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Hi all,
This is a very long story that is currently 2 months in the making with still no resolution, but I want to ask about an angle I have not tried yet. (I have tried going back to the independent dealer, tried getting good will from bmw, tried with my third party warranty company, currently trying with credit card company under section 75).
I will just give you the bare minimum here though to avoid losing the point.
I purchased a car (BMW 335I, 2009) from a small independent dealer (Not a BMW dealer) on the 10th of April. It came with both a full BMW main dealer service history and had just been serviced, at a main dealer (Williams), 5 days before I purchased it, on the 5th of April. During that service it had its oil and filter changed.
Less than 1 week later, the car very suddenly started making a very loud knocking noise. I took it to a local BMW aftersales centre on the 17th of April (Barons) who investigated and found that the injectors had leaked fuel into the oil, destroying the oils ability to lubricate the engine which made an internal bearing break apart, spreading metal through the engine, completely destroying it and both the turbos. Note here, the specific words used in the report I received: "Drained engine oil and found oil very thin and smells of fuel ".
The cost to repair: £22,000.
I tried first to go through BMW for a good will contribution but they denied it due to age of car + third party warranty on the car. They had me call the servicing dealer and I was told (paraphrasing here) "it sounds like a sudden failure with the injector where it gets stuck open" and that they had not noticed any issues with the car to do with the engine / oil / fuel system. Then I tried to go through the third party warranty company, who after 7 weeks of investigations and an independent test of the fuel injectors, denied my claim. They said their tests prove that the injectors suffered a gradual deterioration and thus, was wear and tear and not covered by my policy.
Now, the question is:
Would I have a claim against the servicing dealer? The injectors certainly would have already been leaking at the point at which the vehicle went in for the oil change, according to the warranty companys investigation.
Is it unreasonable to expect a trained professional who will likely carry out tens of oil changes a week to have noticed that the oil was "very thin and smells of fuel" as he drained the oil? I point out again, that the investigating dealer told me in writing: "Drained engine oil and found oil very thin and smells of fuel".
So now I have evidence that the problem did exist at the time of the service and also evidence of it being something that should have been noticed, because the investigating dealer did.
Fuel in oil is a strong warning that something is very badly wrong, the failure of the servicing dealer to notice / take action has lead to the complete destruction of the engine + turbos when at that point, it could have been saved. It is worth noting that the "spun bearing" is an immediate failure and is not something that would have been damaged over time. It either has a thin film of oil lubricating it for correct operation or it is torn apart immediately by the motion of the crankshaft / connecting rod. Thus, if the servicing dealer had recommended an injector change, the engine and both turbos would have been saved.
Thank you for any advice.
This is a very long story that is currently 2 months in the making with still no resolution, but I want to ask about an angle I have not tried yet. (I have tried going back to the independent dealer, tried getting good will from bmw, tried with my third party warranty company, currently trying with credit card company under section 75).
I will just give you the bare minimum here though to avoid losing the point.
I purchased a car (BMW 335I, 2009) from a small independent dealer (Not a BMW dealer) on the 10th of April. It came with both a full BMW main dealer service history and had just been serviced, at a main dealer (Williams), 5 days before I purchased it, on the 5th of April. During that service it had its oil and filter changed.
Less than 1 week later, the car very suddenly started making a very loud knocking noise. I took it to a local BMW aftersales centre on the 17th of April (Barons) who investigated and found that the injectors had leaked fuel into the oil, destroying the oils ability to lubricate the engine which made an internal bearing break apart, spreading metal through the engine, completely destroying it and both the turbos. Note here, the specific words used in the report I received: "Drained engine oil and found oil very thin and smells of fuel ".
The cost to repair: £22,000.
I tried first to go through BMW for a good will contribution but they denied it due to age of car + third party warranty on the car. They had me call the servicing dealer and I was told (paraphrasing here) "it sounds like a sudden failure with the injector where it gets stuck open" and that they had not noticed any issues with the car to do with the engine / oil / fuel system. Then I tried to go through the third party warranty company, who after 7 weeks of investigations and an independent test of the fuel injectors, denied my claim. They said their tests prove that the injectors suffered a gradual deterioration and thus, was wear and tear and not covered by my policy.
Now, the question is:
Would I have a claim against the servicing dealer? The injectors certainly would have already been leaking at the point at which the vehicle went in for the oil change, according to the warranty companys investigation.
Is it unreasonable to expect a trained professional who will likely carry out tens of oil changes a week to have noticed that the oil was "very thin and smells of fuel" as he drained the oil? I point out again, that the investigating dealer told me in writing: "Drained engine oil and found oil very thin and smells of fuel".
So now I have evidence that the problem did exist at the time of the service and also evidence of it being something that should have been noticed, because the investigating dealer did.
Fuel in oil is a strong warning that something is very badly wrong, the failure of the servicing dealer to notice / take action has lead to the complete destruction of the engine + turbos when at that point, it could have been saved. It is worth noting that the "spun bearing" is an immediate failure and is not something that would have been damaged over time. It either has a thin film of oil lubricating it for correct operation or it is torn apart immediately by the motion of the crankshaft / connecting rod. Thus, if the servicing dealer had recommended an injector change, the engine and both turbos would have been saved.
Thank you for any advice.
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