[tjav8b]

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?

 

[Pistolero]

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.

 

[agentZERO]

un Fn believeable! :eek7:

 

[unfoundhorsepower]

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

 

[AFC1]

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

+1. You could easily get a new car out of this, or a lot of cash. They were completely irresponsible and you have a lot of good info to hold against them.



afc1

 

[dannboss]

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.

 

[anucci]

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.

 

[DarrinB]

I wouldn't settle for anything less than a FREE 2010 individual M5

 

[Clyde]

I have already told them to not touch anything and do not order anything until I contact them.

I would not be surprised if they have already started to repair the damage ouich
Obviously this is not an ethical business, so they will try to eliminate the evidence

 

[tjav8b]

I would not be surprised if they have already started to repair the damage ouich
Obviously this is not an ethical business, so they will try to eliminate the evidence

Took photos of all damage and told him to do nothing until he hears from me but I know what your saying. He said it would remain on the rack. Not a real smart guy...told me the most expensive repair was just replacing the wheel.

 

[M5aud]

Time to roast! Get a lawyer and push for a new car. Extremely rude and unacceptable.

 

[Revo]

I wouldn't settle for anything less than a FREE 2010 individual M5

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.

 

[EuroCarFan]

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.

 

[Msizzle]

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..

 

[Bmw077]

I live in Dallas and have mine at Classic BMW at the moment. What dealership did this happen at?

 

[MiamiSixer]

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.

 

[Stormster]

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.

 

[Mikkc]

In USA , everything is possible when you have the right lawyer

 

[Gustav]

Dont accept tha car back and involce a lawyer is wha tI should have done.

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?

 

[540i_sheff]

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