Self-combusting BMW!!

brummie_boy

So...


At the end of June, my BMW 420d (2.5 years old and still under warranty) decided to lose all power whilst driving down the motorway. 60 seconds later car was in flames on the hard shoulder, where it remained until fire destroyed the car and all of my possessions.


BMW service was awful - poor communication, no timescales, etc. Only 1 month later did they start to improve, at least giving me a hire car.


The have refused throughout to deal with me directly, only being willing to go through my insurer rather than simply replacing the vehicle.


However - they have finally today phoned me and accepted liability for the fire. Still wanting to go through the insurance, they have offered to pay for lost contents of the car (c. £2k - kids car seats, jackets, work boots, etc etc) and to give me a 'compensatory gesture' - no size specified and which will apparently depend on if I buy another BMW.


What is appropriate in these circumstances? If a watch broke under warranty - I would expect a new watch....am I being unreasonable in saying that i expect them to give me a new 420d for the settlement value that my insurers give me? I'm not sure whether I should seek legal advice before accepting any 'compensatory sum' from them.


Would appreciate help, as I really don't know what is right in these circumstances and what i should be asking for. I do know that I have spent many many hours on the phone to them, have lost at least 2 days of work, and that if my children had have been in the car, the whole incident could have been much much more serious.


Advice/thoughts welcome!


https://twitter.com/Lichfield_Mike/status/1018145155717763072?s=19

DoaM

What you're entitled to (over and above your consumer rights) depends entirely on the terms of the warranty.

Norman_Castle

.am I being unreasonable in saying that i expect them to give me a new 420d for the settlement value that my insurers give me?

Yes. After 2.5 years and X? miles its lost 30%? of its new value.
If the cause of the fire is covered by the warranty your insurer may be able to reclaim its losses.

Mercdriver

Your watch analogy doesn't work. I have had a Longines automatic watch go faulty within its warranty. I had to pay for the shipping and insurance for the watch to go to Longines for service. The repair was free and shipping back to me, but I had to pay for the watch to go to Switzerland.

hollie.weimeraner

From Which website:
When you buy a second-hand car from a UK dealership, you have the right to expect it to:

be of satisfactory quality (taking into account its age and mileage)
meet any description given to you when you were buying it (whether in the ad or in discussions prior to sale)
be fit for the purpose (for example, to get you from A to B safely).
There!!!8217;s no exact definition of 'satisfactory quality', although the law lists some factors to be taken into account.

When you've bought a second-hand car you must consider the age, price, mileage, description applied and all other relevant circumstances when trying to decide whether it's of satisfactory quality.

Car dealer If the second-hand car you bought in the UK doesn't meet one of these standards, you have the right under the Consumer Rights Act to ask to return the car or have it repaired. It's also worth remembering that these rights apply only to purchases from a dealer.

Private purchase For private purchases the phrase 'buyer beware' applies. Unless the private seller untruthfully answers any questions you've got about the car, they're not under any legal obligation to declare the condition of the car to you when buying and you won't be able to claim for repairs.

Time limit on claiming for second-hand car repairs
It's important to contact the car dealership - or your car dealer directly - as soon as you notice a fault. Our guide has step-by-steps tips on how to make a complaint about a second-hand car to a car dealer.

First six months If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold and offer a partial refund or to repair or replace it.

If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.

So based on the above I would expect them to either replace the car with a like for like replacement or refund the purchase price. As far as contents are concerned I'm not sure they can be expected to cover those and would think that by doing so it's more of a goodwill gesture to avoid negative publicity.

Brummie85

I think there's too many 'maybe' answers for us to say if they'd give you a brand new car.

If the car was new when purchased, they may offer one in order to appease you and keep your custom.

If the car was 'approved used', then that's essentially all they are obliged to offer - a like for like swap or the cash value. Cars catch fire regardless of being bought new or used, so there's no real right to demand a brand new replacement.

Under UK Law, the retailer is responsible. They sold the goods, they are therefore holdable to account in terms of dealing with faults and the problems they create. Is it worth approaching them at this point - probably not. They will likely only offer you the minimum they need to. If you are getting another car from them (or their dealer group), that may give you some room to negotiate a better deal for giving them your business again, not because you bought a car that caught fire though.

If they really, really want to be pedantic, they will point out that GAP insurance was an option. Under any normal circumstances, such as theft, write-off during an accident or fire outside of warranty etc, your insurers would only pay you the market value for the vehicle at that time. GAP gives you the option of a new car, or topping up the money to allow you to purchase a new vehicle from elsewhere.

It's not uncommon for other parties to insist on only dealing with the insurers. If they spoke to you directly, it creates opportunities for mis-communication. It's annoying, but does keep everyone on the same page. The fact that BMW have been slow to reply may not entirely be their fault then.

Also worth considering, the enhanced 'compensation' for sticking with their. products If they offer you £1k cash and you walk, then they lose you as a customer and £1k. If they offer you £2k to stay and you do, they keep you as a customer and still probably make a profit or break even on the car they give you.

debtdebt

All they are legally required to do is put you in the same position as you were before the fire ie owning a 2.5 year old 420d. Anything newer would be betterment.

davidwood681

brummie_boy wrote: »

So...


At the end of June, my BMW 420d (2.5 years old and still under warranty) decided to lose all power whilst driving down the motorway. 60 seconds later car was in flames on the hard shoulder, where it remained until fire destroyed the car and all of my possessions.


BMW service was awful - poor communication, no timescales, etc. Only 1 month later did they start to improve, at least giving me a hire car.


The have refused throughout to deal with me directly, only being willing to go through my insurer rather than simply replacing the vehicle.


However - they have finally today phoned me and accepted liability for the fire. Still wanting to go through the insurance, they have offered to pay for lost contents of the car (c. £2k - kids car seats, jackets, work boots, etc etc) and to give me a 'compensatory gesture' - no size specified and which will apparently depend on if I buy another BMW.


What is appropriate in these circumstances? If a watch broke under warranty - I would expect a new watch....am I being unreasonable in saying that i expect them to give me a new 420d for the settlement value that my insurers give me? I'm not sure whether I should seek legal advice before accepting any 'compensatory sum' from them.


Would appreciate help, as I really don't know what is right in these circumstances and what i should be asking for. I do know that I have spent many many hours on the phone to them, have lost at least 2 days of work, and that if my children had have been in the car, the whole incident could have been much much more serious.


Advice/thoughts welcome!


https://twitter.com/Lichfield_Mike/status/1018145155717763072?s=19

Nope, not sure why you think you're entitled to a new one.

Rolex don't give you a new watch after years of ownership.

bigisi

Wanting a brand new car to replace a 2.5 year old one loses you credibility. As does the "wont somebody think of the (non-existent, weren't even there) children" part of your tweet to BMW!

parking_question_chap

Good idea putting the hazards on, just to avoid all doubt that the car was a hazard.

facade

As BMW have accepted liability, then they should pay losses arising directly from their negligently making a vehicle that spontaneously combusts :


The value of the car immediately before it set on fire.
The value of the lost belongings.
Recovery fees.
Re-instatement of damaged tarmac.
Emergency services charges.
Any charge from Highways England.
Your train fare home.




You would have to argue for consequential losses, e.g. charge for a missed appointment.
They don't have to provide you with a new car, and why on Earth would you want another if the last one just set on fire?