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BMW mechanic negligence

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Who_Dat

Junior Member
What is the name of your state? Arkansas

Here is the question. What should I do? Should I sue?

A few months ago, I drove through some water in my BMW during a flash flood. It stalled, but started a little while later, running fine. I looked in the enigine block and there was water in the oil. So, immediately I decided to take it into the dealer to see if anything was wrong with it. I also decided to have them do the Level II inspection (50,000 mile inspection which is pretty much them changing the fluids and standing back and looking at your car and charging you $1350). Anyway, they said that there was no damage to the car and gave it back after doing the "inspection" and changing the fluids (including transmission, supposedly). The next week, I noticed my transmission acting strange, grinding when changing gears, etc. It was gradual at first, then got worse. So, a few weeks later I called them and told them about it. I took it in, and they opened up the transmission case and water poured out. Hmmm..... They did not have an answer to why the water was in there after they had supposedly checked for water damage / changed the transmission fluid. They stuck to their story that they had changed the fluid (as it was on my invoice and there was no way that they had charged me without actually changing it, that was sarcasm by the way). That day they wanted to charge me to replace the transmission fluid ~$140. I told them that that was ridiculous and they agreed to replace it for free and see if that solved my problem. It did not. I brought it back in one more time to see if by chance there was water STILL in the transmission case, but they told me there wasn't (although I don't even think they checked because to even check you would have to drain a quart and then add a quart, which they told me that they would have to charge me for and I agreed, then they said I did not owe them anything when I picked it up). This time they said that I definitely need a new transmission. They said that there is no way to work on an M3 transmission, they just replace them. The estimate that they gave me was ~ $7000. I don't know whether they changed the fluid or not, either way it was not done properly and water stayed in my transmission and susequently damaged it. So, as you see, the BMW was negligent in repairing my car and not forthcoming when presented with the problem. What should I do?

Any advice would be appreciated :confused:
 


HomeGuru

Senior Member
Who_Dat said:
What is the name of your state? Arkansas

Here is the question. What should I do? Should I sue?

A few months ago, I drove through some water in my BMW during a flash flood.

**A: you thought you were driving a VW correct?
 

Lynx 36

Member
Prime example why one should buy American. :D Those wimpy foreign cars can't handle anything except dry pavement. I recommend a Chevy Truck next time. More reliable, cost to maintain cheaper than BMW,. My friend has one of these. I think she pays $150 f/ just an oil change. I pay $23 on my truck. Plus mine can drive through puddles, dirt, mud, snow, and is bigger. :D
 

Who_Dat

Junior Member
Lynx 36 said:
Prime example why one should buy American. :D Those wimpy foreign cars can't handle anything except dry pavement. I recommend a Chevy Truck next time. More reliable, cost to maintain cheaper than BMW,. My friend has one of these. I think she pays $150 f/ just an oil change. I pay $23 on my truck. Plus mine can drive through puddles, dirt, mud, snow, and is bigger. :D


$130 for an oil change with 10W60 synthetic, however it only has to be changed every 15,000 to 20,000 miles. So, for if you are changing your oil every 3000 like you should, then it all works out to about the same price. That is also if you do it at the dealership, which as I have laid out, they will screw you. Also, I don't think your Chevy will do 0-60 in 4.7 with a 3.2L inline 6. ;)

I guess no one has any useful advice????? :(
 

divgradcurl

Senior Member
Look, the main problem here is that you haven't really shown anything that the repair shop did wrong. It's not like the repair shop didn't put the oil back in your car, or something like that. They changed the oil -- just because they didn't detect anything wrong a) doesn't mean that there isn't anything wrong, and b) doesn't mean that they were negligent, which is what you would have to prove in court to recover. If the water caused the damage, then the damage was caused when you drove through the water, and not when the mechanics worked on the car.

Even if the mechanics could have, or should have, discovered the damage before any further damage occured, that doesn't make them solely responsible for the damage. Besides, you noticed something was amiss pretty quickly, but then drove the car "for a few weeks" before taking it back in -- if you were so concerned, why didn't you stop driving the car immediately?

You could try and sue them in small claims court, but the small-claims limit is $5000. If you sued them in superior court, you would likely have to retain the services of an attorney. In either event, you would have to hire an "expert" to determine the cause of failure of the transmission, and testify that the BMW mechanics should have detected the damage before you caused further damage. That may not be easy to do, but if you want to give it a shot, go for it.

And BTW, it's not that BMW transmissions can't be repaired -- its just that BMW doesn't repair them, but replaces them -- BMW dealerships don't maintain onsite machine shops to do the work. However, you might be able to find another transmission shop that will tear down and rebuild the transmission -- even an SMG transmission.

And one last thing -- if you have an SMG transmission, are you sure it is the transmission and not the clutch? The clutch for the SMG cars is in an oil bath, and shares the oil with the engine (and takes like 12 quarts of oil, which is why oil changes are so pricey for these cars) -- if there was water in the engine oil, it is possible that the clutch was damaged by the water, and not the trasnmission. Maybe you should take it somewhere else for a second opinion?
 

teflon_jones

Senior Member
Who_Dat said:
I guess no one has any useful advice????? :(

:confused: Refer to my post above. If you have evidence to back up your claim, then you can win the case. If not, you're out of luck. If you paid for the transmission fluid to be changed, and it wasn't, then you at least have a start to your case. Then you need to get experts to testify for you that will attest to the fact that not changing the tranny fluid caused the damages you have.
 

Lynx 36

Member
Who_Dat said:
$130 for an oil change with 10W60 synthetic, however it only has to be changed every 15,000 to 20,000 miles. So, for if you are changing your oil every 3000 like you should, then it all works out to about the same price. That is also if you do it at the dealership, which as I have laid out, they will screw you. Also, I don't think your Chevy will do 0-60 in 4.7 with a 3.2L inline 6. ;)

I guess no one has any useful advice????? :(

I wouldn't know, I've never timed it. I have plenty of horsepower( lot's more than you) and torque. I can also pull boat and run over yuppies in little Beamer's. :rolleyes:
 

divgradcurl

Senior Member
Not to be argumentative, but...

I have plenty of horsepower( lot's more than you) and torque.

Are you sure? The new M3 has over 330 HP!

But raw HP and torque numbers are meaningless on their own -- even if the BMW is down 20% on power from your truck, it weighs 25% (at least) less than your truck, so comes out ahead...

I can also pull boat and run over yuppies in little Beamer's.

And just to be COMPLETELY pendantic, Beamer (or beemer) = BMW motorcycle, bimmer = BMW car... ;)

I have both an American full-size truck, and a BMW -- the truck is better for hauling the dogs and picking up stuff from Home Depot, but the BMW is better for everything else -- better gas mileage, easier to park, and you can actually go around corners at a reasonable speed...
 

Lynx 36

Member
divgradcurl said:
Not to be argumentative, but...



Are you sure? The new M3 has over 330 HP!

But raw HP and torque numbers are meaningless on their own -- even if the BMW is down 20% on power from your truck, it weighs 25% (at least) less than your truck, so comes out ahead...



And just to be COMPLETELY pendantic, Beamer (or beemer) = BMW motorcycle, bimmer = BMW car... ;)

I have both an American full-size truck, and a BMW -- the truck is better for hauling the dogs and picking up stuff from Home Depot, but the BMW is better for everything else -- better gas mileage, easier to park, and you can actually go around corners at a reasonable speed...

I know, just having a little fun. M3's haul ass. Awful small though. :p Got a foreign car myself if Honda counts as one these days. And by the way, my Accord would blow your doors off!! :rolleyes:
 

divgradcurl

Senior Member
Lynx 36 said:
I know, just having a little fun. M3's haul ass. Awful small though. :p Got a foreign car myself if Honda counts as one these days. And by the way, my Accord would blow your doors off!! :rolleyes:

As was I!

A post both argumentative and pendantic, it was!
 

Who_Dat

Junior Member
divgradcurl said:
Look, the main problem here is that you haven't really shown anything that the repair shop did wrong. It's not like the repair shop didn't put the oil back in your car, or something like that. They changed the oil -- just because they didn't detect anything wrong a) doesn't mean that there isn't anything wrong, and b) doesn't mean that they were negligent, which is what you would have to prove in court to recover. If the water caused the damage, then the damage was caused when you drove through the water, and not when the mechanics worked on the car.
QUOTE]


First of all. Thanks for the advice. But.....

you haven't really shown anything that the repair shop did wrong. It's not like the repair shop didn't put the oil back in your car, or something like that.I]

I would say that me showing back up (after taking my car to them to detect/fix any water damage to my car) and water pouring out of my transmission case as "something wrong".


If the water caused the damage, then the damage was caused when you drove through the water, and not when the mechanics worked on the car

No, my transmission was fine prior to driving through the water. I took it straight to them after it happened, without there being any time for damage. It was driving like a finely tuned machine when I dropped it off. The actual damage occured AFTER I left the dealership as a result of water being LEFT in the transmission and there being improper lubrication of the gears.
 

divgradcurl

Senior Member
No, my transmission was fine prior to driving through the water. I took it straight to them after it happened, without there being any time for damage. It was driving like a finely tuned machine when I dropped it off. The actual damage occured AFTER I left the dealership as a result of water being LEFT in the transmission and there being improper lubrication of the gears.

Well, if you can prove that, maybe you'll get your money back.
 

msiron

Member
BMW Inspection II includes

Undercarriage

Change engine oil and filter
Check transmission, rear axle, fuel tank, fuel lines, and connections for leaks
Check exhaust condition for leaks
Check steering system for excessive play and leaks
Check all brakes for wear (pads & rotors)
Check front suspension for wear
Check brake and clutch lines as well as connections for leaks
Check and adjust parking brake
Check all tire pressures and adjust

Change automatic transmission fluid and strainer (if equipped)
Change manual transmission fluid

Change rear end fluid
Replace fuel filters
Change brake fluid (every 2 years)
Inspect half-shafts for fluid leaks at boots
Perform corrosion inspection
(Must be performed at least every 2 years)
Check clutch disc for wear

Engine Compartment
Read out performed on diagnostic system
Check coolant system for leaks and proper protection level
Change coolant every 3 years
Adjust all fluid levels as needed
Check air conditioning for operation
(If servicing is needed there will be an additional charge)
Check battery fluid level and perform a load test
Check and adjust drive belt(s)
Lube all points of throttle linkage
Check air filter and replace as needed
Reset service lights
Replace spark plugs


Body and Electrical Equipment
Check lighting system
Check dashboard illumination
Check all warning lights and indicators
Check turn signals, hazard flashers, and brake lights
Check wiper and washer system
Check condition of safety belts
Lubricate all body hinges
Examine SRS units for damage or obstructions
Replace micro filter
Activate rollover protection (if equipped)

Final Inspection
Test drive to inspect function of brakes, suspension, steering, clutch/ manual transmission, or automatic transmission.
---------------------------------------

How much water did you go into? You have to go into allot for this to happen and your lucky you didn't hydrolock the block otherwise you be out an engine. Did you sit stalled in the water for any length of time?

If they changed the tranny fluid during your Level II ... where did the water come from?

What year is your car? You have a manual trans correct? Allot of problems crop up on your car at 30k to 60k.

How many miles on your car? 50k? It was probably on it's way out... see below.

They know as soon as they play with the trans they own it, your car will be a haunt. It's cheaper to replace it.

READ

http://www.brazeauracing.com/tech/transmissions.htm

Goodluck
 

SnoboarderTPH

Junior Member
go to a car forum

. I own american and german. Nice to have patriotism for your country, but german engineering is better i must say.I used to be the type who would say "Buy American. blah blah blah, foreign trash" as my whole family works for GM. i hate when people trash cars like BMW, when they know nothing about it. I used to , like i said, till i sat in one and bought a Z4 last spring :) take your dodge ram and go....."Tow" something, then set up some playschool houses and run them over.. cuz ya get yurself a HEMI. lol should take this to a car forum, not here lol
 
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