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Latest Updates On the Accident

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Old 08-17-2006, 08:15 AM
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OK I'M really f....d and angry right now. Today I call the guy who is in top paces in my dealer to learn what car I'm getting and he tells me that they won't replace my car they only can repair it. I've waited nearly a month and all they can say is they are gonna fix it. I don't have a car for a month. They didn't give me a loaner. BTW IS IT MANDATORY FOR A DEALER TO GIVE A LOANER??? Any suggestions. I can't really think right now so what would you guys suggest me. SOMEBODY PLZ ANSWER IS IT A MUST THAT THEY SHOULD GIVE ME A CAR?



Also do any of you guys know an email adress of a descent top guy in BMW AG which I can contact and they still claim there is no damage in front gear so I-do I really need to get a new car???

BTW were there any recalls made for this car???
Old 08-17-2006, 10:59 AM
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Originally Posted by BaranE' post='323592' date='Aug 17 2006, 05:15 PM
OK I'M really f....d and angry right now. Today I call the guy who is in top paces in my dealer to learn what car I'm getting and he tells me that they won't replace my car they only can repair it. I've waited nearly a month and all they can say is they are gonna fix it. I don't have a car for a month. They didn't give me a loaner. BTW IS IT MANDATORY FOR A DEALER TO GIVE A LOANER??? Any suggestions. I can't really think right now so what would you guys suggest me. SOMEBODY PLZ ANSWER IS IT A MUST THAT THEY SHOULD GIVE ME A CAR?

Baran - I am not an expert in the Turkish legal system, but:

1. If BMW (or the dealer) is not formally admitting liability for the incident, I doubt they have to do anything they do not want to do (e.g. replace rather than repair the car). In a sense, they are going beyond their legal commitments, which are simply to replace the parts that have failed under warranty, not any consequential damages to - for example - body panels or wheels damaged when your car did not respond to steering/braking.

2. The same applies to them providing you with a loan car, though I have to say that this would have been a smart move to prove their goodwill without costing them the Earth.

Another way of putting pressure on them is to threaten going to the press and making the whole affair rather public. Does Hurriyet have a motoring section? Can you write to their main editor?

However, if you are really determined to get through with this, I would advise going to a lawyer and understanding your rights and obligations - the last thing you want is BMW suing you for defamation, libel or anything of the sort. Also, you would be changing the whole tone of the affair which so far sounds fairly amicable and cooperative from both sides to something very confrontational indeed.

Sorry this is going pear shaped.

D
Old 08-18-2006, 01:15 AM
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Originally Posted by dlevi67' post='323687' date='Aug 17 2006, 09:59 PM
Baran - I am not an expert in the Turkish legal system, but:

1. If BMW (or the dealer) is not formally admitting liability for the incident, I doubt they have to do anything they do not want to do (e.g. replace rather than repair the car). In a sense, they are going beyond their legal commitments, which are simply to replace the parts that have failed under warranty, not any consequential damages to - for example - body panels or wheels damaged when your car did not respond to steering/braking.

2. The same applies to them providing you with a loan car, though I have to say that this would have been a smart move to prove their goodwill without costing them the Earth.

Another way of putting pressure on them is to threaten going to the press and making the whole affair rather public. Does Hurriyet have a motoring section? Can you write to their main editor?

However, if you are really determined to get through with this, I would advise going to a lawyer and understanding your rights and obligations - the last thing you want is BMW suing you for defamation, libel or anything of the sort. Also, you would be changing the whole tone of the affair which so far sounds fairly amicable and cooperative from both sides to something very confrontational indeed.

Sorry this is going pear shaped.

D

I don'T want this to be legal at first cause legal processes takes to god damn long in Turkey. And if I go press they would reject their offer. I already spoke with my lawyer. Yes Hurriyet does have a motoring section. (Oto Yasam) BTW how the ..... do u know about Hurriyet???
Old 08-18-2006, 02:04 AM
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Originally Posted by BaranE' post='323592' date='Aug 17 2006, 05:15 PM
OK I'M really f....d and angry right now. Today I call the guy who is in top paces in my dealer to learn what car I'm getting and he tells me that they won't replace my car they only can repair it. I've waited nearly a month and all they can say is they are gonna fix it. I don't have a car for a month. They didn't give me a loaner. BTW IS IT MANDATORY FOR A DEALER TO GIVE A LOANER??? Any suggestions. I can't really think right now so what would you guys suggest me. SOMEBODY PLZ ANSWER IS IT A MUST THAT THEY SHOULD GIVE ME A CAR?



Also do any of you guys know an email adress of a descent top guy in BMW AG which I can contact and they still claim there is no damage in front gear so I-do I really need to get a new car???

BTW were there any recalls made for this car???
I think you've actually done well to get them to repair it for free without admission of liability.

If I were you I would agree to the repair (sounds like you may already have done), but insist that if you climb down from wanting a new car you will need a loaner at least.

If long term you are concerned about the car - sell it and buy something else.

Best thing to do though is get yourself our of this situation. If you have signed a waiver that you will not sue, then you don't have a lot of legal options.
Old 08-18-2006, 04:24 AM
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i too think you did very well making them repair it...
the loaner is a MUST...they HAVE to give u a loner in all situations dont give that up...

about your new car...depends...dont go to the press as they will say the damage is done why get another car...and if only if you are absolutely SURE that a part of the car failed, can you go and take this to court also ask your lawyer do you have a good chance... if the odds are 50/50, then i think just stick to the repair.. as it isnt worth the trouble if your not sure ur gonna end up with a new car,,,
Old 08-18-2006, 04:48 AM
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or maybe you should tell them "even tho you fix this car, I can't trust driving this car no more or i will get a panic feeling for this car"
emotion effect because this happen* it's their fault, and they admit it ?*
Old 08-18-2006, 04:53 AM
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Originally Posted by Kit523' post='323993' date='Aug 18 2006, 03:48 PM
or maybe you should tell them "even tho you fix this car, I can't trust driving this car no more or i will get a panic feeling for this car"
emotion effect because this happen* it's their fault, and they admit it ?*
I told that so thats why I'll get a very good discount and I'll trade it in for a better engined E60
Old 08-18-2006, 05:32 AM
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Originally Posted by BaranE' post='323936' date='Aug 18 2006, 10:15 AM
I don'T want this to be legal at first cause legal processes takes to god damn long in Turkey. And if I go press they would reject their offer. I already spoke with my lawyer. Yes Hurriyet does have a motoring section. (Oto Yasam) BTW how the ..... do u know about Hurriyet???
I like Turkey (Istanbul is magical)! Can't speak a word of Turkish beyond yes/no/thank you, but I can still see what seems to be the biggest selling newspaper.
Old 08-18-2006, 05:41 AM
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Originally Posted by dlevi67' post='324009' date='Aug 18 2006, 04:32 PM
I like Turkey (Istanbul is magical)! Can't speak a word of Turkish beyond yes/no/thank you, but I can still see what seems to be the biggest selling newspaper.
OK wonderful if you come to Turkey gimme a call btw I read Hurriyer and Sabah everyday and Autoshow is our Car&Driver
Old 08-18-2006, 05:52 AM
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FWIW

I would accept their offer quick before they change their mind, then trade the car for something you REALLY want.

If you continue to pursue the new car route ,i think they may think that your just using the accident as an excuse to get the model you REALLY want.

No offence intended, take the offer of free repair, you have done extremly well to even get them to agree to this. As for the loan car this is generally at the dealers discretion. Does your insurance not cover you for a loan car???


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