07-17-2014, 01:38 PM | #89 |
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This on your Z4 or do you have a 3 series too? I must be crazy but I could have sworn the regular 3 series did not start until June/July after summer shutdown. I tried to google old thread and they say the same thing,(June/July) but I guess not. I am old and the brain goes first.
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07-17-2014, 01:39 PM | #90 | |
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07-17-2014, 02:54 PM | #91 |
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Not at all. they have to prove that the tune caused the damage. engines don't just throw rods and the basic tunes are still relatively mild.
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07-17-2014, 03:30 PM | #92 |
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07-17-2014, 05:09 PM | #93 |
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Don't agree.
It's for the op to prove that the mods didn't damage the engine. Otherwise it's tough titty and BMW shouldn't pay.. Why should those that don't screw around with the engine subsidise those that do via warranty claims that are false. Especially as the op has admitted he attempted to defraud BMW. |
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07-17-2014, 06:02 PM | #94 | |
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07-17-2014, 07:57 PM | #95 | |
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And how has he admitted to defrauding BMW? He took off the JB4 and took it in. He had no duty to disclose that he had a tune. They then found the software tampered with (which I find very odd considering the data pump wouldnt show mild modifications) and told him. Proving "fraud" is one of the highest burdens of proof that can ever be litigated, which is why it rarely is and always settles. If he fights it, he will have to admit to tuning it in court, and the burden of proof is on the manufacturer to prove the tuning caused it, which is very unlikely. Any criminal liability (violating CA's CARB) is irrelevant in a civil case like this.
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07-17-2014, 11:25 PM | #96 |
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Yep I think that's it
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07-20-2014, 10:46 PM | #97 |
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I only have the stage 1 and this thread is scaring me a bit.
especially the part where BMW can retrace codes to tell if the tune was installed or not. is this true? I hope all goes well with OP
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07-23-2014, 07:26 PM | #98 |
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In short, yes. Pretty much anything you do to your car can be detected.
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07-24-2014, 06:08 AM | #99 | |
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07-24-2014, 07:13 AM | #100 | |
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Winner Winner chicken dinner. I use to be a Service Advisor for BMW, motors on a 2014 don't just blow up like that. BMW logic here is hell if this motor just "blow" up we could have a major problem with some of the engines built around that time. Also if the car died with the tune on and you just unplugged the before it was towed in of course they will see there was a tune on it.
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07-24-2014, 10:01 AM | #101 | |
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07-24-2014, 11:50 AM | #102 |
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A hydro-locked engine, because of a stuck fuel injector in the open position, will cause the engine to drop a piston and explode. It happened with an N20. Who's to say this wasn't the case here?
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07-24-2014, 01:35 PM | #103 | |
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Every manufactured item has a percentage of failed units. Bone stock engines blow. It is the nature of production. 991 GT3s had engine failures fires, 458 Italias-engine fires. These are NEW unmodified cars. New/stock does not = immune to failure.
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07-24-2014, 02:24 PM | #104 |
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Agreed. It would just suck to be that guy who had modded an engine which would have failed similarly had it been left stock.
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07-24-2014, 11:51 PM | #105 |
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I don't understand all this wailing and gnashing of teeth in regard to tunes causing engine problems. If you want peace of mind don't tune your N20 and go buy something with more i's. That way if there's a problem you've got nothing to worry yourself over.
Anyone who wants BMW to take on the risk of you fiddling with your car? Das ist backpfeifengesicht. |
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07-29-2014, 03:45 AM | #106 | |
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07-29-2014, 11:45 AM | #107 | |
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I'm not questioning you, but genuinely interested in your opinion since you have a legal background. The way I understood the Magnusson-Moss act to work is that it puts the burden of proof on the manufacturer that is giving the warranty. To me this means you can just push and push and push until they eventually give in because there is virtually no way to come to court and directly prove you caused the failure in a case like this. Now if you put an aftermarket driveshaft in and it failed and ripped up your floor boards, ok I know that is a no-brainer. I think it would be awfully hard to come in and show exactly where his JB4 caused a thrown rod. Love it or hate it that is the nature of cars really; a lot of times you can theorize all day long as to what caused what but you'll never know for sure.
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07-29-2014, 12:30 PM | #108 | |
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Your power to win in these claims is centered on whether or not they can prove it, when its nearly impossible to prove at the standard set out in the act given the amount of time and money it would take to find exactly what caused it and link it back to you, they are willing to give in. When you point them in a direction, that cost of finding and linking it is reduced. Now mind you I think they would still give in, but techinically it still "hurts" Again, take this all with a grain of salt, I have been a part of a few of these cases, and the biggest factors are how good your lawyer is, how good their techs are, how dumb you were, what JX you are in, and what judge you have. But just so people here are aware, when you are in a state like CA where CARB exists, it makes life a little harder for you when you want to mod and something goes terribly wrong. And, if I was his attorney I would have EXPLICITLY told him NOT TO POST ANY PICTURES ON THE FORUM WHATSOEVER. Before or after the issue, (hence why my DD isnt on the forums anywhere because still under warranty). I would also say if something like this happpens delete every trace you can of you and your car on any forums or social media. Makes there job that much harder.
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07-29-2014, 01:54 PM | #109 | |
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Practicing law in California must be interesting. I definitely get a much different vibe out here than other places I've lived and it seems like lawsuits are much more prevalent here and tougher to defend against. I think it goes back a long time as well; I have relatives in LA that won a medical case back in the mid 70s when it appeared to me there was no evidence one way or the other. I only know the details (it was never talked about since it involved a death and some took it pretty hard) because we ended up finding a lot of the depositions and paperwork in my Grandpa's house in the mid 2000s.
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07-29-2014, 02:42 PM | #110 |
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You've successfully missed the point if that's what you took from my post. This time put on some thicker skin and try reading it again, except this time without the chip on your shoulder. Hehe, chip. I think that's an unintended pun
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