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      05-26-2016, 10:41 AM   #1
cute_lil_bmw
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Angry Unleaded run in a Diesel E70

Surely someone else has gone through this and has some advice from their experience...

I filled up with over 20 gallons at the diesel pump that I always use. Almost immediately the car started drivinghorribly then wouldn't crank right (it'd take 30sec or more to finally start after pushing the button). I drove it somewhere around 100 miles before getting it to BMW just thinking it was fuel pressure or maybe my starter. I also sat with it idling for over an hour and a half. It's hot (!) and I didn't want it to not start and be "that car" that holds up the car line. I remember 2 very, very loud bangs (like someone taking a sledgehammer to a big chunk of metal) about 60-70 miles into that tank and just assumed it was a truck or motorcycle somewhere around me.

The diagnosis is unleaded has contaminated everything. Pretty much pure unleaded at that according to the service tech's description of what the sample he pulled from my tank. My car is under full warranty though this will NOT be covered by BMW, obviously. Their protocol for this is to replace ENTIRE fuel system from filler neck to the engine and then go from there depending on what damage was done to the engine. Estimate for fuel system replacement is right at $20k.

Given the miles I drove and the idle time, hubby and I don't feel comfortable with anything less than full fuel system plus a new engine. There are just too many possibilities of things that could creep up later in time that BMW has already said they will NOT honor under the factory warranty. With right at 50k but a full warranty through 100k/2019, my concern is that I'll be stuck with a large repair that BMW will somehow attribute to this diagnosis.

First and foremost, everyone has mentioned that my car has most definitely lost value. It's not like putting a new AC or water heater in a house where people go "oh, I won't have to replace that as soon" - they see large repairs like this (as shown in CarFax) as a big red flag especially for cars that are known for expensive repairs and/or maintenance.

While the gas station has admitted the mistake and accepted liability, these are simply words right now as they haven't done anything to help. I've been without my car for 10 days and I don't see them doing anything soon.
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      05-26-2016, 11:27 AM   #2
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Quote:
Originally Posted by cute_lil_bmw
Surely someone else has gone through this and has some advice from their experience...

I filled up with over 20 gallons at the diesel pump that I always use. Almost immediately the car started drivinghorribly then wouldn't crank right (it'd take 30sec or more to finally start after pushing the button). I drove it somewhere around 100 miles before getting it to BMW just thinking it was fuel pressure or maybe my starter. I also sat with it idling for over an hour and a half. It's hot (!) and I didn't want it to not start and be "that car" that holds up the car line. I remember 2 very, very loud bangs (like someone taking a sledgehammer to a big chunk of metal) about 60-70 miles into that tank and just assumed it was a truck or motorcycle somewhere around me.

The diagnosis is unleaded has contaminated everything. Pretty much pure unleaded at that according to the service tech's description of what the sample he pulled from my tank. My car is under full warranty though this will NOT be covered by BMW, obviously. Their protocol for this is to replace ENTIRE fuel system from filler neck to the engine and then go from there depending on what damage was done to the engine. Estimate for fuel system replacement is right at $20k.

Given the miles I drove and the idle time, hubby and I don't feel comfortable with anything less than full fuel system plus a new engine. There are just too many possibilities of things that could creep up later in time that BMW has already said they will NOT honor under the factory warranty. With right at 50k but a full warranty through 100k/2019, my concern is that I'll be stuck with a large repair that BMW will somehow attribute to this diagnosis.

First and foremost, everyone has mentioned that my car has most definitely lost value. It's not like putting a new AC or water heater in a house where people go "oh, I won't have to replace that as soon" - they see large repairs like this (as shown in CarFax) as a big red flag especially for cars that are known for expensive repairs and/or maintenance.

While the gas station has admitted the mistake and accepted liability, these are simply words right now as they haven't done anything to help. I've been without my car for 10 days and I don't see them doing anything soon.
If they have accepted liability get it in writing or your up a creek!

You may have to get a lawyer involved.

But if it's their problem and they caused the fault they pay for it period.
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      05-26-2016, 11:58 AM   #3
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Quote:
Originally Posted by cute_lil_bmw View Post
Surely someone else has gone through this and has some advice from their experience...

I filled up with over 20 gallons at the diesel pump that I always use. Almost immediately the car started drivinghorribly then wouldn't crank right (it'd take 30sec or more to finally start after pushing the button). I drove it somewhere around 100 miles before getting it to BMW just thinking it was fuel pressure or maybe my starter. I also sat with it idling for over an hour and a half. It's hot (!) and I didn't want it to not start and be "that car" that holds up the car line. I remember 2 very, very loud bangs (like someone taking a sledgehammer to a big chunk of metal) about 60-70 miles into that tank and just assumed it was a truck or motorcycle somewhere around me.

The diagnosis is unleaded has contaminated everything. Pretty much pure unleaded at that according to the service tech's description of what the sample he pulled from my tank. My car is under full warranty though this will NOT be covered by BMW, obviously. Their protocol for this is to replace ENTIRE fuel system from filler neck to the engine and then go from there depending on what damage was done to the engine. Estimate for fuel system replacement is right at $20k.

Given the miles I drove and the idle time, hubby and I don't feel comfortable with anything less than full fuel system plus a new engine. There are just too many possibilities of things that could creep up later in time that BMW has already said they will NOT honor under the factory warranty. With right at 50k but a full warranty through 100k/2019, my concern is that I'll be stuck with a large repair that BMW will somehow attribute to this diagnosis.

First and foremost, everyone has mentioned that my car has most definitely lost value. It's not like putting a new AC or water heater in a house where people go "oh, I won't have to replace that as soon" - they see large repairs like this (as shown in CarFax) as a big red flag especially for cars that are known for expensive repairs and/or maintenance.

While the gas station has admitted the mistake and accepted liability, these are simply words right now as they haven't done anything to help. I've been without my car for 10 days and I don't see them doing anything soon.
That sucks! Lawyer up...
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      05-26-2016, 12:59 PM   #4
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Quote:
Originally Posted by UglyBuzzard View Post
That sucks! Lawyer up...
yep, lawyer up, if the gas station had unleaded petrol in a diesel tank/pump this repair is 100% on them.
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      05-26-2016, 06:22 PM   #5
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Gas station has admitted fault. I have it both in an email and on camera.

Attorney I spoke with said if she gets involved, I'll wind up with way less in my pocket (potentially not enough to do repairs).
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      05-26-2016, 06:43 PM   #6
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Quote:
Originally Posted by cute_lil_bmw
Gas station has admitted fault. I have it both in an email and on camera.

Attorney I spoke with said if she gets involved, I'll wind up with way less in my pocket (potentially not enough to do repairs).
Get a new lawyer

Otherwise see if the gas satiation will take care of it out of court, they have insurance to cover things.

Sometimes even the mention of a lawsuit will get them to quickly get it resolved without having to step foot into a court. Nobody likes to be in court especially if they know their in the wrong without a chance to win.
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      05-26-2016, 07:26 PM   #7
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Tough one. You at least want all of your costs fully covered to get your car back to normal, but I doubt this would show up on Carfax report.

If they have admitted fault, and you have it on camera and on email, have they seen the bill yet to get your car fixed? Surely they must be insured against these types of things. If you can get it resolved that way, then that's the cleanest way. If they drag their feet, or string you along, it's time to get a lawyer involved that will cover the cost of the repair, the time you were out of a car, the lawyer's fees, etc.
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      05-26-2016, 07:31 PM   #8
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Quote:
Originally Posted by -c- View Post
Get a new lawyer

Otherwise see if the gas satiation will take care of it out of court, they have insurance to cover things.

Sometimes even the mention of a lawsuit will get them to quickly get it resolved without having to step foot into a court. Nobody likes to be in court especially if they know their in the wrong without a chance to win.
They are self-insuring and saying "send us the quote, we'll send you a check" but saying "our distributor made the mistake" so my guess is they're going to file a claim with the distributor who will then file with their insurance. They've had a week to send a check and nothing other than "I'm done with this" when we tried to press them for it.

Hubby is worried that if we threaten legal action they'll just drag their feet even longer. The guy even told him "YOUR insurance should cover this." Um, yes, but they're admitted fault, why would we file with our insurance? Oh, because he knows they'll just total the car and they'll wind up paying less. Nope, I want what it's going to cost to restore my car to the condition it was in before THEY (Shell, Circle K, and distributor collectively) screwed up. There are at least 4 other victims that I'm aware of. Two of them also have 35d's, the other two are a GL and a Sprinter.

I have enough on my hands right now so dealing with this is just a tremendous amount of added stress.
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      05-26-2016, 11:28 PM   #9
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Quote:
Originally Posted by cute_lil_bmw
Quote:
Originally Posted by -c- View Post
Get a new lawyer

Otherwise see if the gas satiation will take care of it out of court, they have insurance to cover things.

Sometimes even the mention of a lawsuit will get them to quickly get it resolved without having to step foot into a court. Nobody likes to be in court especially if they know their in the wrong without a chance to win.
They are self-insuring and saying "send us the quote, we'll send you a check" but saying "our distributor made the mistake" so my guess is they're going to file a claim with the distributor who will then file with their insurance. They've had a week to send a check and nothing other than "I'm done with this" when we tried to press them for it.

Hubby is worried that if we threaten legal action they'll just drag their feet even longer. The guy even told him "YOUR insurance should cover this." Um, yes, but they're admitted fault, why would we file with our insurance? Oh, because he knows they'll just total the car and they'll wind up paying less. Nope, I want what it's going to cost to restore my car to the condition it was in before THEY (Shell, Circle K, and distributor collectively) screwed up. There are at least 4 other victims that I'm aware of. Two of them also have 35d's, the other two are a GL and a Sprinter.

I have enough on my hands right now so dealing with this is just a tremendous amount of added stress.
I hear you!

Totally sucks! And hope things turn around for you, seems their getting cold feet. If the distributor put unleaded in the diesel tank I can understand why they want to go through them, so after you handed them a written quote from the dealer did they get cold feet then or did you just tell them over the phone?

Just get a repair bill and take it to the station and tell them to cut the check to the dealer. You shouldn't have to wait, they can work out their repayment from their distributor but shouldn't drag you through that.

When they tell you their done with it then it's time to get the legal beagle involved. Their brushing you off as an annoyance at that point!
And showing you they are not interested in making it right.
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      05-27-2016, 01:35 AM   #10
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Why not talk to your insurance as they will go after their insurance company using their lawyers.
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      05-27-2016, 10:28 AM   #11
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Quote:
Originally Posted by socale39 View Post
Why not talk to your insurance as they will go after their insurance company using their lawyers.
That entails filing a comp claim and while I have full coverage and own the car outright, I don't want to have a comp claim on our file. We've had 3 uninsured motorist claims and 2 comp claims on our cars along with a big house (wildfire damages totaling about $100k) claim in the past 5 years. I truly worry that something of this extent could be "the one" that makes them reconsider our policies.

Will I file if I have to? Absolutely, but here I have a company admitting fault. My insurance is going to just go after them so I figured I'd leave them out until I'm left with no other choice.

As for them being done, this was after calling them and speaking with them for I forget how many times asking when they would be sending a check. The guy sounded like he just didn't understand how unleaded could possibly harm a car in this way. Mmmhmm...I'm sure they put him in Risk Management with zero understanding of that.
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      05-28-2016, 07:14 AM   #12
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If you don't want to pay a lawyer (and I agree, you'll end up with far less), you need to understand the corporate structures you are dealing with. They all have liability insurance and deep pockets to defend themselves. But, they also have a brand to protect!

Make sure you have a copy of the email where the station admitted guilt, and better yet, get a copy of the video footage (if you can't get it, your local TV station will - see 3.):

1. The offending Circle K location is likely a franchise or a corporate store. Either way, the parent company have a vested interested in seeing their brand be successful.

2. Contact the corporate parent: Circle K is owned by a Canadian company (with worldwide operations, $40B in annual sales and a proud sense of community responsibility).

3. Contact someone in management and let them know that you will be taking your story to your local TV station. Send a registered letter to Canada - http://corpo.couche-tard.com/en/our-...nagement-team/ (pick one) and a copy to the regional office for Circle K in TX. Give them a deadline, say 10 days from the posted date of your letter.

Include a copy of the estimate of repair by the BMW dealer and a properly documented Fair Market Value of your car (KBB, Edmunds, CarFax, Manheim etc.)

4. In parallel, do the same for the distributor that filled the tank. More than likely that will be a jobber and a much smaller company. Or you can leave that up to Circle K to be made whole ...

5. Talk to your insurance company. Find out what the consequences may be, if any, if you file a claim. I believe you said that the car has close to 50K mi already? The wholesale value of your car is around the mid 30's and the retail is about low 40's. You won't come out even doing this through your insurance. More than likely they will total it.

Your best bet is to get a settlement from the Corporate parent, but it will not be for more than the repair cost or perhaps the FMV (Fair Market Value) of your car ...

If it were me, I'd repair the car. The fuel has a well defined path it needs to follow in order to reach the engine. If all those components and engine are replaced, you should have no problems. If the repair is done my a BMW dealer, you should also be able to purchase and Extended Vehicle Protection (EVP) Plan. If the dealer, or BMWNA won't sell you such a plan, you should question their desire to do the repair.


Good luck.
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