Shop tech wrecks my car on joyride!!!
#31
08-02-2006, 05:06 PM
... all good thoughts guys. I was with Paul when this all happened and could not believe the way he was treated! mistakes WILL happen and what seperates the men from the boys is what you do about it. I know that I would have done it differently if I was the Boss. Just a SHAME what happened to that car... it WAS perfect!
#33
08-10-2006, 11:25 PM
Join Date: May 2006
Location: Seattle
Posts: 10
Rep Power: 0 
There are many more components to the story that I won't go into just yet. One thing I am aware of is that there is no legal presumption that just because they have repaired my car and covered any rental car expenses we are even. I have not waived any legal rights by allowing them to do this. They have no legal compulsion to purchase my car, and if they did, if would be very difficult to settle on price, considering I could not purchase my own car back, let alone mods, tax, etc. for what they were wiling to offer me.
What they are compelled to do is put me back into the same position I was in prior to them crashing my car (repairs, reimbursement of expenses, DV), plus, perhaps treble damages for the first $10,000 should I pursue a Consumer Protection Act violation (see earlier this thread). These can come all at once or one at a time.
My duty is to mitigate my loss as a consumer. In other words, I cannot simply sit on the fence with a rental car for 6 months, waiting for them to make me my perfect offer, while racking up expenses...that shows bad faith.
As the car is now in the best possible hands for repair and the dealership is paying the bill, plus has put me in a car, the process is moving, but we're not anywhere near the end just yet.
What they are compelled to do is put me back into the same position I was in prior to them crashing my car (repairs, reimbursement of expenses, DV), plus, perhaps treble damages for the first $10,000 should I pursue a Consumer Protection Act violation (see earlier this thread). These can come all at once or one at a time.
My duty is to mitigate my loss as a consumer. In other words, I cannot simply sit on the fence with a rental car for 6 months, waiting for them to make me my perfect offer, while racking up expenses...that shows bad faith.
As the car is now in the best possible hands for repair and the dealership is paying the bill, plus has put me in a car, the process is moving, but we're not anywhere near the end just yet.
#34
08-10-2006, 11:27 PM
Originally Posted by M3Paul-E
There are many more components to the story that I won't go into just yet. One thing I am aware of is that there is no legal presumption that just because they have repaired my car and covered any rental car expenses we are even. I have not waived any legal rights by allowing them to do this. They have no legal compulsion to purchase my car, and if they did, if would be very difficult to settle on price, considering I could not purchase my own car back, let alone mods, tax, etc. for what they were wiling to offer me.
What they are compelled to do is put me back into the same position I was in prior to them crashing my car (repairs, reimbursement of expenses, DV), plus, perhaps treble damages for the first $10,000 should I pursue a Consumer Protection Act violation (see earlier this thread). These can come all at once or one at a time.
My duty is to mitigate my loss as a consumer. In other words, I cannot simply sit on the fence with a rental car for 6 months, waiting for them to make me my perfect offer, while racking up expenses...that shows bad faith.
As the car is now in the best possible hands for repair and the dealership is paying the bill, plus has put me in a car, the process is moving, but we're not anywhere near the end just yet.
What they are compelled to do is put me back into the same position I was in prior to them crashing my car (repairs, reimbursement of expenses, DV), plus, perhaps treble damages for the first $10,000 should I pursue a Consumer Protection Act violation (see earlier this thread). These can come all at once or one at a time.
My duty is to mitigate my loss as a consumer. In other words, I cannot simply sit on the fence with a rental car for 6 months, waiting for them to make me my perfect offer, while racking up expenses...that shows bad faith.
As the car is now in the best possible hands for repair and the dealership is paying the bill, plus has put me in a car, the process is moving, but we're not anywhere near the end just yet.
#35
08-15-2006, 03:41 PM
Originally Posted by iLLM3
Do not get suckered intot hem fixing your car and you being happy, i know i wouldnt!
#36
08-19-2006, 03:29 PM
That is soooo wrong!
I know the wait time and the hassle will be inconveient but you gotta force them to make it right. Try not to settle. I think this is definitely a situation where you would get sympathy from a judge if it goes that far. Good luck and sorry to hear about your situation.
I know the wait time and the hassle will be inconveient but you gotta force them to make it right. Try not to settle. I think this is definitely a situation where you would get sympathy from a judge if it goes that far. Good luck and sorry to hear about your situation.
#38
08-21-2006, 03:54 AM
Originally Posted by M3Paul-E
They have no legal compulsion to purchase my car, and if they did, if would be very difficult to settle on price, considering I could not purchase my own car back, let alone mods, tax, etc. for what they were wiling to offer me.
#39
09-05-2006, 03:03 PM
Join Date: May 2006
Location: Seattle
Posts: 10
Rep Power: 0
Update...
OK, I got my car back last week from a very respectable repair shop. They did a great job fixing the car with a total bill of over $16,500, which the dealership paid. The dealership also paid for my car rental and, when necessary, gave me a loaner off their lot.
I immediately had a DV report completed on the car, which will be available for me in about 2-3 days. Initial estimates are over $10K. I will present this to the dealership, along with other reasonable expenses that have been incurred, and see what their reaction is. Based on that this whole episode will either be over or will escalate to a formal suit for increasing damages and a full-blown Consumer Protection Act violation - seeking treble damages, plus all attorney's fees, which is allowable under the Act. This whole escapade could, if I prevail, cost this BMW dealership tens of thousands of dollars.
Hopefully, they will solicit good advice from their attorney and settle this reasonably, as my attorney is simply waiting to get started with them. I think I've been extremely patient thus far, as I basically lost a whole summer with my car (you gotta take what you can get, weather-wise, in Washington).
I'll keep you updated as things develop. Oh, BTW, the GM of the dealership says he is reading these threads and thinks you are all giving me terrible advice and totally wrong!!!
#41
09-05-2006, 06:01 PM
Originally Posted by turbo187
is right, and i wouldnt be happy if i were them because they know that alot of us know what we are talking about, and they realize what could happen! 
#42
09-05-2006, 10:00 PM
Registered User
Join Date: Sep 2004
Location: Murrieta, Southern California
Age: 38
Posts: 1,489
Rep Power: 79
Hi GM of dealership-
Just to let you know, 99% of people wouldn't have been as considerate as Paul has been. Consider yourself lucky this did not happen to my car!!!
Just to let you know, 99% of people wouldn't have been as considerate as Paul has been. Consider yourself lucky this did not happen to my car!!!
#43
09-05-2006, 11:53 PM
Originally Posted by Diddy
Hi GM of dealership-
Just to let you know, 99% of people wouldn't have been as considerate as Paul has been. Consider yourself lucky this did not happen to my car!!!
Just to let you know, 99% of people wouldn't have been as considerate as Paul has been. Consider yourself lucky this did not happen to my car!!!
#45
09-06-2006, 03:22 AM
Registered User
Join Date: Aug 2006
Location: Wendell, NC
Age: 38
Posts: 71
Rep Power: 20
+3 here... you should have called BMWNA and made a formal complaint and told them that you had already contacted a lawyer and you are going to sue the dealer and possibly BMWNA for the damage... i hear that BMW and Honda are the easiest car companies to deal with when you get a lawyer involved bc they just want the customer to be happy...