Arbitration and BMW

Gents
Most car manufacture in the US have some form of Arbitration according to Better Business Bureau. BMW does not subscribe to BBB arbitration process in
most states. so if you disagree with a non warranty claim your only recourse is to hire an attorney and an expert witness. usually the cost to do this far exceeds the repair cost so you are basically at the mercies of BMW. something to think about next time your in the dealership about to spend 40k+ on that new car from BMW.
So it seems to me a quality company would have some form of Arbitration?
Glen
Arbitration is an informal process. A hearing is held at which the consumer and manufacturer's representative present their views of a dispute to a neutral third party, the arbitrator, who will decide how the dispute will be resolved. What are the legal ramifications of the arbitrator's decision? In BBB AUTO LINE, once the arbitrator renders a decision, the consumer has the option to accept or reject the decision. If the consumer accepts the decision, the manufacturer is legally bound to abide by the decision. By accepting the decision, the consumer gives up the right to sue the manufacturer in court on any claim that was resolved at the arbitration hearing, unless the manufacturer fails to perform according to the arbitrator's decision, or unless otherwise provided by state or federal law. If the consumer rejects the decision, the manufacturer is not obligated to perform any part of the decision. In that case, the consumer may pursue other legal remedies under state or federal law, and the Better Business Bureau's involvement in the case ends.
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BMW, in Europe at least, have their own goodwill scheme to cover unusual faults or disputed repair requirements with customers cars. If you're not happy it is referred down the line for consideration. This is more than most manufacturers offer and I'd have thought there would be something similar in the US.
There is either something about your case you're not telling us, or there something that your dealer hasn't explained properly or not told you. Drivers in the UK have had failed engines replaced even when they are out of warranty because they have full dealer service history. For your repair to be denied under warranty BMW must have a pretty good reason. I'd suggest making an appointment to see your dealership manager again.

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Glen wrote:

Since apparently you've decided that BMW isn't a "quality company" - exactly what do you expect this newsgroup to do?
You (or someone else driving the car) almost certainly over-revved the engine. If you press the issue with BMW I'm certain they can produce proof that you did, I believe it even records the time/date.
Given that proof - they will claim operator error, which they are not responsible for.
Your best bet - and it is a long-shot - is to contact BMW-NA directly and stop futzing around with the dealer. BMW-NA normally relies on the dealer personnel to provide them with the decisions on warranty issues. If the dealer sees obvious signs of abuse (which an indication of over-rev would be) - I believe they are allowed to deny warranty coverage.
What you want to do is escalate it out of the hands of the local dealer and approach BMW from a customer-relations point of view. You have to make it more desirable to keep you happy than allow you to be unhappy. Just as a WAG - posting to newsgroups about your unhappiness isn't the way to go about this (yes - they do sometimes monitor forums and newsgroups..)
Of course if you could prove that someone else did the over-rev (like a parking valet) - you have a case to pursue against a 3rd party.
To address your final query as to why the dealer can't explain this to you - I think you have to take this up with the dealer. Certainly no one in this newsgroup is qualified to determine why a dealer interacts with a customer in a certain manner.
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You make it sound like BMW is skirting responsibility. When I my dad had a problem with his 540, I posted about it on a newsgroup (not this one, another one, but I won't say because the guy is an unlisted member of the group), I got an e-mail from BMW NA saying to call them and they'll have it fixed right away.
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