Originally Posted by brocklanders
bmw is going to pay 50%, not sure if i should be happy with that or fight to have them cover it.
So I would push back on BMW. If the statement from them is the clutch plate on the pressure plate side is destroyed and not on the flywheel plate side, then it sounds like to me something in the pressure plate, throwout bearing, or clutch actuation hardware failed. There is no way a one-time event of a hard acceleration from a rolling start would cause that much damage. Either the clutch has been really abused to show that much wear in only 10,000 miles (but both the flywheel and pressure plates sides of the clutch plate would show damage), or there is something wrong with the clutch actuation mechanism, which includes the master cylinder, slave cylinder and pressure plate. The flywheel would show damage if the engine were trying to power the transmission to the point the clutch disk was slipping on the flywheel plate, but if the clutch disk is not damaged on that side then how much abuse could there have been? It sounds like to me the clutch was never being fully released for the past 10,000 miles, which indicates the car came out of the factory with either faulty parts, or an improperly bled hydraulic system.
Also, if there was that much abuse on the clutch to destroy it in 10,000 miles, then the rest of the drivetrain would show abuse as well. Ask BMW to show you where the halfshafts show abuse, or a leaking rear trans seal, or a cracked guibo (driveshaft vibration dampener), or a noisey differential, etc. Is the car still on the original set of tires? If it is then there is no way the clutch was abused. If they try to say the rear tires are new then have them look at the date codes on the sidewalls. If the tires are originals the date codes will all be close in number.
Just my 2 cents.