Bent Rod and BMW won't honor the warranty. Opinions?

[pdips]

Hey guys,

I bought the car with 16k miles on the dash. I took the car into service 2 months later and got it up to date. The SA, told me that the original 1,200 mile service was never done and that they need to do it. I obviously told them to do it and all was good. The warranty is still valid until June 2018. Few days ago, doing a 3rd gear pull, immediately heard a horrible ticking noise and the "Drivetrain Malfunction" light showed up.

Had the car towed to a local shop, they told me right away it was a bent rod. Currently I have 26k miles. I get the car towed to a BMW Service Center and they immediately say that I will be getting a new motor. After a day or so, BMWNA shoots down the claim, and says its because the original owner never serviced the car. After contacting BMWNA, the guy on the phone literally said, "we understand its not your fault, however nor is it ours."

I get it, the service should have been done without a doubt in my mind. But me being the second owner, am to take blame for this? The car was purchased at a used car dealership, and still had the warranty/maintenance intact. I mean, I did use it for a few things when I went in.

So my options are currently:

1) Hire a Lawyer
2) Build the motor (no point in putting stock pieces back into it, if it could happen again)

Thanks guys!

[WickedBMW]

I’m in the same boat as you are regarding warranty/service issue. Granted my problem is not as serious at yours, but passing the buck on to someone else is not cool either. I’m seeing my lawyer on Tuesday to see what my options. I feel BMW should instruct dealers to disclose any information that would impact warranty coverage for on following owners. Good luck

http://f10.m5post.com/forums/showthread.php?t=1478962

[TrevorM3]

where did you buy the car from? a bmw dealer?

honestly, you are SOL, if you didn't buy from BMW.

If you did, use it against them and explain that this very important detail wasn't disclosed to you.

[TheHouseWon]

Build the motor if denied...it's a legal battle that will cost you more than the price of a built motor

[WickedBMW]

It was was authorized BMW dealer. Not an indy dealership. That’s exactly what my claim is.

[pdips]

Originally Posted by TrevorM3

where did you buy the car from? a bmw dealer?

honestly, you are SOL, if you didn't buy from BMW.

If you did, use it against them and explain that this very important detail wasn't disclosed to you.

Didn't buy it from a BMW dealer unfortunately

[pdips]

Originally Posted by TheHouseWon

Build the motor if denied...it's a legal battle that will cost you more than the price of a built motor

That's exactly what I was thinking. Plus, there is no guarantee that I will win in court.

[M5Rlz]

Originally Posted by pdips

That's exactly what I was thinking. Plus, there is no guarantee that I will win in court.

I'd still go at them hard maybe a letter or two if you have friends who are attorneys and would do you a solid. Harrass BMWNA to get the case pushed higher and higher maybe you get someone to help.


Build it should be about 5-10k to redo the short block with one of the good shops working on Allsports motor or one of the other guys here (I'd only used someone that has a reputation) probably make it up on resale too if you build it... Cause someone who wants to make power will see it as value so if your cars worth... 60k you'd probably have a very good ability to sell it for 64-70k to someone who wants power.


You're lucky if its just a bent rod and didn't chuck it though the block to give you a moon roof or take out the steering rack etc.

[Craze]

Was the service history in idrive and book upto date?? Ive had a number of cars with full bmw history but they never update the book or do proper service

If its upto date and its under warranty they have to fix it

Write them a firm letter and od leave the car at the dealership. Pretend you dont even need the car and tell them it can stay till they fix it

Failing that get a lawyer to write a letter

I got a new motor and car was out of warranty however it was a n63 motor

[Sales@RKautowerks]

Everyone is going to pretend it's not their fault. Just how this industry works unfortunately, BMW NA might help you, but it's a long shot.

If you decide to go the built motor route, i have 4 with rods and pistons lol

-R

PS: On a side note, these cars do bend rods under stock configuration with the right scenario. Very easily bend rods with a tune/piggyback.

[Craze]

I dont think op car was tuned

I got ess tune and requested torque limit to ensure rods and clutches would last

[M5Rlz]

Originally Posted by Craze

I dont think op car was tuned

I'd probably 1. Harass NA management to keep getting bumped as high as I could to speak with supervisors or higher people. 2. Threaten litigation if being civil didn't work to as high as I could get on the food chain 3. build the motor 4. If I still felt dis respected go file a civil lawsuit and win as much as I could cash wise.

[Phatcat]

Originally Posted by pdips

Hey guys,

I bought the car with 16k miles on the dash. I took the car into service 2 months later and got it up to date. The SA, told me that the original 1,200 mile service was never done and that they need to do it. I obviously told them to do it and all was good. The warranty is still valid until June 2018. Few days ago, doing a 3rd gear pull, immediately heard a horrible ticking noise and the "Drivetrain Malfunction" light showed up.

Had the car towed to a local shop, they told me right away it was a bent rod. Currently I have 26k miles. I get the car towed to a BMW Service Center and they immediately say that I will be getting a new motor. After a day or so, BMWNA shoots down the claim, and says its because the original owner never serviced the car. After contacting BMWNA, the guy on the phone literally said, "we understand its not your fault, however nor is it ours."

I get it, the service should have been done without a doubt in my mind. But me being the second owner, am to take blame for this? The car was purchased at a used car dealership, and still had the warranty/maintenance intact. I mean, I did use it for a few things when I went in.

So my options are currently:

1) Hire a Lawyer
2) Build the motor (no point in putting stock pieces back into it, if it could happen again)

Thanks guys!

So where did the original owner serviced the car? I mean it sounded like he never serviced the car?

Still though, whether or not the car was serviced, rod shouldn't bent at these milage unless it had problem to begin with, or the car was tuned.

[ARC550]

Get a lawyer and sue their ass!!
Tell them your gonna report them to the B.B. , yelp, yellow pages etc !

[TheHouseWon]

Originally Posted by ARC550

Get a lawyer and sue their ass!!
Tell them your gonna report them to the B.B. , yelp, yellow pages etc !

+Office of the Attorney General (of your state, not J. Sessions)
+Secretary of State (of your state, not Rex's replacement)

[Phil@BPC]

I hate to hear that you are going through this but if you lawyer up and win we do have parts in stock to build your S63 into a built monster

[Blaxwil]

It might play in your favor that your lawyer owns an M5 too.

[M-Performance]

I would first try to find the Original owner to have a Conversation and confirm if he had the first service or not.
Post your VIN maybe someone here can help you track him/her Down.
I wouldn't take the Dealer's or NA word.
Was it a Lease/Show Car/ BMW employee Car?
Any way i wish you the best outcome on this very sad to hear as a Owner of 2 F10's.
Are you listening BMW?

[TopEnd]

Thats insane. Once BMWNA shuts it down, its a tough one. They will look look for any legal way to deny you. I can't see why original owners won't just do that service.

[WickedBMW]

Originally Posted by TopEnd

Thats insane. Once BMWNA shuts it down, its a tough one. They will look look for any legal way to deny you. I can't see why original owners won't just do that service.

If a vehicle did not have initial 1200 service, it’s because the car was a demo.

[NaciernoF10]

Originally Posted by WickedBMW

If a vehicle did not have initial 1200 service, it’s because the car was a demo.

Wouldnt be surprised cause my m6gc 2017 only 4k miles was a demo and i bent a rod 2 weeks ago. My luck Bmw did cover it under warranty!

[Craze]

Is the oil from factory only for breaking in??

After our rebuilt n63 motor apparently oil changes on cbs arent due for 40000km! What rubbish!