputable shop of his choice and then sue the dealership to recover depreciation?
 

·
A sudden sense of liberty
Joined
·
3,939 Posts
Lori said:
Doesn't he have the right to choose who fixes his car? Why can't he just get it fixed by a reputable shop of his choice and then sue the dealership to recover depreciation?
In Virginia he would, anyway.

While Estoril's cold-eyed appraisal of the situation bears thinking about, I wouldn't knuckle under so easily. Diminished value in the case of an M car that's been hit is a very real thing; in my own experience, I had a number of people tell me that they weren't interested in taking my 02 M3 in trade because it had paint work--and this was very minor paint work that was documented as having been done by BMWNA at the VPC before the car was delivered to its first owner (I got it used).

Speaking for myself personally, it would take a *substantial* price discount before I considered an M3 that had been hit as hard as your car has--there are too many clean, pampered ones out there to buy a car that has a "story."

Listen to your lawyer, who can advise you of your rights and options, but I think Stuka's original request in his circumstance (which, IIRC, was a new car at invoice--though this might not be an option on an E46 M3) was quite reasonable. Of course, his dealer didn't agree, and yours may not either.
 

·
.
Joined
·
3,762 Posts
M3Paul-E said:
The GM came out and said he was absolutely adamant that there will be no deduction against the resale value of the car as it will be back to factory specs
Good, then the dealership should have no problem in giving you full trade-in value for the car after they've fixed it at their expense.

And then give you an unusually generous discount on a new car for your troubles.
 

·
Registered
Joined
·
226 Posts
So what did your attorney say? I would ask him for an opinion. Maybe a letter to the dealer from him may help your sitution out.
Ken
 

·
Registered
Joined
·
3,675 Posts
Estoril said:
ETA: Don't expect ANY help from BMWNA.
That is most definitely true, as it was in my case.:thumbdwn:

If they are not going to do the right thing, every news station in town will be interested in a story like this. BMW crashed by a dealer joyride makes a good headline.

As far as attorney's go, if it's the same model as PI, then the OP will be fine.
 

·
Registered
Joined
·
7 Posts
Discussion Starter #15
I'll remain quiet for now, as we are right in the middle of it all. I'll check in on the thread and let you now when it's all resolved. Thanks for the thoughts and opinions.
 

·
Banned
Joined
·
0 Posts
Sorry to hear of your experience. I wish you would tell us which dealer did this. It would be very beneficial for us locals. No dealer should be able to treat a customer like this without serious repercussions.
 

·
Carbon Fiber & M3 Fanatic
Joined
·
52 Posts
First I'd sue him. Then, I'd take it to a company like Spectrum Collision at their expense - have it towed to Lake Forest, CA. They are one of few authorized BMW repair shops that actually hired BMW technicians to do the work - and the techs are compensated by BMW and the local shop for their expertise. They can accurately assess the damage in about 3 weeks, and then you'll have a stronger "leg to stand on" in court or with the company by a reputable shop.

Dani
 

·
Registered
Joined
·
32 Posts
spots said:
Sorry to hear about your car. While I understand your frustration don't be too quick to make judgment. Does the dealership have a policy printed anywhere that states that they may road test your vehicle? This was our policy when I was working at a dealership.
Most techs these days ARE in their 20's. Possibly it was a joyride, however I think you should not judge the dealership so quickly. It will probably get messy now that lawyers are involved, as they are only in it for the $$$$. I hope it all works out for you.
If it was my car wrecked by these morans, I would get the best lawyer money can buy, that way the delaership would have my name on it. If the reputation for this dealer was important, they would take care of everything without giving you a reason to get a lawyer. Since most of the dealers and managers have incurable desire to screw everyone who comes in through the door, its not likely that they would do the "right" thing. Sue them !!!!!!!
 

·
Registered
Joined
·
356 Posts
I like this idea.

ff said:
Good, then the dealership should have no problem in giving you full trade-in value for the car after they've fixed it at their expense.

And then give you an unusually generous discount on a new car for your troubles.
 
1 - 20 of 40 Posts
Top