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Thread: BMW Class Action Lawsuit

  1. #16
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    Iím leaning more and more to the lawsuit being BS and more about the unresponsive dealer and the guy wanting to get back. The moment he knew it didnít work he should know to ignore it and go rom and confirm gear/ neutral.

  2. #17
    Registered User easy's Avatar
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    Quote Originally Posted by VIEJO View Post
    Noted on the Adventure Rider site that a gent in NJ is contemplating a class action suit against BMW for a faulty gear indicator display.... makes me appreciate my '81 R100 Airhead (my '03 K1200RS gear indicator display has never malfunctioned).
    I am amazed at the number of people who have rushed to judgment, and already think the case needs to be thrown out. To begin with we don't even know if a case has been filed yet. The above post says he is "contemplating" a class action. It does not even indicate that a case has been filed. And if it has been filed, a class action designation must be certified by the judge.

    If the case is without merit, the judge can dismiss it, and award BMW attorney fees.

    But our judgment needs to be tempered until we know the facts.
    Last edited by easy; 08-11-2019 at 03:15 PM.

  3. #18
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    Quote Originally Posted by easy View Post
    But our judgment needs to be tempered until we know the facts.
    1. Never let facts get in the way of good story.

    2. The opinions expressed are those of the poster. If one wants to air their thoughts on this "contemplated" class action suit then I say more power to them.

  4. #19
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    Quote Originally Posted by easy View Post
    I am amazed at the number of people who have rushed to judgment, and already think the case needs to be thrown out. To begin with we don't even know if a case has been filed yet. The above post says he is "contemplating" a class action. It does not even indicate that a case has been filed. And if it has been filed, a class action designation must be certified by the judge.

    Our judgment needs to be tempered until we know the facts.
    AMEN.
    If BMW offered this option and the owner paid for it, it should work as advertised unless somehow altered by the present or past owner. If it does not work as advertised and has not been altered, the manufacturer should fix it to make it work. If the manufacturer can not make it work, an alternative should be offered that it agreeable to the owner and the manufacturer. If the manufacturer takes the atitude of "Too Bad So Sad", that is not exceptable and other means to reach agreement should be explored.
    Just because other experienced riders can find neutral with out and indicator does not excuse the responsibility of BMW to live up to their responsibility to each of us as BMW enthusiasts.
    I don't know all the facts surounding this incident or past incidents (if there are any), but if I bought a bgrand new car and the gear selection indicator did not work, I would expect it to be fixed, does not mater that I know where P, R, N, D and L are or where 1st thru 6th are, I paid for it, make it work.
    I've never had an issue with BMW with anything I've taken tom them, that being said, I would not allow them to "Bully" me if I ever did.

  5. #20
    Registered User lkraus's Avatar
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    The claim: Casey v. BMW NA

    The only valid points I see are that BMW has failed to fix Casey's problem and that there is some potential for injury/damage if the starter is engaged when the display incorrectly indicates "N".

    I feel the case is weakened by:
    1) suggesting this is a widespread problem affecting many different models with no supporting data. Apparently the problem was blamed on the potentiometer, which might be shared among many models (fiche has two possible parts, depending on the shape of the pot drive). But the potentiometer has already been replaced without correcting the problem, so the problem is likely something other than the potentiometer.

    2) using three forum anecdotes without providing full context of the posts. Two claimed they could not start when the display indicated neutral, which could have been resolved by pulling the clutch lever in gear. Pulling the clutch should be SOP anyway for safety and for reducing transmission drag while starting. One was a 12 year old R1200GS, the other was a 10 year old HP2. The third post described damage from starting an 11 year old K1200S in gear while on the sidestand. So all were well out of warranty.

    3) claiming seven operating "issues", six of which are either false or which indicate a brain-dead operator.
    • Inability to properly judge accelerating power;
    • Placing the Motorcycle in the incorrect gear when in cruise control;
    • Reduced gas mileage from being in incorrect gear;
    • Improper judgement of power and torque delivery available;
    • Causing excessive strain on the motor due to incorrect gear to speed ratio which
    can lead to eventual catastrophic engine failure;
    • Difficulty starting the Motorcycle as a result of an inability to put the motorcycle
    in neutral; and
    • Potential for damage to the motorcycle and the user from the Motorcycle
    inadvertently starting in gear and accelerating forward when the gear indicator
    incorrectly indicates the Motorcycle is in neutral.
    Last edited by lkraus; 08-11-2019 at 10:16 PM.
    Larry
    2006 R1200RT

  6. #21
    Registered User lkchris's Avatar
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    If it’s truly a safety issue, it’s the job of NHTSA to investigate in contemplation of mandating a recall.

    I believe the threat of this resulted in the free forever fuel strip replacements.
    Kent Christensen
    21482
    '12 R1200RT, '02 R1100S, '84 R80G/S

  7. #22
    Registered User lkraus's Avatar
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    Quote Originally Posted by lkchris View Post
    If itís truly a safety issue, itís the job of NHTSA to investigate in contemplation of mandating a recall.

    I believe the threat of this resulted in the free forever fuel strip replacements.
    Not forever, it's only a 12 year warranty extension, starting from the in-service date. Even the extension has expired for many of us. It might be possible to cajole a dealer into seeking an extension, but that's not guaranteed.
    Larry
    2006 R1200RT

  8. #23
    Registered User lkchris's Avatar
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    Quote Originally Posted by lkraus View Post
    Not forever, it's only a 12 year warranty extension, starting from the in-service date. Even the extension has expired for many of us. It might be possible to cajole a dealer into seeking an extension, but that's not guaranteed.

    Which kind of all demonstrates it was never a safety issue.

    Nevertheless, itís NHTSAís job to determine safety issues, not courts.

    BMW remains free to offer ďgood willĒ to calm the noise.
    Kent Christensen
    21482
    '12 R1200RT, '02 R1100S, '84 R80G/S

  9. #24
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    Will the anonymous book now include the option of a "safe space" for travelers?

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