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What car did you end up getting? We know where you didn't get it from and where it won't be serviced.......
I think I was so intrigued with your story that I didn't look at your avatar. 2007 silver/black.........:M5thumbs:
 

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I was on the phone with my service Rep today and mentioned this ordeal and he said everyone in the BMW family has heard the story in one form or another. It sounds like this dealer has earned "black sheep" status in the BMW community over this fiasco. My Rep told me if one of his service techs crashed my car I'd have a check for my purchase price or a new car waiting for me before I even made it to the dealership . . .
 

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Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
 

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Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
I think it came down to a matter of perceived value, if I understand the course of events.
The value of OP car totaled would amount to, what, <50k.
But a check for that amount would not be able to adequately compensate for the perceived value from OP POV.
Hence the litigation...
 

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Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
I might be wrong, but if the Dealer’s employee was driving the car and damaged it, then the dealer (or their insurance) would be liable for the damage, repair or replacement. The owner's insurance could cover the repair, but this could lead to increased premiums for the policy holder.
 

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Discussion Starter #1,887
Question for the OP and maybe anyone else that understands the inner workings of insurance companies...

I've gone back and read a lot of the initial postings and there's one aspect of the story that I still don't understand. And that has to do with the OP's insurance company. I was taught that when you have an accident, the first thing you do is report it to your insurance company so that they can get involved on your behalf and start the ball rolling on the claim. But the OP's carrier doesn't seem to be part of the story here (or at least this thread), and that seems unusual to me. Wouldn't the insurance company have covered the loss? If the OP had made a claim with them, would that have precluded the eventual lawsuit against the dealership for additional damages? I'm thinking that given the circumstances, the OP's insurance company might have been able to get the FMV loss reimbursed by the dealer's carrier, but perhaps it's not that simple.

If standard auto insurance doesn't cover situations like this it would be interesting to know why.
You said you were taught the first thing you should do when you have an accident is to contact your insurance. I had no involvement in the events that took place.

There was no benefit to contacting my insurance. I did anyway because I thought they needed to know what happened. They took my report but said they could not get involved unless I filed a claim. They also advised me that I could not receive depreciation through my own insurance. Contacting them actually hurt me because even though I did not file a claim my insurance assigned my report with a claim number. The Defense tried to use this in court as evidence that I could have lessened my damages if I would have processed this claim even though it never was a claim. They actually tried to say that even though I had nothing to do with what happened I should have took a hit on my own insurance. Of course, the jury didn't see it this way as it is ridiculous.
 

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The OP has received fair recompense for his car.
No, not really.

I was on the phone with my service Rep today and mentioned this ordeal and he said everyone in the BMW family has heard the story in one form or another. It sounds like this dealer has earned "black sheep" status in the BMW community over this fiasco. My Rep told me if one of his service techs crashed my car I'd have a check for my purchase price or a new car waiting for me before I even made it to the dealership . . .

Good, glad word has gotten around.

But I would bet you $10,000 that is NOT what would happen if they wrecked your car.

Would they handle it differently? Absolutely. They'd have PR and legal on it immediately. But they would still not give you a new car.

IMO

But what do you expect them to say? Just blowing warm air as they are trained to do....

A
 

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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?
Document every aspect of your findings --take close-up pictures of the surface at the accident site, take a sample of the strut fluid (and a picture of you taking the sample, and a witness would be helpful). Have it analyzed to prove it is strut fluid. Take close-up pictures of the damage to the car showing the components and parts damaged. What you say you saw, what you say they said, etc. will be useless unless you have proof. Unless you're an expert in automobile damage and repair, and can convince them that you would qualify as such in a trial, nobody will care what you say about the repairability of the car (sorry!)

You have to be prepared for them to deny everything until you can prove what happened and why they're responsible. It may seem obvious to you and they may have admitted it when talking to you but you need to be prepared with PROOF.

In addition, while all the enthusiasts on this forum understand exactly why you would want a new car, it won't matter to the dealer's insurance company and the "repair experts" they would call on to testify if it were to go to trial. Being "uncomfortable driving a repaired car" won't matter to a judge/jury or insurance company unless you can make a compelling case why. You should be prepared to make your case and refute an expert that would testify the car is repairable and will meet industry repair standards.

Now all this doesn't mean this would or should go to trial but you need to convince the other side that in may and you are prepared to refute their argument for anything less than what you want.

Finally, unless you're an attorney with actual trial experienc (and most attorneys don't have trial experience) all the things should be handled by a competent lawyer but you're in the best position to make sure he/she presents a strong case in negotiations with the dealership. At this point, it's up to you to gather the evidence the lawyer will need.

Good luck!
 

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Document every aspect of your findings --take close-up pictures of the surface at the accident site, take a sample of the strut fluid (and a picture of you taking the sample, and a witness would be helpful). Have it analyzed to prove it is strut fluid. Take close-up pictures of the damage to the car showing the components and parts damaged. What you say you saw, what you say they said, etc. will be useless unless you have proof. Unless you're an expert in automobile damage and repair, and can convince them that you would qualify as such in a trial, nobody will care what you say about the repairability of the car (sorry!)

You have to be prepared for them to deny everything until you can prove what happened and why they're responsible. It may seem obvious to you and they may have admitted it when talking to you but you need to be prepared with PROOF.

In addition, while all the enthusiasts on this forum understand exactly why you would want a new car, it won't matter to the dealer's insurance company and the "repair experts" they would call on to testify if it were to go to trial. Being "uncomfortable driving a repaired car" won't matter to a judge/jury or insurance company unless you can make a compelling case why. You should be prepared to make your case and refute an expert that would testify the car is repairable and will meet industry repair standards.

Now all this doesn't mean this would or should go to trial but you need to convince the other side that in may and you are prepared to refute their argument for anything less than what you want.

Finally, unless you're an attorney with actual trial experienc (and most attorneys don't have trial experience) all the things should be handled by a competent lawyer but you're in the best position to make sure he/she presents a strong case in negotiations with the dealership. At this point, it's up to you to gather the evidence the lawyer will need.

Good luck!
I take it you did not read the whole post?
 

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I don't blame him for not reading all 190 pages. But it's pretty bad he failed to read the whole title...lol
 

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Who has time to read the facts? what we need is more sensationalism!! :cheers:
 
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You folks are going to LOVE this! Here is the complete statement from Aaron Skates, the Autobahn BMW technician that wrecked Tommy's M5.

"Client complained of the oil level reading 1qt low after his last service. I performed an oil service and to verify the correct level, I had to warm the engine up so that the level could be read through the I-drive. I was in a hurry to get the car back to the client. While driving, I pushed the M button, not to go faster or to "hot rod". As a technician, I need to be familiar with how the car reacts to a simple push of a button. Unfortunately, the client had the vehicles M-Dynamic settings to where the traction control came completely disabled when the M button is pushed. I was unaware this was possible and when the Traction Control Light came on in the cluster and the warning tone sounded, this caught me off guard and I thought there was a problem with the vehicle. While still in a hurry, I became distracted while going through a round-about at the intersection of Cullen St and Foch. I was coasting into the turn at approx. 30mph as there was no traffic. When I came out of the round-about, I accellerated as I would in normal conditions. With the traction control turned off and both rear tires at 0mm of tread left, the back end of the vehicle stepped out a little bit and was pushing me toward the curb on the right side of the street. I braked hard and tried to steer away from the curb, but it was too late. I hopped the curb with the right front wheel, went through a driveway entrance and hit the curb again with the same right front wheel. I got out of the car and with no injuries to myself, I locked the car and walked back to the service dept."

To be clear, Autobahn never denied that their tech caused the accident. However, as part of their defense, they used this statement to claim that Aaron Skates was no longer acting in the scope of his employment because he pressed the M button. Unbelievable!

What a load of BS. Even more humerous is the techs own admission that he had no knowledge of "M-Drive" setup. This to me is a clear indication that the tech was not adequately trained, and should not have been working on this vehicle. I think the truth is that he knew that traction control was off and simply lost control of the car. The MDM symbol and the DSC symbol bear no resemblance. The fact of the matter is that in most cases like this, the dealership prevails because the client doesn’t go through the considerable agony to make the dealer responsible for their actions. Kudos to Tommy for being relentless in getting this situation satisfactorily resolved. That dealership clearly needs new management for trying to defend themselves when clearly in the wrong – they should have done the right thing from the get-go and salvaged their reputation.
 

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Very, very similar incident happened to a local dealer here in CO a couple of months ago. M button pressed and the tech slid the M5 over a curb and into a barbwire fence. The dealer this time actually took care of the customer from last I heard.

k
 

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Very, very similar incident happened to a local dealer here in CO a couple of months ago. M button pressed and the tech slid the M5 over a curb and into a barbwire fence. The dealer this time actually took care of the customer from last I heard.

k
Probably out of fear of the owner of the car doing what the OP did. And another one of these threads with that dealer's name in the title.
 

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What a load of BS. Even more humerous is the techs own admission that he had no knowledge of "M-Drive" setup. This to me is a clear indication that the tech was not adequately trained, and should not have been working on this vehicle. I think the truth is that he knew that traction control was off and simply lost control of the car. The MDM symbol and the DSC symbol bear no resemblance. The fact of the matter is that in most cases like this, the dealership prevails because the client doesn’t go through the considerable agony to make the dealer responsible for their actions. Kudos to Tommy for being relentless in getting this situation satisfactorily resolved. That dealership clearly needs new management for trying to defend themselves when clearly in the wrong – they should have done the right thing from the get-go and salvaged their reputation.

And he said the "warning tone sounded"??? There is no warning tone that I am aware of lol. Also at 30 mph your rear end isn't coming out even with no tread left. If it was too dangerous to drive they should have told the customer they can't fix it without replacing the tires....

his statement is crazy lol
 
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