R56 Need Legal help! MINI wrong repaired by dealer, engine broken, insurance won't cover
#26
11-26-2010, 05:54 AM
Based on my past experiences, State Farm negotiated a "less than max" repair with your MINI dealer. No matter what, your MINI dealer at some point had to agree with that, and went ahead with that "smaller" repair.
To me, the fact that your MINI dealer agreed, your MINI dealer is required to make good on their repair. In hind sight, if your MINI dealer now regrets making such an agreement, the consequences are still on them. They were paid by State Farm, on your behalf, to restore your MINI back to the condition it was at before the accident. Again, if your MINI is not, it is your MINI dealer who must now stand behind their repair.
Your warranty should still be enforce, since the repair was done by an authorized MINI dealer.
To me, the fact that your MINI dealer agreed, your MINI dealer is required to make good on their repair. In hind sight, if your MINI dealer now regrets making such an agreement, the consequences are still on them. They were paid by State Farm, on your behalf, to restore your MINI back to the condition it was at before the accident. Again, if your MINI is not, it is your MINI dealer who must now stand behind their repair.
Your warranty should still be enforce, since the repair was done by an authorized MINI dealer.
#27
11-26-2010, 09:01 AM
I have to agree with Walt. SF paid for the dealer to fix things, dealer messed up. Dealer's at fault for bad repairs. SF did their part to the car back to run right.
Let's say there was NO insurance company involved and you had to come out of pocket. You pay the dealer (or any mechanic) the money to fix it and it doesn't work months later, who do you go after? Not yourself for sure....
The dealer should have had some sort of warranty or guarantee on their workmanship, be it for a few months or a year or for so many miles, 6 month, 1 year or whatever.
I'm not totally convinced that blaming the insurance co. is going to have much result and barking up the wrong tree.
Let's say there was NO insurance company involved and you had to come out of pocket. You pay the dealer (or any mechanic) the money to fix it and it doesn't work months later, who do you go after? Not yourself for sure....
The dealer should have had some sort of warranty or guarantee on their workmanship, be it for a few months or a year or for so many miles, 6 month, 1 year or whatever.
I'm not totally convinced that blaming the insurance co. is going to have much result and barking up the wrong tree.
#28
11-26-2010, 10:51 AM
#29
11-26-2010, 11:35 AM
My guess is the dealer is probably going to respond that the "smaller" repair is just fine and the additional issues were not addressed by the initial payment/claim that was filed and that they accepted. That is why they are advising the owner to contact the insurance company.
Doing exactly this is not all that unusual. Once a car is taken apart, and additional damage is found, it is normal for the insurance company to come and (re-)inspect the now disassembled car. And again, the MINI dealer and State Farm would come to a new agreement on how to handle the additional work.
From what I have read here, the MINI dealer found no additional or unexpected damage while working on the car and the dealer had the engine torn down. None at all.
IMHO, no matter which scenario it really is, they all still fall onto the MINI dealer.
#30
11-26-2010, 04:28 PM
Once a car is taken apart, and additional damage is found, it is normal for the insurance company to come and (re-)inspect the now disassembled car. And again, the MINI dealer and State Farm would come to a new agreement on how to handle the additional work.
From what I have read here, the MINI dealer found no additional or unexpected damage while working on the car and the dealer had the engine torn down. None at all.
From what I have read here, the MINI dealer found no additional or unexpected damage while working on the car and the dealer had the engine torn down. None at all.
At this point, with the limited info available, I'm not sure how any party can be cited as the one this should fall on. Definitely not a good position for the owner to be in.
#31
11-26-2010, 04:50 PM
I'm not really getting the part where you drive the car and it over heats? Didn't you see coolant on the ground? Ok, I'll let that pass. Didn't you notice the steam cloud? Didn't you notice when it went into limp mode and the CHECK ENGINE light came on?
Don't you ever check the oil? The Mini doesn't have an oil level indicator light, it has a low OIL PRESSURE LIGHT. It has low pressure because it has no oil. Didn't you notice the 3 qts of oil it must have left somewhere? (twice?) Either a Gulf sized slick on the parking space, or the clouds of blue smoke it left in it's wake while you were driving? How long did you drive it with the OIL PRESSURE Light blazing away? No wonder it died.
Sorry, but you are probably stuck fixing this on your own dime. Lawyers for the insurance company, the dealer, and Mini too, are going to make those points. You failed to follow the instructions in the manual, and that caused the engine failure.
When the oil pressure light comes on, TURN OFF THE ENGINE!
Check oil level regularly, (like EVERY time you fill the gas tank) It really is part of owning and maintaning a car...
As far as I know, Mini dealer techs are not trained to rebuild engines. They replace them. (though I've never asked if they would...)
Don't you ever check the oil? The Mini doesn't have an oil level indicator light, it has a low OIL PRESSURE LIGHT. It has low pressure because it has no oil. Didn't you notice the 3 qts of oil it must have left somewhere? (twice?) Either a Gulf sized slick on the parking space, or the clouds of blue smoke it left in it's wake while you were driving? How long did you drive it with the OIL PRESSURE Light blazing away? No wonder it died.
Sorry, but you are probably stuck fixing this on your own dime. Lawyers for the insurance company, the dealer, and Mini too, are going to make those points. You failed to follow the instructions in the manual, and that caused the engine failure.
When the oil pressure light comes on, TURN OFF THE ENGINE!
Check oil level regularly, (like EVERY time you fill the gas tank) It really is part of owning and maintaning a car...
As far as I know, Mini dealer techs are not trained to rebuild engines. They replace them. (though I've never asked if they would...)
Exactly - The engine failure was NOT a direct result of the accident - it was failure to heed warnings on the dash.
Why SF paid for the initial repair is beyond me. Crimany, even the cold weather ice symbol and chime gets my attention everytime.
#32
11-28-2010, 09:09 PM
Based on my past experiences, State Farm negotiated a "less than max" repair with your MINI dealer. No matter what, your MINI dealer at some point had to agree with that, and went ahead with that "smaller" repair.
To me, the fact that your MINI dealer agreed, your MINI dealer is required to make good on their repair. In hind sight, if your MINI dealer now regrets making such an agreement, the consequences are still on them. They were paid by State Farm, on your behalf, to restore your MINI back to the condition it was at before the accident. Again, if your MINI is not, it is your MINI dealer who must now stand behind their repair.
Your warranty should still be enforce, since the repair was done by an authorized MINI dealer.
To me, the fact that your MINI dealer agreed, your MINI dealer is required to make good on their repair. In hind sight, if your MINI dealer now regrets making such an agreement, the consequences are still on them. They were paid by State Farm, on your behalf, to restore your MINI back to the condition it was at before the accident. Again, if your MINI is not, it is your MINI dealer who must now stand behind their repair.
Your warranty should still be enforce, since the repair was done by an authorized MINI dealer.
Thanks!
#33
11-28-2010, 09:56 PM
#34
12-06-2010, 05:15 AM
#35
12-07-2010, 09:32 PM
Well, thank GOD my friend received a call from State Farm saying that they decided to cover the repairs...
I think it would have been better to get a new car, anyway I hope for the best and that repairs will be done right.
Any advices for her when picking up the repaired car?
Thanks
I think it would have been better to get a new car, anyway I hope for the best and that repairs will be done right.
Any advices for her when picking up the repaired car?
Thanks
#36
12-08-2010, 05:23 AM
#37
12-08-2010, 08:50 AM
It is good htat it is going to get taken care of but, you should teach your friend some basic maintence of vehicles to prevent this kind of thing from happening again. Ignorance is not an excuse. If you have health problems or are just too old to do it that is another story. Young healthy people should always people to do basic maintence like checking the oild, tire pressure, and changing bulbs, and filling up washer fluid. All of which can save you in the long run of things.
#40
12-08-2010, 01:35 PM
#41
12-08-2010, 01:40 PM
As you guys can read, this is a lady car and very often they don't really pay attention to gauges or maintenance... Thank God we (men) are there to help them.
Thanks again
#42
12-08-2010, 02:49 PM
As a woman who checks her oil on a very regular basis and has STILL had an engine crap out on me (because of damage the previous owner did and the MALE technicians didn't bother checking the car before it was sent on its merry way or any of the multiple times I brought the car back because it drove like crap). Don't be so sexist, it's not only men on this forum. Also, to pay attention to gauges on a MINI would mean you have to HAVE gauges. The warning sounds/indicators on a MINI often don't come on until damage has been done.
On a happier note, I'm glad your friend got her repairs covered, it's crazy how difficult it was to get them to do it.
On a happier note, I'm glad your friend got her repairs covered, it's crazy how difficult it was to get them to do it.
#43
12-08-2010, 08:27 PM
As a woman who checks her oil on a very regular basis and has STILL had an engine crap out on me (because of damage the previous owner did and the MALE technicians didn't bother checking the car before it was sent on its merry way or any of the multiple times I brought the car back because it drove like crap). Don't be so sexist, it's not only men on this forum. Also, to pay attention to gauges on a MINI would mean you have to HAVE gauges. The warning sounds/indicators on a MINI often don't come on until damage has been done.
On a happier note, I'm glad your friend got her repairs covered, it's crazy how difficult it was to get them to do it.
On a happier note, I'm glad your friend got her repairs covered, it's crazy how difficult it was to get them to do it.
Sorry if it sounded like that. I'm not sexist. I know there are some ladies that know about cars and take great care of them. But it is no secret that many other women don't really pay attention to maintenance things. So anyway, my point is to help with good attitude.
Thanks
#44
12-08-2010, 10:09 PM
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I do consider it an achievement that my wife now watches the gages other than the radio and clock. She knows it's time to change the oil when the odometer hits every 5000 mile interval and as soon as a temp gage gets a little high or a CEL pops up, she lets me know.
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