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      12-16-2015, 09:38 AM   #16
shark715
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Drives: '11 X5 50i, '16 M235xi vert
Join Date: Nov 2011
Location: New Jersey

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Quote:
Originally Posted by Cyberdemon View Post
At the end of the day you have to decide if people who repair cars for a living are actually in the wrong in their assessment, or if it was a costly mistake that you have to live with - because the legal fight to try and prove the "Experts" wrong will likely cost more time and money than the replacement of an engine.
There's also another possibility...that the dealer is claiming they have evidence, when they really don't. The dealer is going to make far more profit making the repair at your expense versus what they would making the repair under warranty, and that fact could be introduced as evidence in court, thereby creating doubt. You never know what might happen if you have a sympathetic judge, including the possibility of the judge ordering BMW to pay your legal fees.

As others have pointed out, there's substantial risk that you could be throwing away needless legal fees. No doubt part of your decision is whether or not you believe you abused the engine. My guess is you likely have some idea of the answer to that.

And don't forget that BMW has the same situation with legal fees, and their potential costs are almost certainly much higher than yours. If they see you are not going to back down, the case might have "settlement value" to them.
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