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AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...]

2M views 2K replies 347 participants last post by  tjav8b 
#1 ·
Took my car into dealership this morning for a oil/brake change. I get a call a few hours later (not even from the manager of the dealership) that my car had an "accident" while being test driven. They stated the driver hit a patch of sand and slid into the curb at 20mph. Damage...Wheel cracked, tire blown, front end will need repaint and the strut is cracked open. Immediately called B.S. on the story and it was obvious temp manager knew what really happened when I got there but would not admit it. I asked where it happened and he said a few streets behind the dealership. So, I go check out the area and it didn't take long to find it. Around a turn was 30ft of tire marks (no sand) and not only one but two separate curb impacts and coming to rest in a puddle of strut fluid. Total distance from first curb impact to strut puddle was about 120ft! So, it is obvious what happened, the mechanic was out ragging my car and lost control. Manager on duty actually had the balls to mention the lack of treadwear left on my rear tires as being a possible cause! We are talking a 100 degree day and dry as hell! He had nothing to say as to why the mechanic test drove in M mode (full dynamic off)! No M mode, no accident.

I have already told them to not touch anything and do not order anything until I contact them. I have already documented the crash site with video/pictures. Police told me they could not take a report because BMW had moved the car before I got there.

Anyone been in this type of situation before? Suggestions on how I should proceed?
 
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#2 ·
Wow, sorry to hear that. I would definitely talk to the owner of the dealership to see what they would do to compensate. Not just repairing the car but for your time and lost of resale value as well since the car has now been in an accident. For me, it's never the same, I cannot drive a car that has been damaged as I always think there is something wrong with it. Also, first thing to do is to get them to write down what they did (signed confession whether it's true or not), if they don't come to the table, then it's time to get a lawyer. Again, sorry about the mess.
 
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#3 ·
un Fn believeable! :eek7:
 
#4 · (Edited)
Get a top notch lawyer....don't even talk to them, the lawyer will sue for personal grief, and lots of other stuff....you want a NEW CAR...or you will sue for 1/2 million, no less....you will get a brand new car...REMEMBER GET A GOOD LAWYER and the dealer pays for the Lawyer...this is a slam dunk case...write down EVERYTHING wat people say the police say EVERYBODY doucumentation...or you have NO case...Period.grrrrrrrgrrrrrrrgrrrrrrrgrrrrrrr
 
#6 ·
What dealership? I am over in Dallas and use Classic BMW, but still want to know. Your best course of action is to speak with the owner as soon as possible before the mechanic or manager have a chance to put together something. Anyway, you have documented it appropriately so use that as leverage and threaten a lawsuit. They are obviously in the wrong and should come around.
 
#7 ·
Very sorry to hear this.
This actually happened to my e46 M3 at BMW of Bridgeport in 2003.
As others suggested GET A LAWYER and GET A NEW CAR.
I didn't and I regret it to this day.
When it was time to sell the car, it was worth FAR less because of the damage that had been done.

F'ing a$$holes.
 
#12 ·
That will never happen. The E60 is out of production so there's no way to get an individual M5.

Best he can do is get a free one off a dealer lot (probably will be hard to get one unless that dealer has it).

But then again, a lawyer can do wonders.

OP, time to lawyer up.
 
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#13 ·
Damn that sucks. It's not even my car and I feel somewhat violated from what happened to you. Kinda the same feeling when someone breaks into, vandalize or steals your car. Hope things go your way bud.
 
#14 ·
guys get a lawyer and sue for what?? The dealer can prove that the test drive is legit and is normal procedure, they are willing to pay to fix it, they are not refusing to pay so there are no grounds to say you should get a new car, as long as the dealership is willing to repair it to the same visual condition and in a safe manner along with providing you with transportation while the car is down. I dont even know how you can prove it was in M mode nor do i know if that would even matter.... Good luck though, i would more worry about getting them to fix it at the best body shop money can buy, and some compensation for maybe the decreased value and inconvenience. If there is no body work being that there is no police report or ins claim your carfax will be clean and your value will not change because there would be no way to really tell..
 
#21 ·
True, another pointis to prove what lower market value your car has and then get them to pay you that + fix the car.

Also, you are always free to mention the dealershipname in this thread if in the end they wont give you a satisfactory deal.

Good luck though, i would more worry about getting them to fix it at the best body shop money can buy, and some compensation for maybe the decreased value and inconvenience. If there is no body work being that there is no police report or ins claim your carfax will be clean and your value will not change because there would be no way to really tell..
 
#16 ·
I feel for you man, loosing the original paint and driving in a repaired car is unacceptable; like everyone said get a good lawyer and I would ad to relentlessly call BMW NA till you make enough of a problem that something gets done. I'd push for a new M5 or at least a check for 20K to cover damages. Also, have your lawyer advise them that if you were to be in any kind of accident after this a nice big lawsuit will come their way, as if the wheel and strut cracked the suspension took a good beating.
 
#17 ·
I agree it's disgusting this can and did happen. I'm also pretty disgusted at people crying out to sue for 1/million and expect a new M5. I understand unlike the rest of the civilized world it's common practice to sue everyone in US for everything. Frankly if it were me I'd be trying REAL hard not to go and go strangle the mechanic. But did it actually occur to anyone to actually go and sit down with the dealer owner and tell him why you're angry and what you want. You know maybe try acting like a mature adult gentleman and actually talking face to face. I'd suggest an M5 as loan car until yours is put right. I'd insist on a FULL respray of the entire car at a body shop of your choosing so you can be sure the repair is perfect and good as new. I'd probably also ask the muppet driving the car being fired for gross negligence. 1/2 million and new car.... way to continue to screw up your screwed up economy. Be sensible this will effect your re sale value by no more than 10-15k THAT should be a figure you're looking at in settlement.
 
#20 ·
So what do the videos / photos show you of the crash site?

I think this is the key to how you can progress this. If the tyre marks and damage show what actually happened then there are several things that this will lead to in terms of taking it forward with the dealership (this 'may' need an expert on road traffic accidents though ie. the police :sad3: ... I am suprised the Police weren't bothered as this could have been a serious accident if the car mounted the curb etc?

The photos and evidence on the road (get measurement references of tyre marks aswell) will help show:
1. how the car was being driven (speed, dangerous driving..)
2. how the car was being driven on public roads (speed, dangerous driving, danger to the public, representation of the the dealership...)
3. how this relates to what the dealer told you happened (representation of the dealership, customer service, lying employees, trust...)

I would then make sure the car is not touched in any way until you say so... I would also ask how the car got back to the workshop too :eek7:

...and then speak to a solicitor/lawyer immediately.

This is why I don't like leaving my car with dealers... the Service Assistants are very nice etc and I have reasonable 'trust' with them as thats what they are there for... it's the odd one mechanic in the back workshop that sometimes your car goes to grrrrrrr
 
#23 ·
You need to be compensated


Any car that's been in any accident incurs what the insurance industry calls 'diminished' value. Insurance companies have formulas for this. Call yours and find out what it might be. Your dealer and their insurance needs to at least reimburse you that amount. It could be many thousands of dollars.
 
#24 ·
My dads friend has been in this kind situation the dealership spilled some kind of grease on to his carpet he had a S63 AMG the dealership changed the whole carpet inside the car without telling him and he was pretty pissed off so he took the keys and left it at the dealership and hours later te dealership guys brought the car to him butwhat he did was called the main office of Mercedes located in wasington I think and he went off on them and the dealers brought him a brand new S63 to his house, that's is what you should do and also get a lawyer just what every one says on the top ^ sorry to hear about your car though, hope this helps you .but google Mercedes main headquarters in north American that should give you the help you need to contact them.
 
#375 · (Edited)
Could you please use periods and proper sentence structure? Sorry, it's my OCD! :)
 
#25 ·
Also, mention to them that this thread and m5board.com in general have great searchrank so as soon as you name the dealership this story will be tied to them forever when googling their name. It is not worth it for them not to compensate you in a way that fits YOU.
 
#28 ·
I agree with everyone saying get a lawyer and sue them if they offer you anything less that a new car as a replacement. I would also press criminal charges. I've long taken the position that when a tech takes your $100k vehicle for a joyride that's grand theft auto. Also, 150' of tire marks heading into a curb is reckless driving. I'd push the police to charge the tech for that as well.




+1. I had a nightmare experience with a dealer and posted it on this board, and it was the number 1 hit on Google.
 
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#26 ·
Feel sorry for you man :(
what did they told after the accident happens , i mean , did they give you any offers , or they kept silent ??
if they didn't cooperate , i suggest you see a lower and blow the hell out of them :pedro:
 
#27 ·
Really sorry to hear about this, you must be both outraged and heartbroken!! I think pursuing them legally is going to be the only way to go!! Don't just settle for what they want to offer you by say of compensation initially!!

Also, as Gustav mentioned, once the name of that dealer in Texas is mentioned, it will be linked to them forever!! Plus, a lot of us here have other BMW's for our wives etc... Will we be buying them from a dealer who treats our cars like that, I think not!!!

Once again, sorry to hear about that!!
 
#29 ·
Definitely contact a really good lawyer and have them go about working it out with the dealership. The police are really useless sometimes and dont want to be bothered unless its done in a certain procedure.. Im so sorry to hear man i hope everything works out and you get a new car or money to upgrade to something 5 times the value of one. Do not settle for them to have your car fixed it their fault. you brought the car there with no accident and your getting it back that way. I had this girl cut me off in my e46 m which was completely her fault so the car was fixed by her insurance company and when i got it back it was never the same.
 
#32 ·
Talking about lawyers , any lawyers on board ??
 
#34 ·
I would canvas the area where the accident occurred to see if anyone witnessed the accident and get their testimony.
 
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