AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 156 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #1551 of 1905 Old 12th July 2011, 09:26 PM
DarkL1ghtn1ng
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Wow, that is truly crazy. By that logic, I wonder if their mechanics know that they could be personally liable for big damages to any car they touch, even if it is not negligence that caused the damage but even a simple mistake?

If I am a mechanic in that shop, I am pissed now!
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post #1552 of 1905 Old 12th July 2011, 10:08 PM
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Question What next - Fairy Dust Defense ?

Quote:
Originally Posted by DarkL1ghtn1ng View Post
Wow, that is truly crazy. By that logic, I wonder if their mechanics know that they could be personally liable for big damages to any car they touch, even if it is not negligence that caused the damage but even a simple mistake?

If I am a mechanic in that shop, I am pissed now!

Assuming the employees even know of this defense "trick". I agree, would not give me the "warm and fuzzy" feeling if I was employed by this BMW dealer.

Maybe thew will sprinkle "magic dust" next and make believe this all goes away ??

Good Luck Tommy - We are all backing you !
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post #1553 of 1905 Old 12th July 2011, 10:14 PM
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Quote:
Originally Posted by MCarRacr07 View Post
I am surprised at that stance.
What they may be trying to do is throw the mechanic under the bus and state that he went beyond his scope of duties and was not authorized to test drive the vehicle...not that it is more convincing.
Well Tommy, they are going to play this to the end in the hopes that perhaps you just fold....
Stick it out!!....Show everyone how principled people carry themselves.
Best
S
The mechanic likely wasn't specifically authorized to crash the car, so there might be some logic in his having some culpability.....IN ADDITION to the dealership! There is no way they can win the arguement that they have no liability........their employee did this heinous damage while the vehicle was in the care and custody of the dealership. Did you sign a waiver absolving the dealer from their own negligent actions? I don't think so.....

Autobahns stance is they're not liable for what their mechanics do and that they never made any promises to me or anyone about taking care of customer's cars to a certain standard.

Give me a break.....they are a BMW dealer, you bought a BMW and took it to the authorized BMW dealer for service...what part of that suggests they can provide less than the normal standard of care any BMW dealer would provide? I'd love to hear BMW NA weigh in on this statement even if they're hiding their heads in the sand over the main issue here.

Best of luck and hang in there Tommy!

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post #1554 of 1905 Old 12th July 2011, 10:35 PM
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Thanks for the update.

Eagerly looking forward to your satisfactory resolution and Autobahn BMW's just punishment.
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post #1555 of 1905 Old 12th July 2011, 10:41 PM
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Quote:
Originally Posted by EGBOZ View Post
The mechanic likely wasn't specifically authorized to crash the car, so there might be some logic in his having some culpability.....IN ADDITION to the dealership! There is no way they can win the arguement that they have no liability........their employee did this heinous damage while the vehicle was in the care and custody of the dealership. Did you sign a waiver absolving the dealer from their own negligent actions? I don't think so.....

Autobahns stance is they're not liable for what their mechanics do and that they never made any promises to me or anyone about taking care of customer's cars to a certain standard.

Give me a break.....they are a BMW dealer, you bought a BMW and took it to the authorized BMW dealer for service...what part of that suggests they can provide less than the normal standard of care any BMW dealer would provide? I'd love to hear BMW NA weigh in on this statement even if they're hiding their heads in the sand over the main issue here.

Best of luck and hang in there Tommy!
Obviously he was not authorized to crash anything...LOL
Sometimes what the defense will try to do is say that an employee went beyond the scope of his duties...ie. Maybe the guy is a parts guy and he should not be driving clients cars at all.or the type of repair/service did not require any sort of test drive etc.....I'm just saying...not agreeing.
Looks like they are trying to shift the blame is all.
S

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post #1556 of 1905 Old 12th July 2011, 10:42 PM
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IANAL - however if you (by signing the work order) turned custody of your car over to the dealership, then they are responsible for it. It was their decision, not yours, to give it to the mechanic (who as employee was acting as their agent). If the mechanic took the car without authorization, then it was a stolen vehicle - which the dealer failed to report as stolen.

No matter how you cut it, the dealership has lots of legal responsiblity.

Just my 2 cents.

Go get 'em Tommy.

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post #1557 of 1905 Old 12th July 2011, 11:28 PM
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This is a joke! I remember when I worked for a major dealer in Chicago. A ladies 750li sport was "misplaced" No one within sales and service could find it so the owner himself came down and apologized personally and gave her a brand new 750li sport for free, no questions asked, end of story.

It's shocking to see a dealer down in Texas take things so far!


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post #1558 of 1905 Old 12th July 2011, 11:46 PM
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Quote:
Originally Posted by greysleeper View Post
Mechanics can't afford M5's. That said, if this is their view, you could ask the judge to mandate them to announce this view in all their ads and website.
You would be shocked how much good mechanics make!

.
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post #1559 of 1905 Old 13th July 2011, 12:56 AM
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in my humble opinion, this should be a slam dunk case.

TJ, hopefully you hold them liable for all the emotional grief, stress, legal expenses, etc.

I hope this dealer loses big time - and we are all eagerly awaiting the court date. They probably didn't anticipate that you would see things through to the end...

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Last edited by mdyaman; 13th July 2011 at 12:58 AM.
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post #1560 of 1905 Old 13th July 2011, 01:11 AM
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