AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 102 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #1011 of 1905 Old 8th October 2010, 04:24 AM Thread Starter
tjav8b
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Update 10

Gentlemen, we have long waited for some type of response from Autobahn, just some reasoning for their behavior.
I have attached their response to our petition. Basically, they are denying everything!

Tommy
Attached Files
File Type: pdf Defendants' Original Answer.PDF (287.2 KB, 2125 views)

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post #1012 of 1905 Old 8th October 2010, 04:30 AM
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Game on!! Good luck Tommy!


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post #1013 of 1905 Old 8th October 2010, 04:42 AM
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Quote:
Originally Posted by tjav8b View Post
Gentlemen, we have long waited for some type of response from Autobahn, just some reasoning for their behavior.
I have attached their response to our petition. Basically, they are denying everything!

Tommy

what did you expect. Hopefully your friend will be a good witness.
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post #1014 of 1905 Old 8th October 2010, 04:43 AM
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I get so angry reading stuff like that (their reply). People hiding behind whatever defense they can come up with rather than being a man and doing the right thing. It's not even my car and my blood is boiling. Best wishes with your case. I hope they go out of business...after you make them pay.
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post #1015 of 1905 Old 8th October 2010, 04:51 AM
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You have got to be Fu(king kidding me.....I can't believe what they submitted...wait yes I can. They want to try to get out of anything they can. if this goes to trial then the OP will win hands down. They are trying their best to get whatever stricken off the record that they can. What a slime ball dealer. I really hope they go out of business. The thing is nothing will probably happen to them. This really needs TV attention. Someone should call Fox news in the area and show them this thread lol


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post #1016 of 1905 Old 8th October 2010, 04:51 AM
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wow... just wow.... they denied all your petitions???? this is gotta be a big fight!

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post #1017 of 1905 Old 8th October 2010, 05:09 AM
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Quote:
Originally Posted by tjav8b View Post
Gentlemen, we have long waited for some type of response from Autobahn, just some reasoning for their behavior.
I have attached their response to our petition. Basically, they are denying everything!

Tommy
Tommy,

Even though Autobahn is in denial they are still guilty of wrecking your M5, and you have all the proof necessary for the jury to make
a sound verdict in your favor. Autobahn doesn't have a leg to stand on, this is a typical petition response in order to drag the case out.
This will be a pissing contest between lawyers, however, in this case I believe you will prevail, you just need to hang in there even if
it takes five years to settle with them. I hope and pray that your attorney was retained on a contingency basis.
Please let us know if there's anything we can do to help you.

Good luck!

Mike

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Last edited by bimmersrus; 8th October 2010 at 05:10 AM.
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post #1018 of 1905 Old 8th October 2010, 05:46 AM
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Just a comment:

No local TV station will touch this story.... why? What is THE biggest buyer of advertising slots? Local car dealers.

IMO

BMWNA's action where reprehensible. I fully expected them to just duck the issue- which would have been understandable but disappointing.

But when it turned out they 'doubled dealed' the OP, their actions are almost worst that autohaus!

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post #1019 of 1905 Old 8th October 2010, 07:45 AM
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My favorite part is where they say that "Auotbahn specially excepts....the the plaintiff relied on Autobahns's "implied and express warranties" and "its superior knowledge and expertise" because said allegations are vague....."
So their defense is that you relied on their advertising, which was vague, and because of that your claims are invalid? And the warranties for vehicle repair, which are widely upheld by legal precedence and are in no way disputed in my understanding, are in this specific case too vague?
It would be interesting on a theoretical level to see what would happen if a bunch of people went to this dealership and test drove cars, and during those test drives the cars became damaged. I would be interested in how "vague" they determined the law to be regarding who is to pay in that theoretical situation. I am in no way advocating for small or large numbers of people to go to any dealership and intentionally involve new cars in an accident during a test drive as a purposeful act of retribution for any imagined or real prior act of injustice on the part of said dealership.

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post #1020 of 1905 Old 8th October 2010, 08:05 AM
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Do you have a quote or any paperwork from them saying that the car had been crashed by a mechanic and that they would pay to have it repaired?
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