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      12-16-2012, 02:48 AM   #19
RPM90
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Drives: 340i M-sport AT
Join Date: Mar 2006
Location: Chicago

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Quote:
Originally Posted by alanized View Post

I ordered a 2013 335xi. At the same time that I ordered the vehicle I also purchased a used 2009 328xi to be traded in upon delivery of the new vehicle. Because it would be eight weeks or so before delivery, economics favored this interim purchase rather than continuing with a rental car.
Wow, quite a tale to tell.

Since you posted this here I think you're also willing to read the various opinions given.

An important fact here is that your vehicle was still under warranty.
IMO, regardless that you were nearing the end of the 50K mile warranty, this vehicle is still under warranty. That means the manufacturer IS responsible for the damage, IF the fire was caused by either a manufacturing defect, or something a BMW technician did.
It's clear BMW understands this as well, as they want to look at the vehicle to investigate what may have happened.
And, make the customer offers to make the issue go away.

How much responsibility does BMW have in this case?
This is a vehicle that is still under the manufacturers warranty.
Regarding any compensation, it's important to ask, what if the fire were caused by a defect? What compensation should the customer receive from the manufacturer who built that vehicle?
Those who may think invoice and a $7500 discount is an "exceptional" offer, and shows goodwill on BMW's part, would be quite upset if it were their car that went up in flames due to a manufacturing defect, while under warranty.

The problem is, how and who is going to do the investigation to answer the question of what happened?

Why is your insurance company so quick to indemnify you if the actual cause of the fire is still in question?
I can understand the rental coverage, but you pay for that in your premium.
Is your insurance company satisfied that the fire was NOT the result of a manufacturer defect or mechanic negligence?
Why would an insurance company pay for something that they may not be responsible for?
That's a big question I have.

Did your insurance company pay for the rental up until Nov 6th?
And BMW covered the rental from the 6th to the 21st?
If so, why did BMW cancel rental coverage if no conclusion had been made?

Seems very strange that neither your insurance company nor BMW have any conclusion as to what caused the fire. Yet the insurance company has given you compensation, and BMW made offers for the purchase of a new BMW.
This is odd.
If your insurance company made you a settlement offer, then they must have some reason for it. Did they tell you what their investigation revealed?
Are they telling you that they don't think the fire was caused by a defect or negligence?

Also, why did you accept the offer? In most insurance cases, by accepting the insurance company's offer, you're saying that their part of responsibility is over.
But, why? Why were they willing to give you money when the question of "what happened?" has not been concluded?
Insurance companies are not in the business of paying for damage if another party caused the damage.

I guess I'm confused by your actions.
If you think the fire was caused by a BMW manufacturing defect, or negligence by a BMW tech, then why are you entertaining buying a new BMW?

It's interesting that you were willing to take a lower discount but not sign the NDS. I can understand that you want recourse in the event that it's discovered that the fire is BMW's fault.
But if that's what you want, then stop discussing taking discounts and ordering a new car. The idea of the discounts is for you to stop pursuing the issue.

I don't think BMW is being nice and altruistic here, by simply wanting to help out a customer. They are a business and want to avoid a potentially greater problem, that being that the fire was caused by a defect. So, it's less costly to stall, make the customer a seemingly generous offer, and make the whole thing go away. OH, and don't forget to sign this NDS.
It's a smart business move.
You have to decide whether to take the hush-up offer or pursue the actual cause of the fire.
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