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5-Series (E12,E28, E34, E39, E60) Chat relating to the BMW 5-Series of all generations. Specific models include: BMW 518, BMW 520, BMW 520i, BMW 530i, BMW 528i, BMW 530i, BMW 518i, BMW 524d, BMW 525i, BMW 525e, BMW 528e, BMW 540i, BMW 535i, BMW 520d, BMW 525td, BMW 525d, BMW 530d, BMW 525i/xi, BMW 530i/xi. (BMW 5-Series Forum)

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#1 (permalink) Old 01-13-2005, 01:23 PM
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So my car has been at BMW for over a week. They diagnosed my "tranny clunking" sometimes to my transmission. So theyy are giving me a new transmission ($75 while under warrenty). However even though I am still under warrenty they are trying to say it was my fault so I have to pay the full 4 grand or whatever the tranny costs these days. When the adjuster came to check it out he says it was my fault. So now the lady working at bmw along with my Dad and Stepmom are trying to somehow get it accross to them it isn't my fault and that is gonna take forver.

Omg it feels like I will never get my car back... this is

Anyone know how prove it wasn't my fault and get my car back quicker...

Dont want to sound like a spoiled fag but I have to drive our 18' denali and it sucks! I want my sporty 5er back please!!!

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#2 (permalink) Old 01-13-2005, 01:34 PM
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Haha, that's classic.

"I don't wanna drive the Denali!"

Is it an automatic or a manual?
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#3 (permalink) Old 01-13-2005, 01:41 PM
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is my denali an auto or a manual? lol


my car is gaymatic...i know I hate it and yes...I did ask if they could change it to a manual and they laughed...hhaah

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#4 (permalink) Old 01-13-2005, 02:43 PM
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How could you possibly screw up the transmission if it's an automatic?

All you do is put it in drive and press the gas.

And if you hate it so much, why are you spending so much money in it for modifications?
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#5 (permalink) Old 01-13-2005, 04:43 PM
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Quote:
Originally posted by Slvr e39@Jan 13 2005, 08:23 PM
So my car has been at BMW for over a week. They diagnosed my "tranny clunking" sometimes to my transmission. So theyy are giving me a new transmission ($75 while under warrenty). However even though I am still under warrenty they are trying to say it was my fault so I have to pay the full 4 grand or whatever the tranny costs these days. When the adjuster came to check it out he says it was my fault. So now the lady working at bmw along with my Dad and Stepmom are trying to somehow get it accross to them it isn't my fault and that is gonna take forver.

Omg it feels like I will never get my car back... this is*

Anyone know how prove it wasn't my fault and get my car back quicker...

Dont want to sound like a spoiled fag but I have to drive our 18' denali and it sucks! I want my sporty 5er back please!!!
[snapback]270786[/snapback]
An evaluation to this problem may come in handy:
1. We know BMW transmissions are made to last. Also your dealer knows that much.
2. Tranny in later models are so advanced and they contain a life-time fluid; at BMW they do mean it.
3. It is not so easy to blow a tranny on a bimmer needless to say an automatic one.

Now as to your question of proving who is at fault here; I am not so sure how you going to go about it but for the sake of an argument let us assume the following two scenarios: a legal scenario and/or technical one:

A. Your prove can take the from of “A LEGAL” reasoning; that is to say a lawyer in court procedures and the argument may run along the lines of negligence. Who is responsible for the breakdown? The transmission in question failed while under the warranty; the insuring co. (the underwriters of the warranty policy whether BMWNA or any other warranty co.) must respond somehow somewhat and compensate for the loss/repair.

Think in terms of regular insurance policy; it does respond to accidents regardless of who is at fault with one exception and that is INTENTIONAL ACTS. Yes deductible plus penalties for the driver at fault. But it covers the damage. It follows then even if it was your fault (misuse/abuse etc) you may want to consider:
1. A heavier penalty instead of the $75 deductible and/or
2. SHARE with the dealer some predetermined amount towards the $4000 or the final cost of the tranny. i.e. paying $500-$1000 is not a very bad idea.
3. Forget about this dealer and go to another; you may find an easier going service manager at another dealership

B. The second defense may take the form of “TECHNICAL” reasoning; that is to say a technical testimony by an independent certified BMW mechanical shop.

Either way if the damage to your tranny is seen/proven by BMW as a result of
1. A modification which may/may not void the warranty; you chances are slim.
2. Equally important; if the damage is seen/proven as a result of misuse i.e dropping it to 2nd gear at 80 MPH; chances are much slimmer. In any case I am not saying this is what had happened. I am just thinking a loud with you.

Whatever the outcome may be I wish you the best.
Regards
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#6 (permalink) Old 01-13-2005, 07:37 PM
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Quote:
And if you hate it so much, why are you spending so much money in it for modifications?
not too much money...i am saving for my next car dont worry...540i6...yep...

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#7 (permalink) Old 01-13-2005, 07:38 PM
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thanks for the response billb, amazing like usual...but i just heard today they are going to go ahead and start the procedure leading up to changing the tranny. Like testing basically all parts in the tranny until they just decide (like we know they will) to replace the tranny. Thanks for the responses

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#8 (permalink) Old 01-13-2005, 09:43 PM
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Good Luck PAL
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#9 (permalink) Old 01-14-2005, 07:13 AM
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Quote:
Originally posted by Slvr e39@Jan 13 2005, 07:37 PM
Quote:
And if you hate it so much, why are you spending so much money in it for modifications?
not too much money...i am saving for my next car dont worry...540i6...yep...
[snapback]271057[/snapback]
A 540i with a six speed is incredible.

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#10 (permalink) Old 01-14-2005, 07:09 PM
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Quote:
Originally posted by Johnathan_Hess+Jan 14 2005, 02:13 PM--><div class='quotetop'>QUOTE(Johnathan_Hess @ Jan 14 2005, 02:13 PM)</div><div class='quotemain'><!--QuoteBegin-Slvr e39@Jan 13 2005, 07:37 PM
Quote:
And if you hate it so much, why are you spending so much money in it for modifications?
not too much money...i am saving for my next car dont worry...540i6...yep...
[snapback]271057[/snapback]
A 540i with a six speed is incredible.


[snapback]271302[/snapback]
[/b][/quote]

I would like to know how they think you are abusing an auto box
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#11 (permalink) Old 01-14-2005, 08:05 PM
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Quote:
Originally posted by BeelZibub+Jan 15 2005, 02:09 AM--><div class='quotetop'>QUOTE(BeelZibub @ Jan 15 2005, 02:09 AM)</div><div class='quotemain'>
Quote:
Originally posted by Johnathan_Hess@Jan 14 2005, 02:13 PM
<!--QuoteBegin-Slvr e39
Quote:
@Jan 13 2005, 07:37 PM
Quote:
And if you hate it so much, why are you spending so much money in it for modifications?
not too much money...i am saving for my next car dont worry...540i6...yep...
[snapback]271057[/snapback]


A 540i with a six speed is incredible.


[snapback]271302[/snapback]
I would like to know how they think you are abusing an auto box
[snapback]271830[/snapback]
[/b][/quote]

BeelZ
Using it as manual for one. I mean up/down shifting without mercy..i.e. dropping it to 2nd at 80mph; redlining on low gears etc

p.s. I knew a guy who used to tow a not so small of a boat in a bimmer. You can image the abuse it took during summer times no less!!!
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#12 (permalink) Old 01-14-2005, 08:13 PM
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One thing I noticed is how they want to get your car more taken apart before they've finished negotiating the claim with you. Remember the other post suggestion about taking it to another dealer? Well you can kiss that option good-bye once they've got your car and transmission taken down into about 900 little BMWey parts scattered all about their service bay.

Maybe I'm being a bit paranoid, but I just feel that "over the barrel" is exactly where they want you, and Ben Dover is what they want to name you! The longer they have your car without taking solid action within agreed-upon terms, the less favorable the outcome may be for you.

For a preview of a the probably outcome of the path you are taking right now, just rent the movie "Vacation" with Chevy Chase, and watch the scene where he pays for repair of his "Wagon Queen Family Truckster":
Clarke Griswald: "Look I'm just asking how much for the repairs"
Greasy Mechanic: "And Ahm askin' yew how much yew GOT!"

:lol:

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#13 (permalink) Old 01-15-2005, 09:06 AM
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Quote:
Originally posted by Slvr e39@Jan 13 2005, 01:41 PM
is my denali an auto or a manual? lol


my car is gaymatic...i know I hate it and yes...I did ask if they could change it to a manual and they laughed...hhaah
[snapback]270798[/snapback]
paste a BMW SMG2.

<img src='http://www.highresautoimages.com/bmw/m34-small.jpg' border='0' alt='user posted image' /> <img src='http://www.highresautoimages.com/bmw/m32-small.jpg' border='0' alt='user posted image' />
<img src='http://www.highresautoimages.com/audi/s4cab7-small.jpg' border='0' alt='user posted image' /> <img src='http://www.highresautoimages.com/audi/s4cab8-small.jpg' border='0' alt='user posted image' />

the BMW M3 is better at the straight but the AUDI S4 is better at the coner.
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#14 (permalink) Old 01-25-2005, 03:27 PM
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Dude, they will try to say it's your fault no matter what bcs they don't want to pay the 4 grand just be firm and let them know that you didn't get warranty for no reason adn that you are more than whilling to get a lawyer for that


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Umnitza now provides a mechanic to install all parts ordered right in the box! It's their new "Total customer service program" that will eliminate all the haters and keep incompetents from breaking shit and blaming the vendor! When you are all set simply call INS and they will pick him up free of charge.
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#15 (permalink) Old 01-25-2005, 04:57 PM
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Quote:
Originally posted by Rooz@Jan 25 2005, 10:27 PM
Dude, they will try to say it's your fault no matter what bcs they don't want to pay the 4 grand just be firm and let them know that you didn't get warranty for no reason adn that you are more than whilling to get a lawyer for that
[snapback]279017[/snapback]

I thought dealers do get reimbursed for their work done under the warranty from a third party i.e. BMWNA for new cars which has 3/36k or 5/50k warranty. If this is true then it follows logically that the issue is not with the dealers themselves but the BMWNA. Unless of course we are willing to say BMW dealers like to loose warranty revenues bydefending BMWNA.

Just a thought
regards
billb
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