Me Vs Dealer Butt'ing Heads In Court - BMW Forum

amitpatel · 05-26-2005, 01:37 PM

To all the folks that read this need some advise please.

I live in So Cal, and a few months back my DSC traction control module had failed and the indicator light had turned on. I took the car into a dealer which I have been loyal to. Unfortunelly those pricks shut me out and said the module wont be covered in my extended warrenty becouse of a small accident I had before which I had to replace radiater and some small components in the front no other damage nor no DSC failure or even on the requirments sheet. Well I called around to other dealers and one told me if its internally faulty they will do the job for the $50.00 warrenty coverage but I could not take it in that week because of Valentines Week they where packed.

2 days later coming home from work in heavy rain on a slope going up I had to swerve a little to save a cats a$$ (should have ran the f@#$'in cat over) and my car spun out and I went into the concrete middle mediun. Got a police report of what happen that same night. Car was ok just right side rocker was pushed up slightly and 2 wheels badly damaged (dented) and wobbling. Had the car taken to dealer which would check the faulty DSC module and replace under warrenty if indeed it was faulty. Test came back and it was gone bad not from any damage done to it.

Told the first dealer im going to take them to small claims I have a copy of the paperwork they gave me saying they would charge me a total of $900 plus tax for DSC replacement, and my receipt from the dealer that DID replace it scince it was faulty for $50.00 Any chance i could win this battle? or should I just drop it and forget about it. Scince then I have got new rims and got the body work done, so everything is back to normal.

Thanks on any advice or opinions.

p.s. They had already ripped me off 400.00 on a water leak apperently they never told me they had replaced a window regulator in the rear when they bought the car and sold it as CPO until I got copies of the vehicle history and that came upso when it rained i got flood in the foot area in the rear. They said the vapor/sound barrier was off. So that would be poor workmanship?
They also told me they wont refund my money scince I had body work (minor paint work work) done to that door months"AFTER" they already had fixed the problem.

DO NOT GOTO SHELLY BMW IN BUENA PARK, CA

Hownowevilcow · 05-26-2005, 02:09 PM

If you had paid the $900 and then had another shop look at the unit and state faulity, you'd have something. Otherwise, you are not out any money and don't really a claim for damages.
Anwhere other than California, I don't think you would even have a case.
In Cali however....who knows. You guys have some wacky court systems.
Small claims case will only cost you your time and the filing fee (something like $15)

The Deuce · 05-26-2005, 02:16 PM

So you want to sue a dealer for money you didn't spend?

You are exactly what's wrong with this countries legal system.

amitpatel · 05-26-2005, 02:27 PM

I did spend money, they infact rejected my warrenty claim thus me having a accident so wanting to sue for the 2 rimms and the body work to the rocker. Body work was paid by me also was thinking instead of buying the rims from the dealer then adding that on or just having the dealer give me the 2 rims which would be a lower cost option for them...

Im not looking for freebies or anything I have long overcomed this ordeal by getting everything fixed and ordered myself some forged rims. If I have a good case then I would persue it, if not oh well sh!t happens...

nukeduster · 05-26-2005, 03:26 PM

Quote:

Originally posted by amitpatel@May 26 2005, 11:27 AM
I did spend money, they infact rejected my warrenty claim thus me having a accident so wanting to sue for the 2 rimms and the body work to the rocker. Body work was paid by me also was thinking instead of buying the rims from the dealer then adding that on or just having the dealer give me the 2 rims which would be a lower cost option for them...

Im not looking for freebies or anything I have long overcomed this ordeal by getting everything fixed and ordered myself some forged rims. If I have a good case then I would persue it, if not oh well sh!t happens...

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Learn how to drive. Its not their fault that the car didn't save you from your own driving ability, and you hit something.

You cant PROVE that even with DSC you wouldn't have had the accident.
I agree. The US's court system is out of control.

Ratio of engineers to lawyers graduated each year in Japan: 10 to 1

Ratio of engineers to lawyers graduated each year in the U.S.: 1 to 10

I still love america, but protest is patriotism.

amitpatel · 05-26-2005, 03:38 PM

Thanks for your input nuke, yeah they would have grabbed me by my family jewels to prove that even if the DSC was working that I wouldnt have avoided the accident...

Im just gonna drop it, sell the old rims with the buyer knowing one rim is bad all have brand new yokos on them there the sport package wheels with that (nut) hex shaped cap in the middle with like a 1 1/2 in lip. Anyone know what I can give them out for? wholesale cost per wheel was like 450.00 from the dealer.

nukeduster · 05-27-2005, 01:40 PM

Quote:

Originally posted by amitpatel@May 26 2005, 12:38 PM
Thanks for your input nuke, yeah they would have grabbed me by my family jewels to prove that even if the DSC was working that I wouldnt have avoided the accident...

Im just gonna drop it, sell the old rims with the buyer knowing one rim is bad all have brand new yokos on them there the sport package wheels with that (nut) hex shaped cap in the middle with like a 1 1/2 in lip. Anyone know what I can give them out for? wholesale cost per wheel was like 450.00 from the dealer.

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i didnt mean to directly insult you either.. it was noble that you tried to avoid hitting an animal.

was having a busy day yesterday and kind of, yea.. unloaded on ya.

LOS · 05-27-2005, 03:21 PM

Nukeduster, find out how much it'll cost you to fix the wheels and any other damages and go from there... Personally, I would just forget about it as long as they replace the module... Thanks for sharing your story. As for that specific dealer, I have heard other bad stories.

One more thing, I know how you feel about taking them to small claims court. In my case, a car cuts me off and I swerve to the left. I didn't hit the car but totaled my Lotus Sprite just because some idiot didn't see me. Then, I was told that I was speeding which caused me to loose control of the car. I wasn't speeding.. What a bunch of crap from the insurance co. & lawyers!

Oh by the way, my lawyer said I would had been better off by hitting the car!!

LOS