[que2k]

Long story short, my E90 died on the side of the road and gets towed to the dealership.

I have to leave it there because I was heading out of town on vacation the next day and they said it wouldn't be fixed before I leave (injectors got replaced)

Anyways I go straigt to the dealership from the airport when I get back from vacation a week later and find that some has stolen the 5 from the 335 off and the trunk is scratched up.

Should the dealer cover the repair?? Or do I have to put in a claim with my insurance company and pay the deductible?

Thanks

[nyknickfan]

It would def help if you had pictures of the car immediately before sending it off to the dealership...everytime I get my car flatbedded anywhere I take pictures from every angle of the car to ensure no damage is done while I am not present

[SS e93]

The main issue is proving it happened while at the dealer, on their property. Also need to read their disclaimer on leaving cars after using bmw assist. sometimes it is just parked nearby if they are closed or something.

[que2k]

Yeah I'm worried about getting into a fight with them.

As far as it happening while it was there, I rode in the tow truck all the way to the dealership so unless they parked it somewhere else after they fixed it then it must have happened on their lot.

[fruition3000]

The dealer should cover the repair. If they give u a problem first speak to the GM and if that goes no where, tell them you will contact BMWNA. Im sure they would rather cover the damage then to deal with corporate bitching at them.

[cb1111]

Dealer "disclaimers" are legally useless.

Any dealership (or individual) assumes the responsibility for reasonably safeguarding property while under their control. That "control" begins as soon as the car is under the control of the BMW Assist tow truck.

It doesn't matter if they parked the car on their lot or on the street - if it was under their control then they are responsible.

The problem is going to be determining if the damage happened while under their control. Without some proof of your car's condition it is "he said, she said."

[John 070]

As long as when you pick it up the 5 is missing, should be no problem havig them fix it.

I've always wondered what happens when the dealership "uses" your car overnight for joyriding I mean test driving, and there is an accident or they run a red light and you get a violation in the mail...

[que2k]

Update: Just got back from a meeting with the service manager.

Super nice guy, took one look and said that they would fix it. Booked an appointment for me next Tuesday to drop the car off and have a loaner car waiting for me!

Have to say I was ready for a fight but I am impressed that they took complete responsibilty.

Also they said this is the 3rd car its happened to, they have filed a police report.........perhaps this is why it was such an easy resolution.

[doggiedog]

I had somewhat of a similar incident. I got a flat and had to get my car flatbedded to a dealership. Somehow, Roadside Assistance or the dealership lost my car for 3 days. Eventually, Roadside Assistance fessed up and said they misplaced my car. A few weeks afterward I went to use my Garmin GPS in the glovebox and found it missing. I bitched out RA and got the issue elevated. Finally RA came back to me and said they would reimburse me for the GPS. My issue might be a little different because it's a BMWNA problem but they made good on it and I appreciate it.

[jopa489]

Good to hear your SA/dealer is taking care of it for you.