AUTOBAHN BMW Fort Worth ragged my car and wrecked/totaled it on a test drive! [case now closed - after 16 months...] - Page 61 - BMW M5 Forum and M6 Forums
E60 M5 and E61 M5 Touring Discussion 2005- Advertiser's Forum

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post #601 of 1905 Old 9th September 2010, 05:31 PM
dannboss
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Agreed with MCarRacr07. I think you are right on. As much as we would like to believe that the dealership is getting more worried with each view of the thread, this was a dead issue in their eyes long, long ago. The easiest route, which they took based on information here, is to wash their hands of it with the insurance company. On that point, none of these threads will influence their response in directly helping the OP. What they COULD do is sponsor a free track day at MSR for M owners or SOME sort of PR gesture, but I doubt that will happen.

Ultimately anyone who has read this thread or is aware of the issue, will not be using the crash dealership in the near future. I, along with many others, just hope the OP get's a quick and just resolution to this issue.

Best of Luck.
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post #602 of 1905 Old 9th September 2010, 06:43 PM
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post #603 of 1905 Old 9th September 2010, 07:18 PM
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I think that it would be wrong to underestimate the power of an apology along with a visible change in policy.

From an HBR blog:

"In a study of medical malpractice lawsuits, the top five reasons people gave for initiating the lawsuit were:
  1. So that it would not happen to anyone else
  2. I wanted an explanation
  3. I wanted the doctors to realize what they had done
  4. To get an admission of negligence
  5. So that the doctor would know how I felt
And the number one thing the doctor or hospital could have done to prevent the lawsuit? An explanation and apology.

When the University of Michigan Health System experimented with full disclosure, existing claims and lawsuits dropped from 262 in 2001 to 83 in 2007."

Source: I Want You to Apologize - Peter Bregman - Harvard Business Review

The truth is that reasonable people understand that mistakes will be made. The dealer can still come forward, do the right thing, and get back on a path to regaining their credibility. (I certainly have opinions on what that path would be) Without that apology, however, it is going to be extremely difficult for them to undo the damage both to them and to BMW. Certainly the neglect from the latter is causing a lot of damage to their own brand - it is definitely coloring my opinion.
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post #604 of 1905 Old 9th September 2010, 07:19 PM
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What is interesting is he difference in "time expectations" in a forum like this, versus the real world.

Here, the situation spins out of control in 6 hours.

There it will be "quick" if this resolves in 3 MONTHS.

I think the OP may have made a tactical error in not outing the dealer and letting the bombardment start as soon as they 'insuranced up'. Just one opinion.

A

"Keep things as simple as possible...But no simpler"

Last edited by ard; 9th September 2010 at 07:30 PM.
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post #605 of 1905 Old 9th September 2010, 07:25 PM
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Quote:
Originally Posted by MCarRacr07 View Post
quite frankly IMHO at this point this board and all the other internet forums carrying this story are irrelevant....
The proverbial cat is out of the bag.....the OP I'm sure has retained an attorney.....the Dealer's insurance company is involved.....and moreover the Court of Public Opinion has already come to a verdict.
Thing is that the opinions of a small number of enthouasiasts won't really matter to the dealership. They are just ripples on a small pond.
The volume of cars sold aren't that significant and not many of the people on this messageboard are the type to pay over the odds for the first examples of a new model.

However... when the ripples reach a much larger pond it will start to have a massive impact. The longer this story is out there without a resolution the bigger the chance that a consumer watchdog picking up on it, a local newspaper running an article or someone higher up in BMWNA taking notice. This story likely won't be the trigger however could be a nice cover-up for an ulterior motive such as a politican wanting to boost "buy American", local newspaper owner having a grudge to settle or BMWNA getting the order to thin out the dealer network. One of the other local BMW dealers of course wouldn't mind getting rid of a competitor either...

Either way, once the regular customers take notice of the story it will quickly reach a stage where damage control won't be possible anymore.

Very odd that the dealer could save the situation quite easily at next to zero cost by choosing to buy the car and fight it out with their own insurance whilst giving the OP a new car at invoice cost.
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post #606 of 1905 Old 9th September 2010, 07:52 PM
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post #607 of 1905 Old 9th September 2010, 08:24 PM
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Quote:
Originally Posted by kees View Post
Thing is that the opinions of a small number of enthouasiasts won't really matter to the dealership. They are just ripples on a small pond.
The volume of cars sold aren't that significant and not many of the people on this messageboard are the type to pay over the odds for the first examples of a new model.

However... when the ripples reach a much larger pond it will start to have a massive impact. The longer this story is out there without a resolution the bigger the chance that a consumer watchdog picking up on it, a local newspaper running an article or someone higher up in BMWNA taking notice. This story likely won't be the trigger however could be a nice cover-up for an ulterior motive such as a politican wanting to boost "buy American", local newspaper owner having a grudge to settle or BMWNA getting the order to thin out the dealer network. One of the other local BMW dealers of course wouldn't mind getting rid of a competitor either...

Either way, once the regular customers take notice of the story it will quickly reach a stage where damage control won't be possible anymore.

Very odd that the dealer could save the situation quite easily at next to zero cost by choosing to buy the car and fight it out with their own insurance whilst giving the OP a new car at invoice cost.
Kees perhaps I did not express myself correctly....
the dealer in question has dropped the ball LOOONG AGO!.....and whether 150,000 or 350,000 views are logged it will change nothing.
As I stated I would be willing to bet most anything that no one who has read about this situation will consider using this dealer....SO the more views...the longer it drags....will not help the dealer nor the OP at this point.....it is best for both parties to resolve this as quickly as possible.
and I don't think this will bankrupt the dealer....people have short memories....I'm sure it will sting him very badly and force him to try and do some spin damage control for the general public that picks up on this but in the end....only time will really tell.

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post #608 of 1905 Old 9th September 2010, 08:29 PM
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Quote:
Originally Posted by Notens View Post
I think that it would be wrong to underestimate the power of an apology along with a visible change in policy.

From an HBR blog:

"In a study of medical malpractice lawsuits, the top five reasons people gave for initiating the lawsuit were:
  1. So that it would not happen to anyone else
  2. I wanted an explanation
  3. I wanted the doctors to realize what they had done
  4. To get an admission of negligence
  5. So that the doctor would know how I felt
And the number one thing the doctor or hospital could have done to prevent the lawsuit? An explanation and apology.

When the University of Michigan Health System experimented with full disclosure, existing claims and lawsuits dropped from 262 in 2001 to 83 in 2007."

Source: I Want You to Apologize - Peter Bregman - Harvard Business Review

The truth is that reasonable people understand that mistakes will be made. The dealer can still come forward, do the right thing, and get back on a path to regaining their credibility. (I certainly have opinions on what that path would be) Without that apology, however, it is going to be extremely difficult for them to undo the damage both to them and to BMW. Certainly the neglect from the latter is causing a lot of damage to their own brand - it is definitely coloring my opinion.
with all due respect.....I think people lied a bit...LOL....monetary compensation was never mentioned???..or moreover NEVER thought of in their minds???
Fact is the vast majority of people who sue do so for compensation for some sort of loss....some also want to pile on punitive damages to "teach a lesson"....we have become a litigious society......
what I would LOVE to see in this has NOTHING to do with the dealer per se.....I would NEED to see BMW NA step up and help the OP and come down on the dealer in question.....

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post #609 of 1905 Old 9th September 2010, 08:39 PM
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Quote:
Originally Posted by MCarRacr07 View Post
quite frankly IMHO at this point this board and all the other internet forums carrying this story are irrelevant....
The proverbial cat is out of the bag.....the OP I'm sure has retained an attorney.....the Dealer's insurance company is involved.....and moreover the Court of Public Opinion has already come to a verdict.
Riddle me this: Would anyone here EVER use the dealer in question EVEN if they have a revelation and just give the OP a "like" M5??
I think not....things have really progressed too far.
All the Best to the OP
S
I can honestly say that I would absolutely use this dealer if they had owned up to their mistake immediately and were in the process of satisfying their customer.

Everyone instinctively knows what is the right thing here: the dealer significantly damaged this car while entrusted with it, and should be trying to fix their error. People sense the injustice in this especially, because a dealer is in the car business and has resources available to them far beyond someone else that might have had access to the car (like an oil change shop or something). There's lots of things they could be doing to make this right. But they have decided to try as hard as possible to sidestep and minimize their responsibility here. It's that minimization -- trying to do the least possible unless forced by law that would make me avoid this dealer like the plague.

They fired the employee it sounds like. If they had owned up to their responsibility and were working with the OP to make things right and keep him satisfied, I would absolutely use them in the future. It would probably make me want to use them more than others because I would have confidence in them in case something went wrong.
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post #610 of 1905 Old 9th September 2010, 09:01 PM
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Quote:
Originally Posted by Amok View Post
I can honestly say that I would absolutely use this dealer if they had owned up to their mistake immediately and were in the process of satisfying their customer.

Everyone instinctively knows what is the right thing here: the dealer significantly damaged this car while entrusted with it, and should be trying to fix their error. People sense the injustice in this especially, because a dealer is in the car business and has resources available to them far beyond someone else that might have had access to the car (like an oil change shop or something). There's lots of things they could be doing to make this right. But they have decided to try as hard as possible to sidestep and minimize their responsibility here. It's that minimization -- trying to do the least possible unless forced by law that would make me avoid this dealer like the plague.

They fired the employee it sounds like. If they had owned up to their responsibility and were working with the OP to make things right and keep him satisfied, I would absolutely use them in the future. It would probably make me want to use them more than others because I would have confidence in them in case something went wrong.
using your own words...."if they owned up".....would you use them now???...doubt it

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