07-12-2014, 09:12 PM | #45 |
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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.
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07-12-2014, 11:24 PM | #46 |
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I wish I could be on the phone with the dealer about this 24/7 but I work 6 days a week
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07-12-2014, 11:34 PM | #47 | |
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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.
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07-12-2014, 11:52 PM | #48 | |
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07-12-2014, 11:54 PM | #49 | |
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07-13-2014, 02:32 AM | #52 |
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07-13-2014, 04:32 AM | #53 |
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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) |
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07-13-2014, 08:07 AM | #55 | |
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07-13-2014, 03:05 PM | #56 |
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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.
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07-13-2014, 03:18 PM | #57 |
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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.
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07-13-2014, 07:58 PM | #58 |
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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 |
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07-13-2014, 11:33 PM | #59 |
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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?!
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07-14-2014, 12:36 AM | #60 | |
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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
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07-14-2014, 02:43 AM | #61 |
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He didn't mention it in the beginning but people asked it. Hope his fight goes successful and we hear good news.
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07-14-2014, 09:06 PM | #62 |
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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 |
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07-15-2014, 07:43 AM | #63 |
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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.
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07-15-2014, 09:50 AM | #64 |
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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...
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07-15-2014, 10:17 AM | #65 |
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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.
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07-15-2014, 10:32 AM | #66 |
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Oh they failed to mention that in the article... that is pretty sweet actually.
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