HELP - Dealership wrecked car while in for maintenance

14,839 Views | 78 Replies | Last: 6 yr ago by The Wonderer
aggiedaniel06
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AG
I was hoping to tap into the wisdom of the Auto board to see what are my rights and what is reasonable of me to ask in the situation described below:

I took my 2016 BMW 428i Grancoupe with 9000 miles, which was purchased brand new from another dealership to Momentum BMW Southwest for regular maintenance and to fix my cracked windshield which would be covered by my insurance. I got a call from my Service Adviser saying that one of their tech's ran the car into a pole while moving it in the shop.

As seen in the attached photos, the rear driver's side door and rear quarter panel are damaged. He told me that they intend to straighten out the dented areas, use body filler and paint. I am unhappy with this solution as I don't want them using Bondo or other body filler to repair. I want to ask for a new door. Not sure what can be done about the rear panel. Could y'all advise me on what is reasonable of me to ask for - New door? Repaint whole car? New car even?

Thanks in advance!

[img]http://www.imagebam.com/image/d71cca543880928][IMG][/IMG[/img][/img]

[img][URL=http://www.imagebam.com/image/43d652543880922][/URL] [/img]
Roger That
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AG
Quote:

I got a call from my Service Adviser saying that one of their tech's ran the car into a pole while moving it in the shop.


Was he drifting? How'd he hit the pole sideways?
ac04
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i would contact an attorney.
KY AG
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AG
http://www.m5board.com/vbulletin/e60-m5-e61-m5-touring-discussion/162450-autobahn-bmw-fort-worth-ragged-my-car-wrecked-totaled-test-drive-case-now-closed-after-16-months.html#/topics/162450?page=1
Tagguy
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AG
Don't be afraid to be a bit of a jerk. Normally I wouldn't suggest jumping straight to an escalated and rude tone but I'm with Roger and it looks like they may have been a bit reckless which led to the damage. It is hard for me to tell on my phone. No matter what they will be trying to get by with as little as possible on their end which it sounds like they are already trying.

I wouldn't agree to anything or let them so much as breathe on or even look at your car until you speak with the general manager. I'd express to him your thoughts, concerns, complaints and your expectations. They are at fault and should be breaking their backs to bend over backwards for you. If they balk at your requests or do anything less than get down on their knees and kiss your ass until it is chapped then I would go straight to your insurance company and or hire an attorney.
The Wonderer
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Roger That said:

Quote:

I got a call from my Service Adviser saying that one of their tech's ran the car into a pole while moving it in the shop.


Was he drifting? How'd he hit the pole sideways?
Cut it too close while pulling forward based on the looks of it.
The Wonderer
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AG
See what their offer is to rectify before you involve an attorney - it'll probably save you money on something like this.


Their ins should cover it without question. I'd shoot for (best case):

  • they fix it with new rear door skin and pull/fill the quarter panel (required);
  • give you a loaner for the entirety of the repair (required);
  • give you monetary compensation for the diminished value (negotiable, but be reasonable here, push too hard and they'll just get their attorneys to handle it); and
  • have them throw in some freebies like all inclusive maintenance out to 100K or extended warranty to 100k (optional, but do not discount the value of this in your head if it is brought up, actually do the math).


While it sucks, accidents do happen and if you are dick right off the bat, they will not want to work with you and that will force you to get an attorney which will just cost more money because he will charge you by the hour (this doesn't seem big enough to me to warrant taking it on contingency (personal opinion, other attorneys may vary)).


*I'm a lawyer, but not your lawyer. This is not legal advice and an attorney-client relationship does not exist between you and me*
The Wonderer
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AG
As a follow up, based on the pictures:

  • the creases in the door make a new skin necessary
  • the rear quarter can be pulled and filled
  • they will not repaint your entire car to match, blend only
  • this is nowhere close to a total or a situation in which they will even be bullied into buying the car back

If a quality job is done (I would have have the BMW shop handle the repairs for warranty reasons), you will never be able to tell what happened.
Stat Monitor Repairman
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If you let them try and fix it, it will cost you money when you try and sell the car. Better tack on several thousand for diminished value. They will balk at it for sure but you'll regret it a few yrs from now.
h2oag95
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AG
They will try to fix it first without involving their shop liability insurance, because their deductible is fairly high, but will eventually have to get them involved to repair it correctly and get diminished value. Make sure you demand it unless it's a lease. If it is a lease car they may get out of it because you won't suffer any loss of value at time of turn in.

I have personally handled lots of these as a service director at a European car dealership. If you have any questions about the process from their perspective I would be happy to help.
Picard
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AG
Page 1 of epic thread
ShaggyAggie01
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aggiedaniel06
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AG
The Wonderer said:

See what their offer is to rectify before you involve an attorney - it'll probably save you money on something like this.


Their ins should cover it without question. I'd shoot for (best case):

  • they fix it with new rear door skin and pull/fill the quarter panel (required);
  • give you a loaner for the entirety of the repair (required);
  • give you monetary compensation for the diminished value (negotiable, but be reasonable here, push too hard and they'll just get their attorneys to handle it); and
  • have them throw in some freebies like all inclusive maintenance out to 100K or extended warranty to 100k (optional, but do not discount the value of this in your head if it is brought up, actually do the math).


While it sucks, accidents do happen and if you are dick right off the bat, they will not want to work with you and that will force you to get an attorney which will just cost more money because he will charge you by the hour (this doesn't seem big enough to me to warrant taking it on contingency (personal opinion, other attorneys may vary)).


Wonderer - Thanks for the detailed response. I am planning on going to the dealership tomorrow to speak with the General Manager as I have got no response to my emails/voicemails from the Service Adviser and Service Manager. Also, what would be your estimate for the diminished value that I should request?
aggiedaniel06
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AG
h2oag95 said:

I have personally handled lots of these as a service director at a European car dealership. If you have any questions about the process from their perspective I would be happy to help.

h2oag95 - Thank you for the offer and yes, I would love to talk to you before I meet with the General Manager tomorrow. My email is username @ gmail. If you could email me your number, I can call you at a convenient time.
sts7049
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The Wonderer
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AG
aggiedaniel06 said:

The Wonderer said:

See what their offer is to rectify before you involve an attorney - it'll probably save you money on something like this.


Their ins should cover it without question. I'd shoot for (best case):

  • they fix it with new rear door skin and pull/fill the quarter panel (required);
  • give you a loaner for the entirety of the repair (required);
  • give you monetary compensation for the diminished value (negotiable, but be reasonable here, push too hard and they'll just get their attorneys to handle it); and
  • have them throw in some freebies like all inclusive maintenance out to 100K or extended warranty to 100k (optional, but do not discount the value of this in your head if it is brought up, actually do the math).


While it sucks, accidents do happen and if you are dick right off the bat, they will not want to work with you and that will force you to get an attorney which will just cost more money because he will charge you by the hour (this doesn't seem big enough to me to warrant taking it on contingency (personal opinion, other attorneys may vary)).


Wonderer - Thanks for the detailed response. I am planning on going to the dealership tomorrow to speak with the General Manager as I have got no response to my emails/voicemails from the Service Adviser and Service Manager. Also, what would be your estimate for the diminished value that I should request?
Talk to their GM and see what he says. If they still give you the run around (I'd be surprised as this seems pretty cut and dry and media exposure suuuuuucks for things like this *wink, wink*), then you may want to consider an attorney.

Auto valuation is not my area of expertise, so I'm not qualified to give an answer on that.

Sorry.

*I'm a lawyer, but not your lawyer. This is not legal advice and an attorney-client relationship does not exist between you and me*
JSKolache
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AG
The Wonderer said:

Roger That said:

Quote:

I got a call from my Service Adviser saying that one of their tech's ran the car into a pole while moving it in the shop.


Was he drifting? How'd he hit the pole sideways?
Cut it too close while pulling forward based on the looks of it.
Did that once when I worked at a tire shop - oopsie. Do not pass go, do not collect $200, proceed straight to the the clinic for a tox screen...
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03_Aggie
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Any chance you can haul it to a different dealer and let them write up a repair estimate? I'd be interested to see if they'd write it up the same way...
Say Chowdah
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AG
Also document everything.

I'd also suggest that you log it with BMW customer service.
The Fife
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:popcorn:
Pahdz
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From my days as an adjuster a new door skin, pull and fill the rear panel and blending paint is an acceptable repair. Having your own insurance handle it and letting them go back to the dealer via subrogation is not the worst idea either.
cheeky
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AG
Hire attorney to speak with GM to discuss the terms of which they will be purchasing your vehicle at private party sell value pre-damage, plus attorney's fees. Buy new car. Their fault--their problem. My buddy had his new A8 dropped off a lift while in for service. Play serious ball; get serious results. Good luck.
robertcope
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Stagecoach said:

Hire attorney to speak with GM to discuss the terms of which they will be purchasing your vehicle at private party sell value pre-damage, plus attorney's fees. Buy new car. Their fault--their problem. My buddy had his new A8 dropped off a lift while in for service. Play serious ball; get serious results. Good luck.
This is where I'd start with them. I don't want a 9000 mile car that's been damaged and repaired. I bought a new car because I wanted perfect, shiney, clean, car that hasn't been damaged or mistreated. I have a history of taking very good care of my cars. If I wanted a beat up used car, I'd have bought a used car. If it had 90K miles on it, different story, but it doesn't, it's brand new.
GigemCO2008
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AG
Suggestion for backup in case the GM walks back his statements

Record the conversation on your phone

I believe Texas is a 1 side conversation rule, meaning only 1 party involved in the conversation has to know it's being recorded.

The iPhone will pick up a lot of sound during recordings, and you can hit record before walking in. The GM will probably say a lot in this conversation that he wouldn't say over email.

I know it seems dirty, but they have a lot more money for attorneys later if it comes down to it.

03_Aggie
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Stagecoach said:

Hire attorney to speak with GM to discuss the terms of which they will be purchasing your vehicle at private party sell value pre-damage, plus attorney's fees. Buy new car. Their fault--their problem. My buddy had his new A8 dropped off a lift while in for service. Play serious ball; get serious results. Good luck.


Good luck with that.
txyaloo
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AG
robertcope said:

Stagecoach said:

Hire attorney to speak with GM to discuss the terms of which they will be purchasing your vehicle at private party sell value pre-damage, plus attorney's fees. Buy new car. Their fault--their problem. My buddy had his new A8 dropped off a lift while in for service. Play serious ball; get serious results. Good luck.
This is where I'd start with them. I don't want a 9000 mile car that's been damaged and repaired. I bought a new car because I wanted perfect, shiney, clean, car that hasn't been damaged or mistreated. I have a history of taking very good care of my cars. If I wanted a beat up used car, I'd have bought a used car. If it had 90K miles on it, different story, but it doesn't, it's brand new.
It's a 2 year old car with 9k miles on it. Since when is that brand new? I get the sentiment, and would be pissed if I were the OP, but the dealership doesn't owe him a new car. They need to fix his and pay some sort of diminished value. If it were actually "brand new", I'd likely agree with you
CDUB98
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dubi
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The Wonderer
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AG
txyaloo said:

robertcope said:

Stagecoach said:

Hire attorney to speak with GM to discuss the terms of which they will be purchasing your vehicle at private party sell value pre-damage, plus attorney's fees. Buy new car. Their fault--their problem. My buddy had his new A8 dropped off a lift while in for service. Play serious ball; get serious results. Good luck.
This is where I'd start with them. I don't want a 9000 mile car that's been damaged and repaired. I bought a new car because I wanted perfect, shiney, clean, car that hasn't been damaged or mistreated. I have a history of taking very good care of my cars. If I wanted a beat up used car, I'd have bought a used car. If it had 90K miles on it, different story, but it doesn't, it's brand new.
It's a 2 year old car with 9k miles on it. Since when is that brand new? I get the sentiment, and would be pissed if I were the OP, but the dealership doesn't owe him a new car. They need to fix his and pay some sort of diminished value. If it were actually "brand new", I'd likely agree with you
This. Some people need to understand reasonableness.

Some of these responses are why we have abuses in the legal system. Be reasonable in working with them. If they stonewall or dig in on the basics of repairing the car, then you escalate.
AggieDruggist89
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AG
Juan!
AgOutsideAustin
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OnlyForNow
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AG
New door skin and new panel seem to be reasonable, with diminished value also.

Pulling out the dents and dings and filling doesn't seem reasonable, nor does requesting a new car for the damage.
The Wonderer
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AG
OnlyForNow said:

New door skin and new panel seem to be reasonable, with diminished value also.

Pulling out the dents and dings and filling doesn't seem reasonable, nor does requesting a new car for the damage.
Read my posts. That's what I've said. I was referring to the "unleash the fury" posts.
OnlyForNow
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AG
I was agreeing with you mostly.

I don't think them just "fixing the dent" the old fashioned way is acceptable though.

It should be all new equipment, imo.
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