AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 157 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

 144Likes
 
LinkBack Thread Tools Rating: Thread Rating: 23 votes, 4.78 average. Display Modes
post #1561 of 1905 Old 13th July 2011, 02:11 AM
spatchel
Member, Sport: On DSC: On (>100 posts)
 
spatchel's Avatar
 
Join Date: Aug 2010
Location: NJ
Posts: 110
Thanks: 1
Thanked 7 Times in 6 Posts
It really is unbeleivable and the dealership never expressed even the slightest regret over the whole thing. The amount of money spent hiding from their responsibilities probably could have settled this issue. Good Luck Tommy!
spatchel is offline  
Sponsored Links
Advertisement
 
post #1562 of 1905 Old 13th July 2011, 05:44 AM
tcphoto
Junior Member, warming up (<31 posts)
 
tcphoto's Avatar
 
Join Date: Sep 2010
Location: Atlanta, GA
Posts: 10
Thanks: 1
Thanked 0 Times in 0 Posts
I can see the Judge spitting out his morning coffee as he reads the response of Autobahn BMW. So, the mechanics and all other Autobahn BMW employees are freelance and not actually employees? I also assume that the are paid with cash like a day worker on a farm not a Autobahn BMW check. I'm not an Attorney but I have a brain and a little common sense and I can tell when an idea cannot hold water. If I were a betting man, I would wager that a settlement will be struck before this case sees the light of day. How long has their Attorney been practicing law?
tcphoto is offline  
post #1563 of 1905 Old 13th July 2011, 06:08 AM
PHXSilverM5
Member, Sport: Off DSC: On (>50 posts)
 
Join Date: Dec 2010
Location: Scottsdale, AZ
Posts: 57
Thanks: 2
Thanked 4 Times in 4 Posts
So, TJ, the question is, after you have your day in court, will you see forum-members right and sell whatever inventory of F10 M5's your new dealership has, without a mark-up?

This bs would be HILARIOUS if it weren't so painful for you. Hang in there, ignore the juvenile rants you're getting from these knuckle-draggers, hold out for your day in court and OWN these clowns.
PHXSilverM5 is offline  
 
post #1564 of 1905 Old 13th July 2011, 06:21 AM
bimmersrus
Member, Sport: On DSC: On (>100 posts)
 
bimmersrus's Avatar
 
Join Date: Sep 2010
Location: Granite Falls, Washington
Age: 69
Posts: 106
Thanks: 44
Thanked 19 Times in 13 Posts
"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."

Their statement has no merit what so ever. They are trying to wear you down, don't be surprised if they postpone the September hearing as well. These are simply opposing council scare tactics. Let the jury decide...

Mike

2010 BMW 335i XDrive Twin Turbo V1
2006 BMW Z4 3.0is V1
2002 BMW X5 4.4i V1
1993 BMW 325is - sold
1976 BMW 2002 - sold
bimmersrus is offline  
post #1565 of 1905 Old 13th July 2011, 06:36 AM
Mark Carson
M5 Expert (>4000)
 
Mark Carson's Avatar
 
Join Date: Feb 2005
Location: Hawaii
Age: 66
Posts: 4,515
Thanks: 1,063
Thanked 1,182 Times in 778 Posts
I can see them offering to settle just as it goes to court. Or the court sending you to an arbitrator prior to seeing the judge. My wife's company was summoned to small claims court a long time back by a lazy employee who wanted "accured" vacation pay for the period he was on administrative leave (after not receiving an on the job injury). We were forced to sit down with an arbitrator but no one budged so we did go before the judge (and I won).

Don't let them wear you down or settle for less than you are legal due.

2011 Z4 3.0
2011 528i
2010 M6 Individual Coupe https://www.m5board.com/vbulletin/e63...vidual-m6.html
Mark Carson is offline  
post #1566 of 1905 Old 13th July 2011, 01:25 PM
M5Doctor
Member
 
Join Date: May 2010
Location: UK
Posts: 35
Thanks: 5
Thanked 2 Times in 2 Posts
This whole thing is outrageous. I can't help thinking that an authorised BMW dealer in the UK would simply not behave like this. When I take my M5 in they have the senior M-tech work on it and only he takes it out if it is necessary.

I am not a lawyer but I have spent several years embroiled in a legal case against a large property company. I couldn't afford the huge costs for a lawyer so led the case myself and some of the tactics the other side's lawyers have used have been frankly ridiculous. They will try anything to scare you, make you back down and of course worry you with the possibility of massive costs. The latter is the biggest weapon big organisations will employ to "shove off" the individual.

My own experience would demonstrate that most of it is hot air and I would press on full steam ahead. This thread appears to demonstrate a prima facie case for the OP. Good luck and let's hope you put them out of business. Steve
M5Doctor is offline  
post #1567 of 1905 Old 13th July 2011, 01:41 PM
zarnd
m5board.comoholic (>1000 posts)
 
zarnd's Avatar
 
Join Date: Jul 2006
Location: UK
Posts: 1,544
Thanks: 72
Thanked 190 Times in 124 Posts
M5 Doctor, I took my car to my local BMW dealer in October last year for an oil change and they had obviously overtightened my sump bung as it pulled the thread out with it. A time cert repair was done and was done in situ and the remains of the sump thread were not cleaned out of my sump. I know this as earlier this year my car span a shell (number 8 so furthest from the oil pump), bits of sump thread were found in the oil pump and I had a £1200 to repair it. To cut a long story short I spoke to the dealer and even though I had extended warranty they advised me to get it repaired (done by Phil @ CPC) becuase I have changed the exhaust and modified it they wanted me to sign something to say that I would pick up the bill if the warranty company rejected the claim - this was before we found the bits of sump thread that were left in my engine.

My car was repaired, the dealer never offered to repair it for me when I phoned to say what was found, the dealer had my extended warranty terminated and only gave me the money back for the original repair and basically told me to get stuffed and that the spun shell and bits of sump left would not be caused by their previous repair.

UK dealers are just as bad, in my experience they do not stand by their work or their 12 month guarentee of their work. I will never go to a main BMW dealer again. I was their customer for 7 years and bought two cars from them and another from a different dealer. BMW UK weren't interested either, and customer services put the phone down on me twice and their exact words were; 'You've had it repaired by another garage, there is nothing we can do. Tough.'

Not anywhere near as bad as this situation, but still extremely frustrating.

cheers

Alex

2009 Caterham Supersport Race car
2007 Land Rover Discovery 3 TDV6 HSE

Previous:

2005 Mini Cooper S
2002 M5 - TotalBMW Feature car September 2008
1989 VW Golf GTI - Race car
zarnd is offline  
post #1568 of 1905 Old 13th July 2011, 02:28 PM
Munich77
Member, Sport: Off DSC: On (>50 posts)
 
Join Date: Sep 2010
Location: Washington DC
Posts: 65
Thanks: 1
Thanked 4 Times in 3 Posts
As outrageous as the statements by the dealership are - I think they are simple litigation posturing. Based on agency law, it appears what Autobahn is trying to do is to say that the mechanic was not acting within the authorized scope of his agency (i.e. his position) and that therefore the principal (i.e. Autobahn) should not be held liable. What amazes me is that Autobahn let it come to that stage as the facts are pretty clear - a customer's car was wrecked while being in at service at the dealership.

Last edited by Munich77; 13th July 2011 at 02:29 PM.
Munich77 is offline  
post #1569 of 1905 Old 13th July 2011, 05:26 PM
jchris
Member, Sport: On DSC: On (>100 posts)
 
Join Date: Apr 2010
Location: Seattle
Posts: 130
Thanks: 9
Thanked 2 Times in 2 Posts
This is getting me all heated up again!!!!!!!!!!!!! Autobahn is a disgrace!! I wish there was a way we in the forum could give them a piece of our minds.
jchris is offline  
post #1570 of 1905 Old 13th July 2011, 07:40 PM
Twomanybeers
Addicted Member (>300 posts)
 
Twomanybeers's Avatar
 
Join Date: Sep 2008
Location: IL
Posts: 364
Thanks: 55
Thanked 42 Times in 33 Posts
Twomanybeers is offline  
Reply

Bookmarks

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the BMW M5 Forum and M6 Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in











Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:



Similar Threads
Thread Thread Starter Forum Replies Last Post
BMW M3 topspeed test on German Autobahn Gustav E90 M3 Sedan, E92 M3 Coupe, E93 M3 Convertible, E46 M3 and E36 M3, Z4 M and Z4 M Coupe 1 10th June 2011 01:37 AM
E34 For Sale: E34 M5 for sale in Fort Worth, TX. Awesome car! aaronlosey Cars For Sale or Wanted 3 17th July 2010 03:33 AM
Anyone in Fort Worth? buschy E60 M5 and E61 M5 Touring Discussion 3 1st May 2007 04:15 AM
4 months old M5 Totaled HMGT3 E60 M5 and E61 M5 Touring Discussion 38 6th June 2006 10:01 PM
my beast - wrecked and totaled - RIP EMPEROR E39 M5 and E52 Z8 Discussion 53 9th January 2006 12:55 AM

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome