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BMW 3-Series (E90 E92) Forum > E90 / E92 / E93 3-series Powertrain and Drivetrain Discussions > N54 Turbo Engine / Drivetrain / Exhaust Modifications - 335i > n54 engine blown... any lawyers?



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      08-17-2011, 12:48 PM   #1
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n54 engine blown... any lawyers?

I've been on the forums a while but never really posted. I don't know where else to post but I know there's a lot of traffic here.

My engine just went kaboom. It sucked but since I was still under warranty I thought everything would be okay. However BMW is denying my warranty but they wont tear down the engine to determine the cause of failure. Is anyone on here a lawyer or someone who can help me out? I think I have a pretty solid case and may need to resort to suing bmw. Any help would be greatly appreciated. The case would be probably be worth more than 30k in damages/tear down costs/lawyer fees and so on.
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      08-17-2011, 12:49 PM   #2
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were you modded in anyway whatsoever?
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      08-17-2011, 12:50 PM   #3
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were you modded at all?
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      08-17-2011, 12:51 PM   #4
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how long did you have the JB installed for?






wait what??



before the lynch mob comes out....i was kidding!
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      08-17-2011, 12:52 PM   #5
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Quote:
Originally Posted by AU335i View Post
were you modded at all?
Only suspension mods, and cosmetics. I was waiting for after warranty to expire to venture into engine mods. I do drive the car hard however.
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      08-17-2011, 12:52 PM   #6
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Quote:
Originally Posted by AU335i View Post
were you modded at all?
Seems unlikely given the name under which he posts

Neil
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      08-17-2011, 12:53 PM   #7
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how did this happen?
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      08-17-2011, 12:54 PM   #8
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Quote:
Originally Posted by modMonkey View Post
Only suspension mods, and cosmetics. I was waiting for after warranty to expire to venture into engine mods. I do drive the car hard however.
Your dealer is rejecting your claim or BMW NA?
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      08-17-2011, 12:54 PM   #9
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Quote:
Originally Posted by MDORPHN View Post
Seems unlikely given the name under which he posts

Neil
you mean... monkey see monkey do = kaboom?
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      08-17-2011, 12:54 PM   #10
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Quote:
Originally Posted by modMonkey View Post
Only suspension mods, and cosmetics. I was waiting for after warranty to expire to venture into engine mods. I do drive the car hard however.
with only those mods...i'm baffled as to how they could deny a warranty claim. is there something i don't know about suspension mods that could cause an engine failure??

sorry to hear op...hopefully someone can chime in with some helpful input.
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      08-17-2011, 12:56 PM   #11
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If BMW NA is denying a warranty claim, they must provide reasons for such.
I wouldnt think they can just deny a claim based on a hunch that the car was modded at some point.
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      08-17-2011, 12:56 PM   #12
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Quote:
Originally Posted by modMonkey View Post
Only suspension mods, and cosmetics. I was waiting for after warranty to expire to venture into engine mods. I do drive the car hard however.
apparently too hard? lol but i mean if you weren't modded ( or at least they can't show you proof that you were modded ) than yeah i would say you definitely have a case... either way, good luck! I had this happen to me in my old car but luckily things worked out due to some luck!
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      08-17-2011, 12:57 PM   #13
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If he is smart he isn't going to tell you all about a bunch of engine mods when he is trying to get a blown engine fixed.

BMW can't deny warranty without reason, so they must be telling you why - is it because of a previous owners history or are they saying it was modded? They technically have to prove that the issue was caused because of a mod before they can deny warranty, not based on a generalization, but you will definitely need to bring a lawyer to the fight by the sounds of it.
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      08-17-2011, 01:02 PM   #14
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Seems to be more to this story.
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      08-17-2011, 01:03 PM   #15
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^ Oil starvation: I've heard about on this platform during those High G corners.
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      08-17-2011, 01:04 PM   #16
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Wow. If you truly were shocked then I'm scared.
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      08-17-2011, 01:12 PM   #17
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any lawyers out there or someone who knows one with experience and maybe willing to take up this case?
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      08-17-2011, 01:14 PM   #18
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Quote:
Originally Posted by modMonkey View Post
There's a hole through clynder 1. You can see the piston through the bottom end.

The issue is the car is at 49k mi. They have claimed an over rev around 30k mi on the car and want to deny the warranty based on that. thus BMW NA is rejecting warranty.
So BMW stance is that it takes 19k miles for an Over Rev to do that kind of damage, that both the turbo's and engine blow?

Was it one or multiple over rev's? I take it you've owned the car since new? It's not pre-owned?
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      08-17-2011, 01:17 PM   #19
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Quote:
Originally Posted by modMonkey View Post
There's a hole through clynder 1. You can see the piston through the bottom end.

The issue is the car is at 49k mi. They have claimed an over rev around 30k mi on the car and want to deny the warranty based on that. thus BMW NA is rejecting warranty. BMW dealer cant do anything because they get reinbursed by BMWNA. However, the damage to the engine does not seem to be caused by over rev. The damage involves lots of metal shavings in the oil, and the turbos seem to be destroyed too. The actual failure was during a long high G turn under 80% throttle, 4100 rpm, and no shifting. It looks more likely that the turbos died or the oil pump died or oil starvation.
So you were tracking the car when it happened?
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      08-17-2011, 01:19 PM   #20
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Quote:
Originally Posted by KG3356MT View Post
Wow. If you truly were shocked then I'm scared.
I meant to say stock lol.
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      08-17-2011, 01:21 PM   #21
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Which turn was this at Laguna Seca?
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      08-17-2011, 01:22 PM   #22
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They have yet to provide me with information on the time stamps on the over rev and claim there are multiple. The greatest being back at 30k mi. It was on a track but BMW warranty statements do no exclude the track from coverage. It also states that for damage not to be covered by warranty due to over rev, the damage must be caused by it. I don't think turbos can blow due to over rev, nor will you find a profuse amount of metal shavings in the oil. I want to check the retainers and valves for damage but I'm fairly confident that they will be fine.
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