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Re: Transmission failure after block replacement (archive)

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Posted by Max Fretter (NZ 87 735i) on February 06, 2001 at 12:40:40:

In Reply to: Transmission failure after block replacement posted by Michael Einspahr on February 04, 2001 at 20:25:24:

Some thoughts & advice -I'm not a lawyer, it's your money/life and act as you see fit - there, that being said...

Had similar sort of problem here in NZ with a friend with a blown engine - not BMW. My comment then was you're either shaming or suing them into paying up for their mistake... you have to prove their mistake.

If suing, that means sufficient technical evidence, from a good source.

If shaming, it means sufficient technical evidence from a good source so unimpeachable they'd end up with a libel case if they tried to say "they don't know what they're doing" and/or "they're biased".

Personally I'd start with working out how far you want to go with this - it's all more money unless you win (wherever you are in the world). Then I'd make sure the old transmission is available for inspection and its "activities" in the past 3 months are known and documented. Then I'd check to see if there are any ZF (they make the tranny) accredited service shops available who'd do a documented inspection for you - do they use these in trucks? maybe a truck repair/rebuild shop? or if not ZF, an good local auto repair shop, well established, who's an accredited member of a national association or something who is willing to give a documented opinion...

Remember in all this the only thing you can prove consequential damages from is premature seal wear from high axial loads on the trans input shaft from the off-centre mounting; if there's inconclusive evidence (no notching on the shaft, whatever) then there's no evidence, it's their word against yours and then what's the point etc etc etc

Good luck, do remember to forget all this when you can and just enjoy the car too.


Can anyone confirm that missing dowel pins which should be installed to align automatic transmission with the block during assembly can cause transmission failure?

Immediately after the factory warranty block replacement the transmission began to whine, especially when coasting down from medium or high rpms. I took it back to the dealer that replaced the block and they were unresponsive, even though one of their techs test drove the car with me when I dropped it off and did hear the transmission noise. When I went to pick it up they claimed they couldn't duplicate the problem. Three months later the transmission failed. The supplier of rebuilt transmissions indicated that failure to install alignment dowel pins between the block and the transmission housing would cause a loss of fluid pressure and in turn burn out the transmission clutches. The pins were missing at disassembly (since the dealer had been unresponsive I took the transmission replacement elsewhere)and I have receipts indicating that they were missing and likely the cause of transmission failure.

The repairs I had to make to the engine to correct the rough idle problems before the dealer would complete the "short block tests" (gasket replacements etc.)were over $2000. I spent another $1000 while they had it apart. The transmission replacement was $5500. It has in effect cost me over $8500 to have the block replaced under warranty. The car has just over 90,000 miles on it now and it runs great, as should be expected with a new block and transmission.

Should the factory or dealer help pay for the transmission replacement? I have very complete and detailed service records, the transmission noise started after the block was replaced, the dealer was notified and dismissed my concerns, the missing pins reportedly could cause the failure, the pins were missing, and the transmission did fail less than 3 months after the block was replaced and I reported the problem.





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