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  1. #1
    fairchildb52 is offline Junior Member
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    Unhappy car dealership misdiagnosed problem

    What is the name of your state? ohio

    My 2000 bmw was having problems shifting to where it would go into its safe mode and the check engine light would come on. I took my car to a bmw dealership and the diagnosed the code it was getting, they told me they didn't have any tech bulletons on this code. So they checked the transmission fluid and suggested reprogramming the computer otherwise they suggested replacing the whole transmission. Well I let them reprogram the computer and it seemed to fixed it. They told me again that if it didn't fix it or it came back, it would have to be replaced because bmw does no rebuild transmisssions. Well it fixed it for a about 2 months and then the same problem came back. I called them and told them and they said again the transmission needs replaced. Well I was having problems with my power steering also, so I took my car to a different bmw dealer and had them diagnose the transmission also and told them the situation. They found that there is a recall on that same code that my car has. It says for that code that 1.) It will be fixed for free if the car is under warranty ( my car is not so no big deal there) 2.) It says if transmission fluid is good replace a certain part. 3.) It says if transmission fluid is burnt then the entire transmission has to be replaced. Now my problem is if the first dealership would of found this bulleton then I would of only had to replace one part bvut now I do need a new transmission. On the first dealerships bill, it does state the code and that my transmission fluid and fell were good. My question is, are they liable for not diagnosing it correctly the first time since there has been a recall for that code and they should of found it and told me then i could of replaced that part instead of paying $200 dollars to have the computer reprogrammed and then let my fluid go bad. Do I have a case? Is this a small claims case? Would a letter from a lawyer possibly be enough? Thank you
  2. #2
    Ohreallynow? is offline Member
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    [url]http://www.internetautoguide.com/auto-recalls/67-int/2000/bmw/x5/base/index.html[/url]

    Was this the problem?


    Or [url]http://www.autobuyguide.com/2000/12-aut/bmw/x5/recalls/index.html[/url]

    Both are the first recalls listed.

    Some small claims judges require resonable research.
    Last edited by Ohreallynow?; 03-07-2006 at 11:20 AM.
  3. #3
    fairchildb52 is offline Junior Member
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    The problem was that I could be going down the road with the cruise on 55 and then randomly it would downshift into third gear and and stay there. It did not throw an code right away, and then evetually it would throw the code, the transmission light would come on which means it's in "safe mode" which means it stays in 3rd gear. Sometimes turning it on and off before it went it to official safe mode would make it shift ok otherwise it would have only 3rd gear only to take off and drive at highway speeds. The code for the transmission is 055 and was the same at both dealerships
  4. #4
    divgradcurl is offline Senior Member
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    I guess I don't see what the problem is here -- you are still under warranty, right? And this is going to be fixed under warranty, right? Then what's the problem?

    EDIT: Nevermind, misread what you wrote -- I guess the car is NOT under warranty.

    Here's the thing -- in order to prove up damages, you will need to have an expert testify that had the first BMW dealership found the problem and installed the one part, then you would not have needed a new transmission. If you can find an expert that will testify to this, then you may have a case. Misdiagnosis alone isn't sufficient -- you need to show that the misdiagnosis led to the current problem.
    Last edited by divgradcurl; 03-07-2006 at 03:21 PM.
  5. #5
    cjbrown929 is offline Member
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    BMW, without the "W"

    I'd add, for those who believe those commercials that BMW pays for touting some ethereal bavarian experience that BMW's, for the money, are pieces of crap.
  6. #6
    divgradcurl is offline Senior Member
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    Quote Originally Posted by cjbrown929
    I'd add, for those who believe those commercials that BMW pays for touting some ethereal bavarian experience that BMW's, for the money, are pieces of crap.
    Well, I must admit, I can't agree with you there. My 328is has been, by far, the cheapest car to own I've ever had. Not the cheapest to buy, and maybe not the cheapest purchase + maintenance, but certainly the cheapest to own day-to-day. Sure, parts are expensive, but I've had very little need to replace parts in over 170,000 miles. Don't know how my wife's M3 is going to fare, only have 5000 miles on it, but so far, so good. I'm not sure I would by anything BUT a BMW for my next car...

    No ethereal experience for me -- I tend to keep and drive a car until it up and dies -- but I've had nothing but praise for my Bimmers so far.
  7. #7
    cjbrown929 is offline Member
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    Quote Originally Posted by divgradcurl
    Well, I must admit, I can't agree with you there. My 328is has been, by far, the cheapest car to own I've ever had. Not the cheapest to buy, and maybe not the cheapest purchase + maintenance, but certainly the cheapest to own day-to-day. Sure, parts are expensive, but I've had very little need to replace parts in over 170,000 miles. Don't know how my wife's M3 is going to fare, only have 5000 miles on it, but so far, so good. I'm not sure I would by anything BUT a BMW for my next car...

    No ethereal experience for me -- I tend to keep and drive a car until it up and dies -- but I've had nothing but praise for my Bimmers so far.
    Kommen sie aus Deutschland? Just resurrecting some high school german.

    Look, I'm sure that there HAVE to be some percentage of BMW owners who are quite satisfied with their ride, and you are either one of them, or you work for the publicity department undercover.

    My friend who worked with me at a toyota dealership loved his black convertible 318i (read: chick magnet, even though it was a "starter" unit). Unfortunately, it also attracted noticeably higher service bills often related to hardware problems. Being a toyota salesperson, he was acutely aware of the disproportianate costs associated with owning (actually, it waas a lease) this chick magnet and found it somewhat disappointing

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