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
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post #1561 of 1905 Old 13th July 2011, 02:11 AM
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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!
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post #1562 of 1905 Old 13th July 2011, 05:44 AM
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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?
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post #1563 of 1905 Old 13th July 2011, 06:08 AM
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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.
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post #1564 of 1905 Old 13th July 2011, 06:21 AM
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"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...


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post #1565 of 1905 Old 13th July 2011, 06:36 AM
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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.

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post #1566 of 1905 Old 13th July 2011, 01:25 PM
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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
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post #1567 of 1905 Old 13th July 2011, 01:41 PM
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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.



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post #1568 of 1905 Old 13th July 2011, 02:28 PM
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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.

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post #1569 of 1905 Old 13th July 2011, 05:26 PM
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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.
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post #1570 of 1905 Old 13th July 2011, 07:40 PM
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