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Originally Posted by pbonsalb
You may have to hire a lawyer and the exhaust shop or another as an expert witness to overcome BMW’s denial. In the discovery phase of the litigation, BMW will have to disclose their basis for denial — the 4 values.
BMW will point to the intake and exhaust, which are definitely aftermarket parts. Supposedly, intakes allow more air in and exhausts allow more air out. All the data I have seen on the internet suggests that neither add any power on these cars, at least at anywhere near stock power levels. BMW sells other exhausts so they likely won’t get anywhere claiming it caused the problem. They don’t sell any intakes, though.
If you owned the car from new and it was never tuned or piggybacked, you probably have a reasonable case that is worth investing the legal fees to support, especially since paying out of pocket for a motor is a expensive. Hope the insurance claim works so you don’t have to go through the hassle, but they will be investigating also and the dealer that said it might be water damage may say they think it was tuned.
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Quote:
Originally Posted by pbonsalb
While it is true BMW has the burden of proof, they also have denied a warranty claim. You can sit there for 5 years and tell them they have the burden of proof, but that probably won’t help you much. What are you going to do when they don’t respond — and it looks like they are not responding? To force BMW to respond, you may have to file suit. Then they will have to sustain their burden.
Certainly try lesser things first. Contact BMW corporate. Start a social media campaign that makes BMW look bad. Hire a lawyer to write BMW a threatening letter — most lawyers ask the other side to do the right thing and file suit only as a last resort.
Send Res Ipsa a PM. He says he is a consumer protection law expert. One advantage of consumer protection claims is you can get legal fees and multiple damages. Legal fees are normally a big deterrent to litigating since they can end up being as much as the value of the case in a small case. I am a retired lawyer now, and litigated only a few cases that included consumer protection claims. There may be something there that would support a count alleging violation of consumer protection law.
I have read of a few intrepid individuals filing small claims actions themselves against BMW. One guy filed a claim for rod bearing damage in an S65 (E9x M3). He brought his mechanic to the hearing. He won … BMW did not show up. I don’t know the small claim limits in your state. In some states they are pretty low, like $10k, which would not cover the damage here. $25k might cover a used motor plus installation. [...]
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I agree with everything stated here by the Counselor, who has highlighted some very valid points.
OP, I am so sorry you’re going through this. I’d be happy to speak with you. PM me.