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Arbitration and BMW



 
 
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  #1  
Old May 10th 05, 04:30 PM
Glen
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Default 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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  #2  
Old May 10th 05, 08:12 PM
zerouali
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Posts: n/a
Default

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.

"Glen" > wrote in message
...
> 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.
>



  #3  
Old May 10th 05, 09:27 PM
Don
external usenet poster
 
Posts: n/a
Default

Glen wrote:

> 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


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.
  #4  
Old May 10th 05, 11:02 PM
marlinspike
external usenet poster
 
Posts: n/a
Default

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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