Quote:
Originally Posted by JoeyBimX5din
and you know this from all your years practicing law in Texas? 
The OP's pace and handling things has been the right way to do things. A problem that happens with people is they go from 0 to 100mph, and like the OP said, it typically DOES NOT get things done. He has and continues to ecualate the trucks problem progressively. The dealer has not yet given him a reason to retain legal assistance. Emphasis on yet.
I can tell you, if the motor in the X5 goes through a warranty company, they probably will not go the route of replacing it with a new OEM one. BMW may have a say in this and push for it, but it is solely up to the insurance of the dealership the OP purchased from.
One of the dealers I worked at installed an oil cooler in a tractor (over the road) with a 15L Cummins, and high miles. The motor went a little, and then catastrophically failed. It was having internal oil temperature issues, but these were most likely caused by bearing issues. Well the motor was analyzed by Cummins engineers per the customer, and they found fault with the oil cooler install. The mounting surface of the cooler was cleaned with a wire wheel, rather then a hand scrapper (the only approved way to clean a gasket per Cummins) and they surmised that had caused the engine failure, little metal shavings from the wire wheel got in the oil and caused failure. That truck, got a used motor through insurance of the dealer I worked at. That may be a similar way this truck goes. It may turn out better and get a whole new motor, if the BMW dealer pushes for it, but I doubt they will be able to out fight the insurance company. |
I know this from all of my years knowing how to read. Codified statutes are very easy to find for those who can read (§ 2301).