[Reelknead1]

Welp... Looks like he wasn't lying. I'm still not sure why you're not more involved with this process. I would be on the phone and in the dealership 24/7 until I got to the bottom of this.

[bo0md0om]

Originally Posted by Reelknead1

Welp... Looks like he wasn't lying. I'm still not sure why you're not more involved with this process. I would be on the phone and in the dealership 24/7 until I got to the bottom of this.

I wish I could be on the phone with the dealer about this 24/7 but I work 6 days a week

[Thescout13]

Originally Posted by rhercoso

I wish I could be on the phone with the dealer about this 24/7 but I work 6 days a week

Call BMW NA. Having thrown a rod in an E36 M3, I can't personally tell you that it doesn't happen on BMW engines unless you were way over rev and running an insane amount of boost. A tune wouldn't just do that at cruising speeds. If you call BMW NA and get them involved and tell them this is horseshit and that you never tampered with the DME a super majority of the time you will win. I haven't heard of one car that took out the tune before going to the dealer being denied on a warranty issue and that's on n54 and n55 replacements. Even back in the flash ECU days I flashed my e46 M3 back to stock and went in and got Vanos replaced under warranty. The only time I have heard of a warranty denial was an e92 M3 supercharged who blew his engine took off supercharger and tune and they figured it out by checking the RPMs and saw he went nearly 2k over factory redline....

Take my limited advice for what it is. But as a lawyer I can confidently say, get BMW NA involved and you have a chance. If you already admitted to the tune. You are ahit out of luck. Also which dealership you go to matters.

[bo0md0om]

Originally Posted by Thescout13

Call BMW NA. Having thrown a rod in an E36 M3, I can't personally tell you that it doesn't happen on BMW engines unless you were way over rev and running an insane amount of boost. A tune wouldn't just do that at cruising speeds. If you call BMW NA and get them involved and tell them this is horseshit and that you never tampered with the DME a super majority of the time you will win. I haven't heard of one car that took out the tune before going to the dealer being denied on a warranty issue and that's on n54 and n55 replacements. Even back in the flash ECU days I flashed my e46 M3 back to stock and went in and got Vanos replaced under warranty. The only time I have heard of a warranty denial was an e92 M3 supercharged who blew his engine took off supercharger and tune and they figured it out by checking the RPMs and saw he went nearly 2k over factory redline....

Take my limited advice for what it is. But as a lawyer I can confidently say, get BMW NA involved and you have a chance. If you already admitted to the tune. You are ahit out of luck. Also which dealership you go to matters.

Definitely some much needed advice thank you

[bo0md0om]

Originally Posted by Mike@N54Tuning.com

I'd guess they found some sign of modification on the car, a loose bolt from the intake, the coding, evidence exhaust was changed, or something along those lines. Still they should cover a thrown rod. It's not like tuning is going to cause that. You'd have to fight with them over what caused the rod failure. Are you sure you didn't over-rev the motor somehow?

Mike

I don't know how i could have over revved the motor if I have an automatic transmission. Even when I am using the paddles I noticed that when the car got close to redline it would shift automatically.

[rustyminded]

Originally Posted by rhercoso

91

Ron or Mon
map 2 requires 93 which is ron 98
you messed up man, that's what you did wrong !!

[rustyminded]

what's the average temperature at your country ?

[DS_BMW]

Originally Posted by rustyminded

Ron or Mon
map 2 requires 93 which is ron 98
you messed up man, that's what you did wrong !!

I doubt it. It should just pull timing.

[oceanview]

Seems like BMW and the dealer made up his mind.
I would think about taking the car to an engine specialist and let him make an expertise to see what caused the damage.

Did the (Piston) rod brake? You wrote #9, but there are only 4. Or what rod are you talking about.

You need a technical expert, which is on your side, representing your interests. Just like a lawyer. BMW has its own interests.

Once you have a clear result of YOUR expert, what caused the damage of the rod you can decide how to proceed with the case?
How else do you want to argue with BMW if they refuse to take it under warranty?

All we can do here is remote guessing if the tuning, over revving, wrong gas used or whatsoever caused the damage, but it will not help you much.

Never less, my guessing…
If a piston rod brakes, too much turbo charge pressure (because of the tuning) could be causing that. (An expert could x-ray the unbroken rods and see if they are also damaged)

Over revving? Not possible on an automatic trans. in the F30 (unless the tuning allows downshifting at to high RPM)

Using wrong gasoline (low octance): This can cause engine knocking at low or high RPM and could also cause engine damage (Valves, Piston, Piston-Rod damage).
Because you wrote you where using 91 octane gasoline, that’s one of the possible cause I would first look into as possible damage source.
(There is a reason why BMW writes binding octan prescriptions into the owners manual)

[J_Vang]

ho lee chit. What the guy above said. I just can't see this happening on it's own. This is crazy.

[M-terkait]

Originally Posted by Mike@N54Tuning.com

I'd guess they found some sign of modification on the car, a loose bolt from the intake, the coding, evidence exhaust was changed, or something along those lines. Still they should cover a thrown rod. It's not like tuning is going to cause that. You'd have to fight with them over what caused the rod failure. Are you sure you didn't over-rev the motor somehow?

Mike

how can he pass the rev limit its an Automatic car even

[F30form]

Originally Posted by Thescout13

Take my limited advice for what it is. But as a lawyer I can confidently say, get BMW NA involved and you have a chance. If you already admitted to the tune. You are ahit out of luck. Also which dealership you go to matters.

You are a lawyer? How do you miss the fact that he is talking about this on a forum that BMW reads. BMW is pretty clear about what will void a warranty. He modified the car knowing full well that it voids the warranty. End of story. I can assure you that the people who is handle these cases at NA check these forums for just this reason.

[BMRGUY]

The only way they can void you warrantee is if they can prove the modification made resulted or contributed to the failure. 25k is a ton of money for most. I would suggest getting a lawyer and also getting a second opinion from a certified BMW tech. It does not need be a dealer just someone who has gone through the certification to provide an expert diagnosis. If you can find someone who will provide an expert opinion that the tune could have not caused the failure because of x y and z then you most likey would win the case. The testimony and evidence would need be rock solid. In many states you can also sue for attorney fees. A good lawyer will be able to write a good enough letter for BMW to either honor or negotiate a reasonable deal. Most cars of today have fail safes to prevent failures introduced by computer glitches which could result in a physical or mechanical failure. I highly doubt the tune was the root of the failure ; unfortunately the tune could have pushed a faulty part to fail prematurely. It's all in the argument.

[Mike@N54Tuning.com]

Originally Posted by M-terkait

how can he pass the rev limit its an Automatic car even

With an AT that would be difficult. Running map 2 on 91 octane without a downpipe could induce major knock but that would result in a failed piston ring not a bent rod, in my opinion.

It's also true BMW reads this forum. It's just as likely they found him here especially with those photos. How many 328s are blowing out the bottom of the oil pan.

At this point OP will need to get his own expert to prove a tune can't cause that specific damage and fight it. Or buy a junker motor for $6k. Whatever he does I hope he doesn't pay BMW $25k to fix it. You can get a whole used 328i for that much...

Mike

[skydiver]

Why on God's green Earth would you try to file a $25,000 engine warranty claim, and then go and discuss your aftermarket tune on a forum that BMW is known to read?!

[Thescout13]

Originally Posted by F30form

You are a lawyer? How do you miss the fact that he is talking about this on a forum that BMW reads. BMW is pretty clear about what will void a warranty. He modified the car knowing full well that it voids the warranty. End of story. I can assure you that the people who is handle these cases at NA check these forums for just this reason.

I didn't "miss the fact" if you actually read my post instead of being a smartass you would of read "have a chance" or admitting to a tune "you are shit out of luck". No certainties just chances. And the fact that you think this world is black and white is laughable. NOTHING in the auto lit world is certain, or even close to certain. Yeh posting to a forum wasn't smart, but I've seen stupider win. Shit, I've seen BMW replace an entire supercharged engine because the supercharger didn't cause it, and that car was featured in a magazine, that's what an expert can do.

So, if you follow the commenters who actually contribute OP, to help you, you need to find an expert that can prove it wasn't the tune that caused it. You find that expert, you file, they will want to settle. It's not worth the cost in fighting you or attorney's fees...

Smdh at some people

[MyFragileHalogen]

Originally Posted by skydiver

Why on God's green Earth would you try to file a $25,000 engine warranty claim, and then go and discuss your aftermarket tune on a forum that BMW is known to read?!

He didn't mention it in the beginning but people asked it. Hope his fight goes successful and we hear good news.

[S4NoMore]

I have read that in the United States, per the Magnuson-Moss Warranty Act, the burden of proof lies with the manufacturer - i.e. if you took BMW to court over this, they would need to prove that some modification caused your specific failure of throwing a rod.

Here's an Audiworld article on the subject: http://www.audiworld.com/tech/misc15.shtml

[TurboM]

Did you hear the engine "knocking" or "clunking" before it let go? My guess is there was probably a rod bearing failure on that cylinder which eventually seized the engine and snapped the connecting rod. I'd be hard pressed to think that a rod would break any other way considering you were just cruising on the highway. With that being said, if there was a lubrication or oil pump issue with the engine you may have a slightly better chance of fighting this one if that's the path you decide on. What a nightmare, good luck man.

[bcornwellatl]

There was a post in FoxNews yesterday about a Lawyer called the Lemon Lawyer who successfully sued Tesla over warranty on their car. The lawyer basically used the method mentioned above in this thread to show that Tesla couldn't prove without a doubt that somebody tampered with their software in the car and caused the problems... It also brought to light a very weak point with Tesla - when your car breaks down, where do you get it fixed? This guy had to ship it off to another state for over 60 days... SUX...

[MickAv8r]

Originally Posted by bcornwellatl

It also brought to light a very weak point with Tesla - when your car breaks down, where do you get it fixed? This guy had to ship it off to another state for over 60 days... SUX...

Its not that weak. You factor in the service plans with the cost of ownership. The plans include Tesla Valet where Tesla sends a flatbed to you, with another frickin Tesla on it. You drive theirs why they fix yours.

[bcornwellatl]

Originally Posted by MickAv8r

Its not that weak. You factor in the service plans with the cost of ownership. The plans include Tesla Valet where Tesla sends a flatbed to you, with another frickin Tesla on it. You drive theirs why they fix yours.

Oh they failed to mention that in the article... that is pretty sweet actually.