[MrMegambo]

Soooooo, let's begin this, It all started on a Saturday night. The car hit a pothole and blew the front right tire, run flats they say lol. Michelin Sport 4s. I got the car towed to my home and then towed to the dealership VIA the BMW ASSIST program. The dealership repaired the tire and sends me a video via link msged me that they would put the car on a wheel alignment machine to see if there is any damage (i have rim tire protection). 4 hours go by and I hear nothing from the dealer and get a msg saying my service is taking longer than expected. I call the service provider and he dodges my call, msg him nothing, to call the dealership and asks to speak to the same advisor, and shortly after sends me a msg saying my boss will call. Boss states that a valet driver made "a few miscalculations and damaged my car". They send me a picture and the right headlight is broken, the left fender is bent and scratched hole in the middle of the bumper, and a few other damages. They send me a msgs stating they will take care of 100% of the damages. And on call/in person everything would be done OEM and in the following 2 weeks. I did go in person to pick up some belongings and the damage was awful the right fender is damaged the bumper is damaged in the middle hit a pipe aww man. I am suspicious if they really could pull it off in this time frame, getting the parts and what not. Also CCRC body shop (INDEPENDENT) will do the work, not the dealership the body shop is apparently a sponsored bodyshop by the dealer. Refused a loaner because of my age, and on top of that agreed to fix a bent tierod they found on the right side, as an extra perk I guess. When I get there it's sad, however, I do swipe the SD CARD from the dash camera and this is where it gets really really interesting. Also, the service advisor stated to me that there were no cameras there therefore they didn't see what actually happened and it was an accident. Honestly, as long as they fix everything they said they would and do it within that 2 weeks I'm fine with it but I would like some compensation. Alright so back to the dashcam I go through it and i find something very very off, so my dashcam VIOPHO 119 v3 is set up to record in 3 min each clip, and there's a few clips missing. I found this by matching the ending time and comparing it to the starting time and realized a total of 5 clips had been deleted from around 15min of the video data. So I did what any suspicious person does investigate and by using EASEUS I got the one clip back I needed the others but they were far too corrupted. So after investigating I came to the conclusion that the dealer had deleted the clip of the accident purposefully. In the clip, the valet driver while bringing the car out takes a turn and blindly & stupidly crashes into a wall going 6mph the crazy thing is there is no way he wouldn't have seen the wall he must have been on his phone or something. idk why the dealership would do that but so far I have spoken to the service manager and he has only sent me a text msg and spoken to me about repairing my vehicle idk what I should do. Should I trust them or should I take action? OR wait? And would the repairs be possible in 2 weeks because BMW parts take a long time? They did send me a video link today morning of it on a lift and the right wheel off as if they are working on it. I'm sorry if this is poorly written but I have two mid terms tomorrow and this extraordinary situation I have to deal with and its 12:40am rn. . Please lay some advice out for me. I will go meet the manager tomorrow and ask for everything in writing. One more thing I haven't told the dealer about the CLIP nor did I confront them, I just don't want them to do anything shady.

And DO remember I manage to recover the clip where they crashed the CAR!

Ive linked some pictures The first one is the pothole I hit and the second one is the damage the dealerhsip caused and video of the damage.
here's a video of the damage - https://drive.google.com/file/d/1z15...ew?usp=sharing

[sikotic]

Wow... That sounds terrible, Im sorry you had to deal with all that.


What I would do is:
Call the dealership, and without showing them the footage, tell them that you've been able to recover the dash cam footage that was deleted by an employee during the accident. If you don't get their full cooperation, will bring a lawyer into this.

I would also go visit the area where the crash happened and see for yourself if there are cameras around at any other nearby dealerships, stores, street cams etc.. that may have picked it up. Of course if they deleted your footage, they would say that no other camera was able to capture it either lol

[Gaviatrix]

Let me start by saying that I am not a US lawyer, so this is my opinion only.

I would inform my insurers, telling them the dealership has admitted liability, send them the dash cam video with an explanation of why that's the only bit you've got, and have their assessor look at the car before and after the work to ensure everything is returned exactly to factory specification with OEM parts.

Does your insurance cover you for a hire car if yours is damaged? If so your insurer should arrange or agree to pay for a car, and will recover that cost from the dealer's insurance. If not, I'd be telling the dealership that if they can't provide a car because of your age, then you'll be hiring one and they'll be paying for it.

I would also tell the dealer principal about the deletion of the dash cam files, and that fact you've recovered one, as someone has been involved in a cover-up and if it's not the dealer principal her-/him-self, then s/he needs to know they've got dishonest staff working for them - and if it is the principal, they need to know you've informed your insurer.

Finally, I'd be avoiding potholes By the look of that tyre, wherever you live you must have potholes that could swallow a whole car!

[Giggler]

They certainly had no right to tamper with your sdcard to hide their transgression. That right there would probably be enough for me to sever ties with the dealership (unless they’re the only dealer near you, then you need to be smart and not make enemies) Maybe contact your insurance, send them the deleted clip and explore your options through them. But if at all possible, try to avoid having this damage go on record for someone to see on a carfax.. that might mean keeping your insurance out of it.

Edit; Also, as someone who occasionally sues and gets sued as part of my business, take my advice and keep the lawyers out of it… you are subjecting yourself to legal fees, counter suits, an extended timeline to get a resolution, lots of paperwork, lots of wasted time, lots of stress, and you’ll end up settling out of court. Lawyers are a last resort if you’ve been completely wronged with no possible resolution.

As a side note, if you should choose to allow the dealership to fix your car, you should draw up an agreement with them that the resale value lost due to the title no longer being clean should be credited towards the sales price of a future car you buy from them, call it $3K expiring in 7 years.

[madpistol]

Ok, so first of all, relax. The good news is that everything, and I mean EVERYTHING is in your favor, but it is going to take some maneuvering to get it taken care of.

It's a brand new car. Have you sent anything to insurance? If you have not, then DO NOT tell your insurance that this happened. That will decrease the value of the car when you go to sell it if you do.

Next, the dealership has admitted fault. Good. What's not so good is that they tried to cover it up by deleting footage of the event and then claiming they don't have any cameras that showed the incident... but, you were able to recover footage of the accident. This is the point where things just turned HEAVILY in your favor. Because you can now prove that the dealership tried to hide evidence, you can use this to do several things.



NOTE: It is not important who tried to hide/delete the footage you recovered. The person that did it was an agent/employee of the dealership, and as such, the dealership will have to accept responsibility of this action. Even if they tell you they "fired" or "terminated" said employee, it's still on the dealership to own this action. They need to make this right, and terminating an employee is simply not enough in this situation.




1. Contact the dealership manager and tell them that you recovered a video of the accident through your dashcam and that someone attempted to delete it. If they call your bluff, show them the google drive you showed us as proof (make sure you're the only one that has write access to it, and make sure you have a copy of the video on your local drive as backup).

2. Tell them that you DEMAND to speak to the owner of the dealership ASAP. Don't be a dick about it, but they should get your message.

3. Once you have the owner of the dealership in direct line, demand the following.

___a. A loaner car of equal or greater value while your car is being repaired. If they say "We can't because of your age", tell them they should have thought of that before they crashed your brand new M340i.
___b. Either repair + compensation for loss of value
---OR---
___c. a brand new car of equal or greater spec (no additional compensation).

If the dealership does not agree to your terms unconditionally, lawyer up. You won't lose. (BUT... do not threaten legal action as this will more than likely make the dealership go completely silent on you. As the person said above, this is a last resort. Only do this if they are truly screwing you over.)

It's going to suck, but this is totally in your favor. Good luck.

[G30M]

don't plug the sd card in. send it to a professional to recover the videos.

[MrMegambo]

Thank you, guys, so much for this, truly appreciate your guy's response. And it totally makes sense what each and every one of you guys are saying. So I have decided that I will take this up with the manager having a sit-down meeting and discussing what type of compensation they will be giving me. Most likely for the devaluation of the car. Also, I have the clip of the actual crash in full quality that I recovered just couldn't recover the clips where they tampered with the sd card most likely corrupted due to the fact they took it out while the camera was still recording. I also made another video breaking down my investigation and how I came to the conclusion of them deleting my videos.

[Seaford]

I have no input other than I would be very, very vocal about them being unable to provide a loan car due to your age….of course they can, it’s going to cost them an insurance premium.

Their problem. Not yours.

[TheKandyman]

It is interesting to see how some think we have magical rights because the damage happened at a dealership. I'll play devil's advocate here and make some counter points. Not to be an ass, but just to give you another perspective:

1. The dealership really doesn't owe you anything but to fix your car. It is in their interest to go above and beyond to retain customers and to avoid bad PR, but their obligation is only to repair your car. They carry insurance for such things.

2. Your proof of dashcam tampering is probably only opinion unless you have conclusive evidence (not deductive evidence) that the tampering was done at the dealership. Also remember that you have now touched/accessed the SD card, so unless the evidence is forensic and can reveal date/time the tampering was done to match it to when it was at the dealership, it probably doesn't have legal weight.

IMO this was an unfortunate and maybe careless accident, but nonetheless still an accident without malicious intent. The only thing malicious - if you can conclusively prove it - is the SD card tampering. So ask/insist for what is fair and right for an accident but be cautious about making threats or lawyering up.

[B58-M340iX]

This totally sucks! I've had a much smaller issue where they popped one of my tires but didn't crash the car. I'm hoping you have a good sit down and the manager is reasonable. In for updates

[doublevanosrc]

The good thing is that they are accepting responsibility and taking care of it 100% with OEM parts, this alone is a miracle. As for the SD issues I wouldn't push too much, why?? They are covering everything why piss them off, nothing good will come out of that. As long as they provide you with a loaner while it's being repaired they have done everything they need to do. They messed up big time but they have promised to make it right.

[TheMaxXHD]

Not sure what BMW USA policy is across dealerships, if there is any consistency at all, or if it is by dealership’s discretion, but at-least some dealerships require being 21 to get a loaner, a quick google search seems to confirm that.

That may be a BMW USA loaner program policy, or a by dealership policy, not sure. That said, 21 is a reasonable minimum age. It sucks, but it is also for the best interests of everyone (the customer and themselves). I know my BMW dealership in my former college town was quite antagonistic towards college students (for better or for worse), which is why I drove to my home BMW dealership to have work done instead when needed.

It is just one of those things where the wreck-less few end up making life difficult for everyone else, who just needs to get stuff done and get on with life. It sucks, but I totally understand why such a policy would be in place. It is also the case of insurance companies dictating the terms. The insurance premium for allowing an 18 year old in even a loaner BMW would probably be quite large for a dealership.

[MrMegambo]

I visited the dealership today, called the service manager, and left a message that I would be there to pick up a few things and would like a written statement of what is going on how it happened, and the services they will be providing. They refused to give me a written statement of what happened and what they promised but they will give me documents on what they did, and will do. They promised me everything is being done asap and it will be done correctly. I did contact a lawyer, and the only thing I have been told by the manager is "we are waiting on parts".

[RCtennis3811]

I wonder if it’s worth involving BMW Customer Relations at this point to get a case manager and/or a regional area manager involved?

I mean it’s great that they say they are taking responsibility and will repair your car, but why can’t they put that into writing for you or get you some documents that say that?

[PK2348]

Video clip is irrelevant. The dealership admitted to causing the damage, additionally damage occurred while the vehicle was in their possession. They are responsible, period. It was dumb on their part to delete this, but makes no difference anyhow.
Dealership has insurance. That is the wallet you need to go after.
Get their insurance info and file a claim.
I would not use the same dealership to do the repairs, considering everything that took place, it's hard to predict what issues can arise and their possible course of action.
If you own this car (not leased) definitely include diminished value as part of your claim
Also - Contact BMW NA, put them on notice that this happened and see what they can offer.
For the loaner - find a company willing to rent you a car. Include the bill with your claim

[teknic90]

Wow. What a mess. If they do repair it won’t the repair shop report that and thus the car will have a lower value?

I would hold on to that video clip as leverage.

#subscribing

[Bc2005]

If your car has full coverage insurance, I think it’s a good idea to get them involved. Do you want to be the lonely (also apparently young) complainer who is ignored by the dealer, or do you want your insurance company to take over the fight for you? You could also make a call to the local police to see if you should file an accident report. Maybe this has happened before at this dealership.

You will definitely be covered for the cost of the repairs, but I would also want a loaner car for the entire period it’s not available. If they can’t give you a regular loaner, then they need to figure out another solution. Maybe another car rental company has more flexible rules and will rent you a car.

[mondayze]

Dont take their word for anything. Get everything in writing.

[zazzau]

Hi OP - sucks that this happened to you and I’m not surprised by all the different responses here - no right or wrong answer really.

Accidents happen - and it can happen to be best of us. The dealer has accepted fault and it sounds like they’re trying to do right by you. The question of tempering with your footage is trivial because it won’t necessarily make a difference to the fact that they have taken full responsibility.

You might want to ask for compensation as a result of depreciation from the damage — if your dealer hasn’t offered that bring it up and be nice about it. If you’re financing your car, perhaps they can write off some of your payments or send you a check in the mail.

If they are unable to offer a loaner based on policy, perhaps work out an alternative like a rental or have them pay for your Uber/Lyft rides (most likely this will be capped.)

I’m sure your car will be made whole again - it’s just a matter of time. Keep us posted on how things go.

[Opie55]

I was a litigator for 30 years and getting lawyer involved is the last thing you want to do. Just forget that. The issue is mostly being resolved. What you really need is a car to drive for a couple weeks. I would say "look, I understand you have a policy about not giving loaners to people my age, but you normally provide loaners as a courtesy. But this is not my fault that I have no car, it's your fault. And not only that, but you deleted files from my property to hide how it occurred and lied about it. But I just need a car to drive, so tell me how we are going to resolve that." Note how I phrased that last sentence. You didn't ask for a loaner, you put it on him to say something more than "no."

[dod328430]

Originally Posted by doublevanosrc

The good thing is that they are accepting responsibility and taking care of it 100% with OEM parts, this alone is a miracle. As for the SD issues I wouldn't push too much, why?? They are covering everything why piss them off, nothing good will come out of that. As long as they provide you with a loaner while it's being repaired they have done everything they need to do. They messed up big time but they have promised to make it right.

Because his CarFax report will have an accident on it, resale will go down.

[BimmerBahn]

Originally Posted by dod328430

Because his CarFax report will have an accident on it, resale will go down.

not necessarily....