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///M3 Forum
The BMW E46 ///M3 is the M version E46 and puts out an amazing 333 HP and 262 lb-ft of torque at stock specs! There are an amazing amount of modifications for both the coupe and convertible models so read up and get started modifying your cars today!

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Old 06-08-2013, 03:23 PM   #1
Sinful7
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e46 m3 engine swap with SMG, over a sad deal.. real and i need... Honest quetion.

delete thread please

Last edited by Sinful7; 06-08-2013 at 11:03 PM. Reason: deletion
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Old 06-08-2013, 04:11 PM   #2
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Old 06-08-2013, 04:17 PM   #3
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sorry for the bad writing and crap.. but im sorta stressed and in a strange situation.. I understand the humor man, but common help a guy out..
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Old 06-08-2013, 04:22 PM   #4
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Cliff notes?
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Old 06-08-2013, 04:52 PM   #5
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You have a major squabble on your hands with that shop before you do anything.
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Old 06-08-2013, 09:48 PM   #6
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I think you have two different issues here
The "motor", if blown, will be replaced unless it's deemed that it's more to replace than to pay out. You're not going to get a "new" motor. New to you, maybe.
If it's just the motor, they are not going to replace the SMG since that's part of the transmission.

It's not expensive to do a SMG to manual swap and in many cases, it appears it's cheaper than buying new SMG components.

At the end of the day, be patient and respectful but firm with the auto body shop/insurance company. You may need to hire legal counsel if things don't end up working the way you want them to.
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Old 06-08-2013, 10:16 PM   #7
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You aren't going to get anyone to put a "new" engine in a 10 year old car. There is no reasonable basis to demand it.

You knew that several quarts of engine oil had drained out of the car - yet you attempted to strart the engine after 10 minutes? Really? What were you thinking? I'd say you directly contributed to any engine damage that may be found. You NEVER try to start an engine that is clearly hemorrhaging oil.

I think you are getting waaaaaaaaaay ahead of yourself on this "I'm getting a new drivetrain" thought process.
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Old 06-08-2013, 11:09 PM   #8
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Ughhhh Alan I appologize.. I reread what you said and i do sorta agree with you except for the cntributing to the damage part.. I was doing it under the councel of the repair shop heck they added the oil! so sorry if i was rude, i am just really worked up over this, and dont mean to be an ass.. I just want my car back.. its been over a month just to have this happen.. cut me some slack here im just stressed beyond belief.. I worked my butt off for this car 10 years old or not.. Im not a millionaire where I can shrug it off.. I just cant grasp how this even happened to begin with.. why would they not test drive it, or even have a mechanics side looked at it seems?? I basically just feel totally screwed in every way, and im pissed lol.. im sure you can understand that.. no harm intended to you bud im just worked up like i said..
If it is factual - try to focus on the shop's "duty to repair" the specific damage that caused the oil leak. First look at the estimate and inspection report before they started the work. I'd determine whether they didn't find the damage, or failed to repair it. What specifically did they say needed repair - and what was authorized. At some point they may claim it was hidden damage...unless the inspection says otherwise. Of course a test drive would seem necessary and appropriate before delivery to the customer. Did it have good plates on it?

Second - ask your insurer what your rights are. Review all related documents ans your notes.
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Old 06-08-2013, 11:15 PM   #9
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alan- Plates are valid, and insurance paid up. I can see the issue you bring up.. so i guess insurance could still be in this game, if so then I suppose they could still technically total out my car after the repairs to the body have been done right?

I will give my agent a buzz on monday and talk to them about whats going on.. I dont even know if they know the motor was damaged after the body shop claimed it was done. I suppose the leak could be coming from a different area than what the estimate says.. I just know the car was not like this prior to the accident, and once i took it back from "repair" this is what happened..

I deleted the posts all by me cause well this seemed to get into a "pissing match" I didnt mean to create.. so again sorry for confusion. just worked up and miss my car...
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Old 06-08-2013, 11:28 PM   #10
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alan- Plates are valid, and insurance paid up. I can see the issue you bring up.. so i guess insurance could still be in this game, if so then I suppose they could still technically total out my car after the repairs to the body have been done right?

I will give my agent a buzz on monday and talk to them about whats going on.. I dont even know if they know the motor was damaged after the body shop claimed it was done. I suppose the leak could be coming from a different area than what the estimate says.. I just know the car was not like this prior to the accident, and once i took it back from "repair" this is what happened..

I deleted the posts all by me cause well this seemed to get into a "pissing match" I didnt mean to create.. so again sorry for confusion. just worked up and miss my car...
Check your state law - but generally an insurer will total a car when the repair exceeds 75% of the pre-accident value. Now the trick with this is that you insurer ALREADY has skin in the first repair. So 75% value on a 10 year old M3 can arrive quickly.

Now your insurer could (try to) back away from this second episode - saying that its no longer an insurance issue... that the repair was done. You have to keep it still in the original repair action - otherwise its just you and the shop. An insurer could say that you accepted the car and signed for it - case closed. So consider that. You need to maintain that it was not completely/properly/thoroughly repaired in the first case. Keep your insurer engaged.
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Old 06-08-2013, 11:36 PM   #11
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hmm so I prob should get my agent on the horn and let them know whats going on. I just dont get how even if i signed for it, its obvious nobody in the world would known this to happen if it didnt show when you arrived at the body shop. It happened within mins of leaving the body shop, so to me it would prove invalid weither i accepted the car or not. heck the tow bill was within a hour of my credit card deductible being charged by the shop and signature. and my phone call to them ws within mins of leaving. not sure if that helps any or not?

But yeah when the first agent seen my car he said it was around 55-60% worth in damage, and i was still a few grand shy of total... i suppose a motor could change that quickly.. but they already paid out in repairs, so I dont get how this could work.. if its totaled and they repaired I still deserve the value of my car regardless of repairs right? for example say its 10K car value, and insurance paid 5K to repair, and all is well then after pickup my situation happens and its another 3-4K in damage.. now im well beyond 75% value.. but money is already invested in repairs.. not being my fault they would still have to cut me that check for 10K value right? or would they just say its 5K cause we already did 5K in work?? I dont think its fair for that to happen but it seems im learning quite a bit in this ordeal.. and i can see how easily I can get screwed
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Old 06-08-2013, 11:46 PM   #12
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hmm so I prob should get my agent on the horn and let them know whats going on. I just dont get how even if i signed for it, its obvious nobody in the world would known this to happen if it didnt show when you arrived at the body shop. It happened within mins of leaving the body shop, so to me it would prove invalid weither i accepted the car or not. heck the tow bill was within a hour of my credit card deductible being charged by the shop and signature. and my phone call to them ws within mins of leaving. not sure if that helps any or not?

But yeah when the first agent seen my car he said it was around 55-60% worth in damage, and i was still a few grand shy of total... i suppose a motor could change that quickly.. but they already paid out in repairs, so I dont get how this could work.. if its totaled and they repaired I still deserve the value of my car regardless of repairs right? for example say its 10K car value, and insurance paid 5K to repair, and all is well then after pickup my situation happens and its another 3-4K in damage.. now im well beyond 75% value.. but money is already invested in repairs.. not being my fault they would still have to cut me that check for 10K value right? or would they just say its 5K cause we already did 5K in work?? I dont think its fair for that to happen but it seems im learning quite a bit in this ordeal.. and i can see how easily I can get screwed
You would (notionally) be compensated for the insured value if it was totalled - what ever that was. Policies differ. Especially these days with the popularity of deep discount policies (they are cheaper for a reason).

Its probably mostly a factor of whether they feel they are in for 5K so x-more dollars gets them out of it..... or at some point its good money after bad. You insurer will start making noises soon. I suggest that you sit down a READ your policy. That is your 2-way contract.

Just tell them that you were test driving it home immediately after repair. Keep it simple.
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Old 06-09-2013, 12:14 AM   #13
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fair enough.. I plan to talk to my insurance company monday, and the body shop, and the new shop and try and get everyone on the same page.. Im just worried im going to lose my car now after I just spent soo much time in trying to fix from the orginal accident.. I get unseen damage.. its why its called unseen..

Just worried this will put me in the totaled category and i lose my car, but at the same if the body shop didnt do it right then it falls on them the way im understanding it.. regardless this isnt my bill, but i have a chance i could lose my car to insurance. Body shop cant just take it.. Ugh this can get messy sooo quick and soo many fingers are now in the mix.. i may have the first e46 m3 that has like 30-40K in it.. exagerating on price obviously but soo much has been sank into it and its not right and im freaking out..

But ill cool down I promise... and honestly i was test driving it home thats the honest truth if you look at it.. it was the first time even driving it since it was claimed finished and more damage was found that is the case.. now whos to blame insurance or body shop I dunno?? Blame I guess is the wrong word to use.. I mean to say whos the one responsible for the payment of this added repair is a better term. I think anyone in thir right mind would know a car that is dumping oil (wish I could upload the video to show you guys) I couldnt have driven it hundreds of miles before the accident that way.. unless I had a trunk full of TWS and I stopped every 5-10 miles i guess.. well basically it just isnt logical ya know.. the problem obviously came from the accident or from a problem at the shop.. but i find it hard to believe the accident caused it cause the body shop had to have moved it and such unless they pushed it everywhere, and that still leaves me wondering about their test drive to make sure all was well? I think an oil leak such as this would have shown up.. this is why I feel the oil lines to the cooler were prob changed, but not tightened, or just was not done right, and blew off or came loose or was bent and when the car hits a bump or turn it severed it.. I dunno but something obviously happened from the accident time, till now in that area.. and i for sure know I didnt cause it...
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