[jaxon20i]

In a weird situation lately with my 2017 440i Gran Coupe. I've had the car for almost a year, and put about 18k miles on it with no issues up until a month ago.

One day i turn my car on, a puff of smoke comes out of my exhaust, I have a check engine light as well as the drivetrain malfunction screen, and the car sounds almost motorcycle like. I restart the car and it seems to run better, however still shaky and with a check engine light.

I run the codes and see 110001 Cylinder Injection Shutdown, 120408 Reduced Power Mode, and 140210 Cylinder 2 Misfire. I limp the car over to Center BMW in Van Nuys,CA and drop it off for repairs.

The car sits there for a week, they clear the codes and tell me to pick the car up. Low and behold the same problem happens again an hour after leaving the dealership and I have it towed back to them.

It sits there for a few more days, and they call me to let me know the car needs an engine and it wont be covered under warranty and my only option is to pay over $26k for them to put in a remanufactured engine.

They refused to tell me what was wrong with the engine, all i really got from them is that its not a warranty issue due to my car having a BMS Intake (somehow this blew the engine?) I was also criticized by the SA for having the car towed out when it was drivable, even though he told me it needed a new engine?

I had the car towed out of the dealership and to a family members house for a second opinion, we ran a compression test and saw all Cylinders at 150psi, but Cylinder 2 (problem Cylinder) had 125psi. The car still runs and drives, just very sluggish and on 5 cylinders.

Has anybody had a similar problem? Do I have any recourse? Does my car really need an engine?

[StockLOL]

I thought they had to prove that your intake caused the blown engine. I’ve been following this forum for a long time and haven’t seen anyone blow their engine just running an intake. They need to tell you what caused the cylinder to fail, like was it running lean etc.

[HitmanHearns]

What octane level do you pump?

[Skyhigh]

I don't know how it works in the states, but any change to the engine certainly voids the warranty in Europe! They don't need to prove anything. And to be honest it makes sense - if I am manufacturing a product, I can only guarantee for its durability as a complete system (=set of specific parts, which are selected for a reason). If you put an air-filter that lets larger particles to enter the engine - of course this can cause damage or increased wear. Not saying that is what happened, but once you modify - you take over the responsibility. And not only for the part you replaced but for the entire system/engine.

This said, of course I understand how unbelievable and painful the situation is and would have the car checked elsewhere as well and then have a lawyer check what can be done.

[B58 parts]

You may have nicked a valve or a retainer is failing. Do a leakdown test and see where it's going ... You can pull the head off yourself in a few hours. If it's just a valve it's nothing to sweat really

[kern417]

I think we all know it's not the intake. It doesn't let bigger particles in, it just has more surface area so more air can enter. But that doesn't cause damage to the cylinder.

[Skyhigh]

Originally Posted by kern417

I think we all know it's not the intake. It doesn't let bigger particles in, it just has more surface area so more air can enter. But that doesn't cause damage to the cylinder.

You don't know that. Don't trust everything you read in sales-brochures. Give me the authorised lab test report that proves a BMS intake filtrates at least as good as a stock filter. Then give me the quality assurance audit report and testing procedures which ensure that each BMS intake is within tolerance and no significant variations exist between two filters. Good luck.

But again - that's not the point. I also think that although the non-stock air-intake can (and most likely will) cause more wear in the long run, it did not cause a total damage and not at such a low mileage.
But it is not what we think that matters - it is the modification of a system that gives the perfect excuse to any manufacturer to refuse warranty! It is an "all or nothing" deal and I would do the same as a manufacturer. If you read the warranty terms and conditions I am quite positive you will find that bold somewhere. Any change to the engine normally voids the warranty. Period.

But above everything - it must be verified what is causing this. Hopefully the damage and cost will not be that high. But I am afraid the warranty on the engine is gone either way. Even more if opened/repaired by unauthorised workshop.

Ugly... I know. I sympathise with the OP.

[f32ftw]

If they are claiming that the intake caused the engine to fail then they need to prove that.

From the Federal Trade Commission website:

"Simply using an aftermarket or recycled part does not void your warranty. The Magnuson-Moss Warranty Act makes it illegal for companies to void your warranty or deny coverage under the warranty simply because you used an aftermarket or recycled part. The manufacturer or dealer can, however, require consumers to use select parts if those parts are provided to consumers free of charge under the warranty.

Still, if it turns out that the aftermarket or recycled part was itself defective or wasn't installed correctly, and it causes damage to another part that is covered under the warranty, the manufacturer or dealer has the right to deny coverage for that part and charge you for any repairs. The FTC says the manufacturer or dealer must show that the aftermarket or recycled part caused the need for repairs before denying warranty coverage."

[Beek]

Lets hear from everyone who has fought a warranty denial to the bitter end which will be in a Court of Law. Won or lost I'd love to hear how the process went, how much time and money you invested and what the outcome was? Dealer/manufacturer has all the power, anyone who thinks otherwise doesn't have a broken car sitting in their driveway for months or perhaps years that they are making payments on but can't use.

[kern417]

Originally Posted by Skyhigh

You don't know that. Don't trust everything you read in sales-brochures. Give me the authorised lab test report that proves a BMS intake filtrates at least as good as a stock filter. Then give me the quality assurance audit report and testing procedures which ensure that each BMS intake is within tolerance and no significant variations exist between two filters. Good luck.

lmao. sweet, you can stipulate. meanwhile you don't have any of those details for the OEM filter and have no problem stating that it filters larger debris than BMS.

Just like swapping mufflers, intakes do little to nothing for performance and reliability. It's mostly for noise. Paper filters have been the same for years, and most brands mold the mating surfaces with their name embossed and pick an appropriately sized bucket from a batch. It's not rocket science. Even autozone spectre filters work and filter at an acceptable rate. You have bigger holes in your head than the microscopic paths designed in paper filters.

Originally Posted by Beek

Lets hear from everyone who has fought a warranty denial to the bitter end which will be in a Court of Law. Won or lost I'd love to hear how the process went, how much time and money you invested and what the outcome was? Dealer/manufacturer has all the power, anyone who thinks otherwise doesn't have a broken car sitting in their driveway for months or perhaps years that they are making payments on but can't use.

Never fought personally, but had several come back in terms of a recall after enough people had the same issue.

Originally Posted by f32ftw

If they are claiming that the intake caused the engine to fail then they need to prove that.

From the Federal Trade Commission website:

"Simply using an aftermarket or recycled part does not void your warranty. The Magnuson-Moss Warranty Act makes it illegal for companies to void your warranty or deny coverage under the warranty simply because you used an aftermarket or recycled part. The manufacturer or dealer can, however, require consumers to use select parts if those parts are provided to consumers free of charge under the warranty.

Still, if it turns out that the aftermarket or recycled part was itself defective or wasn't installed correctly, and it causes damage to another part that is covered under the warranty, the manufacturer or dealer has the right to deny coverage for that part and charge you for any repairs. The FTC says the manufacturer or dealer must show that the aftermarket or recycled part caused the need for repairs before denying warranty coverage."

I still think this is taken out of contest. It's illegal for OEMs to force you to use their OEM parts. You can source equivalent replacements from other places and still maintain your warranty. I know i read particularly about this regarding fluids. They can't specify you use OEM or BMW-branded coolant, for example. It could stretch to other parts I'm sure, but not sure that was the original intent.

[Skyhigh]

Except that this is a speculation. Without evidence, you can try „common sense" all you want, will never win. And yes, actually most (especially the cheaper) aftermarket airfilters are crap! No advantages, only risk. Plenty of analysis and videos about it. On a stock engine - this is a suicide. Evidence available at the beginning the thread. Even if it did not cause the issue, which I also agree.

[CruzM3]

Originally Posted by Skyhigh

I don't know how it works in the states, but any change to the engine certainly voids the warranty in Europe! They don't need to prove anything. And to be honest it makes sense - if I am manufacturing a product, I can only guarantee for its durability as a complete system (=set of specific parts, which are selected for a reason). If you put an air-filter that lets larger particles to enter the engine - of course this can cause damage or increased wear. Not saying that is what happened, but once you modify - you take over the responsibility. And not only for the part you replaced but for the entire system/engine.

This said, of course I understand how unbelievable and painful the situation is and would have the car checked elsewhere as well and then have a lawyer check what can be done.

The US is not Europe and it's totally different for situations like this. The dealer on behalf of the Manufacturer has to prove the intake caused the issue. OP, you need to get a lawyer involved. Especially if engine replacement is really necessary.

[Skyhigh]

That's legendary yes.... 😊
thanks to legal cases from people drying cats in microwaves because it is not written you should not or from people catching a cold from exposure to seat heating - we in Europe suffer as well.

Jokes aside - I hope it gets resolved quickly and without cost! I do think the warranty should cover.

[Animal Farm]

Reach out to BMW NA and trying explaining your position; while talking with them reiterate what the laws are.

https://www.coldairinductions.com/warranty/

If they can prove that the intake did in fact cause the damage then you'll have to go through your insurance; which will probably result in the car being totaled.

First order of business, call BMW NA.

Sorry bud.

[jaxon20i]

Thanks for the feedback guys. I had called BMW NA when the car first came in and opened a case which went on for about a month, only to have them call me back and say my claim was denied "Due to outside influence"

The person I dealt with at BMW also had no clue what to tell me other than they're trying to blame it on my intake. I'm completely dumbfounded on why they would blame such a big problem on something as minor as an intake, but I guess that's just BMW trying to avoid paying out for an engine.

[B58]

Originally Posted by jaxon20i

Thanks for the feedback guys. I had called BMW NA when the car first came in and opened a case which went on for about a month, only to have them call me back and say my claim was denied "Due to outside influence"

The person I dealt with at BMW also had no clue what to tell me other than they're trying to blame it on my intake. I'm completely dumbfounded on why they would blame such a big problem on something as minor as an intake, but I guess that's just BMW trying to avoid paying out for an engine.

Time to reach out to a lemon law lawyer and explain your situation. They know the do’s and dont’s with cases like yours.

[B58 parts]

It's probably just a valve .. go see a good independent and write a _small check . and move on with your life next week.

Get a lawyer!

It's just a car. Not a spaceship with 20k valves

[240zman]

There has to be more to this story, never heard of a dealer blame something on just an intake. Maybe they found something else

[eluded]

Who knows. Maybe b58 runs lean with just the intake? I'm sure there's lots of data here from people who have logged with a similar set up. That data will either support or shoot down that hypothesis

Based on that result you can then either pursue them in court or Fixit yourself and learn the hard lesson of never ever modify a BMW.

[jrdoming]

Originally Posted by eluded

Who knows. Maybe b58 runs lean with just the intake? I'm sure there's lots of data here from people who have logged with a similar set up. That data will either support or shoot down that hypothesis

Based on that result you can then either pursue them in court or Fixit yourself and learn the hard lesson of never ever modify a BMW.

Lol you're on the wrong forum to preach about not modifying...

[G.Newt]

Originally Posted by jrdoming

Lol you're on the wrong forum to preach about not modifying...

Quite the opposite. This would be the place to preach as 99% of members here do mod. It's a reminder that we all play to pay. If you mod something, be prepared for the consequences.

[Skyhigh]

Agree with the above.
And especially why risk without ANY gain!?
Sport filter on stock engine!? Even if the warranty covers the damage in this case, the trouble is not worth the placebo effect being the only gain.