Quote:
Originally Posted by EnerJi
What if he hadn't had comprehensive insurance? It would be a bit silly to be driving a recent-model BMW without it, but let's assume that was the case.
No comprehensive coverage means no insurance payout. The car was under warranty, maintained by BMW service technicians to manufacturer recommendations, and it catches fire during normal operations and is a total loss. BMW investigates, and their investigation is inconclusive. If that were to happen, BMW either makes it right, or the driver sues BMW to try and force them to make it right. My guess is BMW makes it right to avoid the lawsuit.
In this situation, despite the insurance payout, my bet is BMW would have been willing to go further to make it right if the OP had hadn't lost his patience.
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Very interesting read. Trully a good to know what if.
From the initial post, what is clear, and the tone, the fire victim thought he was outright right and that he knew better. Just a general conclusion from sentences, arguments, etc. The replies he got here provided the accurate, nearly as good as in a court of law sort of accurate replies.
FIRE: Shit happens. Literally. Since no clear fault was identified, hard to tell if BMW fault or some previous unknown hazard over 46k miles. MEMBER WAS NOT HURT = NO MORAL OR BODY INJURY OR SUFFERING.
Release/NDA: IRRELEVANT. This is where the member missed by thinking he was outrighteously right but not so. Irrespective of the NDA, BMW NA complies with HTA and BMW Canada with Tspt Canada obligations, as well as other regulations. They are NOT GM. In other words, had BMW had a clear indication of a prevalent problem, it would be obliged to disclose. A few 1/15 000 vehicle issues, that were a non-recurring fluke, does not make it a hazard requiring Govt disclosure. So I would have signed the NDA- knowing well BMW could still be forced to disclose a general issue. However, HAD there been an ACCIDENT that could be manufacturing related, in Canada Tpt Canada has the authority- and does- investigate it no matter what the manufacturer thinks or wants.
INSURANCE: Like other esteemed forum members, I have FULL replacement/5years. Then depreciation after 5 yrs. My F35 Limited Edition M Sport was over 75k, not taking a chance. This is where the member had BAD luck: car was toasted and he did not have full insurance.
VALUE: He was offered 17 +7500 or something like that, or nearly 25k towards a new vehicle, so a crazy high trade-in value. Member was incorrect he would be at a loss- not at all. He would be getting a 2nd hand better 25k car, or a newer one. Tangible good = no loss.
In this situation, I see neither issue with BMW nor the insurance company, but the member's ego got the better of him. Out of a bad luck situation he could have walked away with a newer better BMW, be it second hand, he thougth being more right than everyone else and that was not so.