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BMW refuse warranty claim after trackday.... Ouch! (UPDATE - Claim now paid)

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I was not suggesting anything about him, 

actually that was posted following a link about a Skoda.

 

We do not know the whole story on Usage, we never do really, we take stories as they are told,

full details or not.

 

Obviously Chris Harris & the other Motoring Journalist all own their own BMW's, or the Magazines do 

and these now have Invalid Manufacturers Warranty.  But we know how Magazines borrow cars.

& the BWM Owned Fleet for Media & Track use will be sold on come time, maybe first in the Company,

maybe at BMW Main Dealerships, or just in Trade, and within Original Warranty Periods.

 

Anyone buying a Slightly Used BMW owned new M Car needs to ask BMW to confirm in Writing 

if the car was ever used for Track Testing or Display or Media Journalists.

* Management Cars!*

That might apply as well with Seat, VW, Audi & Skoda.

 

Edited by goneoffSKi

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  • Advertised as the best handling car........a drivers car even. Yet when tested it failed and BMW will not pay out.   Now personally I'm on the fence on this one and can see both sides of the view. B

  • Agreed Richard.   They are clearly trying to have it both ways.   Well in that case they need to change their advertising:   BMW: The Ultimate Driving Machine*       *Definition of driving i

  • Just read on the PH thread that BMW have now agreed that the trackday was not competitive so they are paying his claim in full. Great result!!!! I bet he is one relived chappy...

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Ahhh that's fair enough George.

Yep that's a very good point about the press cars, I bet they aren't advertised as "no warranty"!

Having just read that thread, do think it's bad, also considering BMW have there own track days at Goodwood.

Tom,

No track days for your M135i then, unless you cover your arse with BMW WARRANTY department giving you a Press waiver testing pass.

Edited by vrskeith

I'm pretty sure that the driver was not acting stupidly and wasn't doing anything out of the ordinary, but I think the whole saga has been incorrectly managed by the dealer, not BMW UK themselves.

 

I suspect, as others have commented on both here and on PH, that a member staff at the dealer has made a very rash judgement call about what has "potentially" caused this issue, put 2 and 2 together and got a wildly different answer to anyone else!

 

I can't see BMW UK wanting this sort of press and by now, this will have reached FB et al before the OP has even tried to send it viral (it has already happened). The £13k cost/charge is irrelevant (and merely clouding the situation), it's wooden dollars to the BMW network. If they have any sense, I'm confident this will be swept up quickly in the next few days - I mean an "M Sport" car not handling as such, really?

 

Could you see AMG operating in the same manner? No.

When I spoke to SEAT UK, it's clear I cannot race, rally or time trial. I can modify it at my own risk and return it to standard when handing back. It's usually best to be honest and up front if you're going to do something outside of normal use. Whilst you might have some sympathy for the owner, he really should have thought about the risk, and mitigated it (even if just accepting that an exploded engine is at his cost). If you can't afford to repair it, then don't do it!

When I spoke to SEAT UK, it's clear I cannot race, rally or time trial. I can modify it at my own risk and return it to standard when handing back. It's usually best to be honest and up front if you're going to do something outside of normal use. Whilst you might have some sympathy for the owner, he really should have thought about the risk, and mitigated it (even if just accepting that an exploded engine is at his cost). If you can't afford to repair it, then don't do it!

Big clue - A "track day" is not an "organised trial of speed or regularity". Accordingly, it is not an exclusion from the warranty terms, unless they exclude visiting motor sports venues, and I'm sure that such an exclusion would be found to be "unfair terms or conditions" if taken to court.

As to Mercs,

 google

e63 warranty refused, but then he was 700 miles / 3 months past the service interval.

 

But as to track use and warranty refusal,   Tom Jones sang about it. 'It is not unusual'.

Drift oval practice is not Competitive either,

or many other Track Bookings & Test days.

Drift oval practice is not Competitive either,

or many other Track Bookings & Test days.

And a BMW 2 series is not a drift car.

Big clue - A "track day" is not an "organised trial of speed or regularity". Accordingly, it is not an exclusion from the warranty terms, unless they exclude visiting motor sports venues, and I'm sure that such an exclusion would be found to be "unfair terms or conditions" if taken to court.

Maybe, but you'd need a lawyer to start making that argument stick. It's not something I'd enter into lightly that's for sure. 

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Tom,

No track days for your M135i then, unless you cover your arse with BMW WARRANTY department giving you a Press waiver testing pass.

Absolutely- no track days for the M135i. But not because of potential warranty issues, it's more some loon crashing into me and damaging it that puts me off. I can't be bothered to pay for (expensive) track day cover and am just not prepared to rag it round a track uninsured!

It's just too expensive to risk.

I might be tempted to have a blast on track in the Fabia at some point tho.

Hopefully going to look at an old E46 BMW next week with my brother which we plan to turn into a project track toy or drift-car :-). Much cheaper if we end up binning it lol.

KenONeil,  any car can be what you want it to be,

the point is you might say a M235 is not a Track Car, but many use it on Track Days, non competitive as said,

so if i take one to practice Drifting on a Track or just a Drift Oval, then that will not be Motor Sport either by the same reasoning.

Just going off at a tangent for a moment, but I don't know any of you saw a short programme 'How It's Made' on the Audi R8

, it was on one of the digital channels a while ago

They do an amazing amount of driving on a fast track, over cobbles etc etc, before it's deemed fit to be driven out of the factory for it's new owner.......presumably with 0 miles recorded

Back on topic

M cars if bought and driven in the UK can only be driven to anywhere near their full potential on track, so BMW. are being pretty stupid if people never try it out

And a BMW 2 series is not a drift car.

A 235i would get a decent drift on id imagine

  • Author

KenONeil, any car can be what you want it to be,

the point is you might say a M235 is not a Track Car, but many use it on Track Days, non competitive as said,

so if i take one to practice Drifting on a Track or just a Drift Oval, then that will not be Motor Sport either by the same reasoning.

I suspect the nature of the failure and associated warranty claim might come into play.

If you broke the diff or suspension on a "drift what ya brung" and tried a warranty claim for those parts I suspect they would be in their rights to refuse lol. All boils down to what is perceived as unexpected failure I suppose. Very subjective and difficult to generalise. I still very much sympathise with the bloke on PH tho, assuming the facts are as presented.

You've got me worried about Santapod in May now George haha. Sounds like the Fabia might lose all it's warranty that day? No photos posted of my car please! ;-)

Beat me to it Tom, just read that myself.

furbytom,

They do lose all Manufacturers Warranty if an engine or gearbox was to give up the ghost when you take them up the Strip.

 

But that is a choice you make, 

and if the car can not stand up to it on a Private Road for Standing Starts, no point going and showing it doing it

in Public at a RWYB.

 

The low amount of Full Bore Standing Starts you might have used to get out of Manual Mitsubishi Evos clutches was really something you needed to allow for.

Edited by goneoffSKi

The issue is most manufacturers will try to avoid paying out claims unless they have to. Even if you've not technically contravened any contractual terms, most will take a defensive position as their first stance.

Good outcome.

 

Wonder if I'd be under warranty still? :D

Just read on the PH thread that BMW have now agreed that the trackday was not competitive so they are paying his claim in full.

Great result!!!!

I bet he is one relived chappy...

 

 

Common sense prevails I guess, or BMW didn't want the adverse publicity.

The telepathic power of Briskoda

we had the same with vauxhall a few years back, Refused a warranty claim due to car being used on Nurburgring, they even sent a picture on email of it in a TF session.

 

After we had stopped laughing, especially with the comment on their refusal that "trackdays exclude the car from warranty claims" My brother then promptly put up some posts on VXRonline to tell them that if they were booked on the forthcoming vauxhall organised VXR trackday their warranty was voided.   20 minutes later and a very worried UK  Director of  VXR brand from Vauxhall was on the phone to my brother asking him to withdraw the thread and that it had all been a mix up.  As a gesture of good will they gave him a free trackday......lol

 

This is also the major reason most people take their numberplates off on trackdays.

 

Also BMW car club ( backed and advertised by BMW) offer BMW only trackdays subsidised by BMW.  So surprised if it's just due to Trackday use, BMW are not that silly and know owners do trackdays in their cars, hell they even offer driver training themselves on track.  So i would suspect more likely that theres Data there to suggest over rev or somethign similar ( assuming its a manual)  

  • Author

furbytom,

They do lose all Manufacturers Warranty if an engine or gearbox was to give up the ghost when you take them up the Strip.

But that is a choice you make,

and if the car can not stand up to it on a Private Road for Standing Starts, no point going and showing it doing it

in Public at a RWYB.

The low amount of Full Bore Standing Starts you might have used to get out of Manual Mitsubishi Evos clutches was really something you needed to allow for.

I better take the M135i then now we know BMW are totally cool with non-competitive track use. They have even fitted it with standard launch control so they can't complain too much ;-)

In all seriousness I'm not worried. If the furby breaks I'll pay for it. Overall risk us quite low I'd have thought.

Are Skoda warranties all void with ANY track use even if non-Motorsport/competition?

Anyone got a link to the T+Cs?

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