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BMW Warranty, who does burden of proof fall on?
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02-15-2013, 09:29 PM | #1 |
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BMW Warranty, who does burden of proof fall on?
So earlier this week, I purchased a CPO vehicle from a dealership that is over an hour away from me. The vehicle is also still covered under the factory BMW warranty. I noticed that the headlights were aimed far too low, so I took it to my local dealership to have a look. They informed me that the ball joints for auto-leveling of the headlights have popped out of their sockets in both headlights, and that both headlights will have to be replaced. They said that they couldn't cover this under warranty because they've seen problems like this in the past where it's caused by hitting a large pothole or other depression in the road. I asked if there was evidence that that a pothole was hit, and they said no. They said that there's usually a bent rim, or a bubble in the tire to indicate such an incident, but that I had none of these. They're reasoning was that the other dealership could have fixed the rim and tire before selling the vehicle. They provided no proof that I or anyone else for that matter caused this issue, and they could not say with absolute certainty that this was not a product defect in material or workmanship.
My question is this: Can they deny my warranty coverage of the headlights without proof of causation? It seems that they're logic of "it could have been a pothole so we're not covering it" could be applied to just about anything. Without the burden of proof falling on the dealership, they could essentially decline every warranty repair request with crap like "it could have been a pothole". Am I wrong? Note: The dealership that sold me this vehicle has already replaced both headlights. I'm just seeking the opinion of others, because I feel strongly that I should escalate the questionable actions of my local BMW dealership. |
02-16-2013, 08:58 AM | #2 | |
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My lights are aimed low and I'm still under factory warranty I'm taking it in on Tuesday and I hope they try to tell me some shit like this! |
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02-16-2013, 09:07 AM | #3 |
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Wow, I would be livid, especially since you just purchased the car. I have read other posts with similar stories (regarding the broken or misaligned headlight) where the dealer fixed/replaced the necessary parts w/o hassle.
I would first try to get ahold of the service manager. If that ends up being futile, I would take the car to the next nearest dealership for service.
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02-16-2013, 09:18 AM | #4 |
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After driving all the way back to the dealership that sold me the vehicle, they took care of the problem without any fuss while I waited. I would just like to get my facts in order and determine what consumer rights I have regarding the shady practice of my local dealership. I feel it's necessary to bring to light their questionable actions, even if it means getting the state AG's office involved.
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02-16-2013, 10:38 AM | #6 | |
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Being civil, patient, and persistent are the keys to getting what you want. Pitching a fit like a toddler certainly won't convince anyone to change their minds.
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02-16-2013, 10:58 AM | #7 | |
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02-16-2013, 11:12 AM | #8 |
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First, it sucks that your local dealers an ass, but I am glad for you that the selling dealer took care of you.
For the guy complaining about the dealer making a bad car, you are an idiot, the dealer doesn't make the car they sell it and get paid from the factory to fix it. If you think they are poorly made, kick rocks cause you bought a car you think is crap.
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02-16-2013, 11:55 AM | #9 | |
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02-16-2013, 11:58 AM | #10 | |
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02-16-2013, 12:38 PM | #11 |
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The dealer is responsible for the product they sell...if they sell a car and then won't cover something under warranty blaming a pothole, they could blame anything on that. Oh your tubros blew? There was too much air around the car, and you might have hit a bump so we aren't covering it. That's ridiculous.
My point was that saying "oh the car hit a bump and broke so we won't cover it" is ridiculous. A car should be able to hit a bump and still be able to keep its headlights at a normal level. And I was being sarcastic in my first post....I've gotten my GM dealer to cover two new engines outside of warranty, so I know being nice is the best way to handle it. |
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02-16-2013, 12:45 PM | #12 |
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Steve Jobs regarding the iPhone 4's antennagate - "You're holding it wrong"
BMW regarding replacing faulty headlights- "You're driving it wrong" |
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02-16-2013, 01:51 PM | #13 | |
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02-16-2013, 02:44 PM | #14 | |
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02-16-2013, 03:11 PM | #15 |
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Go to the dealer you bought the car from. Even of its am hour. Or call them up ahead of time and tell them of the problem.
I bought my car and didn't see that the headlights were pointing down. 2 weeks after I called in and they tried to fix it and when they couldn't they just replaced the headlight. So far I like my dealership |
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02-16-2013, 03:23 PM | #16 | |
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Kicking and screaming wont help, I'm a regional manager for a top 50 company yand if someone started swearing and kicking off I just switch off, won't help and just not them on. Be patient, polite and persistent, that will get a better response! |
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02-16-2013, 03:50 PM | #17 | |
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02-16-2013, 05:22 PM | #18 |
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To me this sounds like your local dealership is punishing you for not buying from them. The reasoning for not fixing is ridiculous and you can see that the dealership where you bought was helpful. But then again, your local dealer could just plain suck all the time, hard to tell.
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02-16-2013, 05:40 PM | #19 |
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02-16-2013, 05:41 PM | #20 |
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Doesn't the dealer have to provide me a valid reason as well as evidence to support their claim for not covering my headlights, which normally would fall under the warranty?
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