• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

BMW refusing warranty work...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

alanc425

Junior Member
Good evening everyone,

I have a 09 BMW 335, a car that is notorious for having many failed Fuel pump problems. There are thousands of cases with fuel pump problems and BMW even issued a recall on 2007 models. Today my fuel pump failed, the car stalled out on the highway and was forced to tow it to a dealership. I received a call back saying they did a "test" and that this repair would not be covered as the ethanol content in my gas was 15%, above the accepted 10%. I know all gas in New york state contains at least 10%, and I used shell gas which is recommended and endorsed by BMW. I also have the saved receipts from the said gas station.

I felt that this was outrageous as this is a known problem. How was I to know the ethanol content of gas, the pump said 10%, am I to carry around a test kit every time I go fill up? I have read that the test done by the BMW tech are very crude and not at all accurate, with some being as high as 30-40%. Should I contest BMW on that basis, or perhaps request testing done by a 3d party? Some have said to pay up and go after the gas station, I feel this would be hard to prove and would likely be a dead end. Any advice on a course of action would be greatly appreciated.
 


You Are Guilty

Senior Member
My guess is that in reality, the gas station's ethanol percentage is going to be a lot closer to the correct one than the BMW dealer's. If that is correct, your gripe is with the dealer.

Incidentally, is there anything in the owner's manual about using gas with more than 10% ethanol?
 

cosine

Senior Member
I felt that this was outrageous as this is a known problem. How was I to know the ethanol content of gas, the pump said 10%, am I to carry around a test kit every time I go fill up? I have read that the test done by the BMW tech are very crude and not at all accurate, with some being as high as 30-40%. Should I contest BMW on that basis, or perhaps request testing done by a 3d party? Some have said to pay up and go after the gas station, I feel this would be hard to prove and would likely be a dead end. Any advice on a course of action would be greatly appreciated.
Right or wrong, BMW is effectively pointing the finger at the gas seller or supplier for higher ethanol content than labeled, or if the label permits higher amounts, at you for lack of due diligence in reading the labeling.

Yes, get the 3rd party testing. Get the assertion from the BMW dealer about 15% and take that up with the gas company, if for nothing else than to get their assertion that the gas is fine at 10%. Then sue who you think is wrong after you get the 3rd party test back.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top