Looking for specific tech info...

My 2005 R50 is a manual tranny with 120K miles
- for convenience, used a CAR-X shop to do an oil change. While there, they suggested I change the manual Transmission fluid and I agreed. They stated they knew it had 'a special type' of fluid, which they claimed to have used.
-1 month later, started hearing a strange metallic sound. Took it to my regular shop where they found the manual transmission fluid looking like silver metallic paint = full of metallic bits. Ultimately, I needed a new 5-speed transmission.
- That shop sent a sample of the extracted fluid + a new sample of BMW MTL-LF-3 (determined to be the proper fluid that should have been used) to a chemical lab for analysis. RESULT= 2 very different fluids. Thus CAR-X had used the incorrect fluid.
- CAR-X and Liberty Mutual, their insurance carrier, have determined that they are not responsible, stating there is no way to prove the wrong fluid caused the transmission failure.
- I know it could have failed, even with the proper fluid, but feel it is reasonable to believe it is the cause since there was no problem with the extracted fluid when CAR-X did the fluid change, and the issue occurred after the wrong fluid was used.
- FWIW: The car still has the original clutch, so I find it hard to believe a tranny would go before the clutch if I was driving the car hard.

** thoughts?
** does anyone have any BMW/MINI documentation on why that OEM fluid is required and what would happen if a lesser fluid was used?

Thanks in advance...

Blaine
Cincinnati, OH

 

Do you know WHAT fluid they said they used?
Not to muddy the waters...
But point out the 2005+ coopers have a getrag 5 speed...(by the same maker of the tranny in the s..failures are rare)....
NOT the troubleprone Midlands that was used UP TO THE START OF 2005 PRODUCTION......

 

Claimed to have used the same as the virgin sample sent to the chem lab = BMW MTL-LF-3

 

CAR-X showed me receipt from BMW/MINI dealer that they purchased the right stuff ... But chem lab result showed they didn't use it in my car

 

I think you'd have a heck of a time winning this case in court, especially if the shop can produce a receipt dated just prior to your service where they bought the correct /official BMW fluid. (It actually surprises me that any shop would go to this trouble - normally they use whatever generic stuff they have on hand. Which perhaps they did and the receipt is for a different car.) If I was laying odds, I'd say you're probably right and it is the shop's fault, but the burden of proof here is not "probably". And I don't think you could get a lawyer to take this case on contigency, so a lawsuit has a high risk of spending a fortune to make nothing. You could go small claims, but that's a hell of a lot of time.

You might appeal to their wanting to do the right thing - maybe they'd offer some compromise. They're a chain so they may have a escalation process to get to a zone rep. They probably would like to avoid any negative publicity, but OTOH, any repair chain is involved in disputes like this all the time, so they're not going to just cave when you say you're going to post something negative about them with Yelp or the BBB.

You win some, you lose some.

- Mark