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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118635
Experience:  Attorney experienced in commercial litigation.
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My car stopped on the road the day after it rained in my

Customer Question

My car stopped on the road the day after it rained in my town and I was not able to restart the engine despite of several tries, so I took it to the dealership and they claim that they found the water inside under the trunk which caused water damage to electrical modules under the trunk. They say it is not covered by warranty since it is not the problem of defect. They said they could not find any sign of leakage from outside to inside although they tried many methods to find out. so they came up with an assumption that it was my negligence that this has happened by bringing up the examples as leaving the trunk opened in the rain, or spilling water in the trunk, and continuously say that it will not be covered by warranty and I should either contact my insurance or pay it out of my pocket. I did a research on google and found out that there have been numerous cases and complaint regarding the issue of water damage due to the leakage for BMW 5 series. The issues mentioned on there were very similar to my story, so I even brought the copies of printout to service advisor to ask if my case is one of theirs, and he said the issues I found from online is different from my case since their models were the prior models compared to mine. However, both parties, I and BMW, do not know what caused the water inside the vehicle and BMW only says that I need to take care of it on my own. I do not think this is fair, especially when they can't find out how water got in there from the first moment. Moreover, I believe as many BMW owner complain about it that having the most crucial parts (electrical modules) placed right below most vulnerable spot (trunk where you carry a lot of stuff) is a defect of design, which also should be considered as a problem covered by warranty. Or else, everyone will have to carry their water bottle or ice cooler on their laps instead while driving since trunk should be cleared from the danger of water spills. Please enlighten me for this issue
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to hold BMW liable for the defect you need to have some expert examine the car to try to determine how the water is getting in. It is not that BMW will not repair in these cases, but they need to see it was from their defect. You have a start in that numerous other people are complaining about the same issue. Your next step is to get a qualified mechanic to look at it to try to determine exactly what the defect is, because if it comes to suing BMW, you would need to present evidence to the court of specifically what the manufacturing or design defect is that makes it BMW liability under the product liability law.

While you are doing that, you need to write a letter to BMW and inform them this is a reported issue by many Series 5 owners and tell them you insist the fix the problem and your car or your next step is to the National Highway Safety Administration asking for an investigation and a recall, as the car stopping on the highway is a serious danger. If they refuse still, then you need to file your complaint and you also need to have your case ready and file suit in court against them for product liability and present your evidence in court to hold them liable for the damages.