Mini dealership serviced transmission fluid. problems ensued... (inspection, cost)

[sawme]

This is my first post to the forum, but I need a little advice on how to continue. 2 months ago I took my 2004 Base model mini cooper into the dealership to get the transmission fluid replaced. At the time it had around 85000 miles on it. Now, 2.5 months and 1500 miles later and during a 400 mile road trip, my car broke down. Luckily I was close enough to a rest station that I was able to coast in neutral to a parking spot. Upon closer inspection I realized that what I believe to be the transmission fluid pan on the bottom front of my car was completely gone, and transmission fluid was everywhere. I've been driving this car super carefully. Haven't gone over any curbs, hit any large rocks or anything. I have no idea how this could've happened.

The tow truck driver who towed me mentioned that the mechanics who worked on my car might not have torqued the pan properly, which I don't have a hard time believing, because they left the cover for my air filter off, an oil gasket halfway unscrewed and mis-diagnosing a leak in the upper radiator hose as a failed radiator in addition to a few other seemingly costly misdiagnosis. but could that really result in losing the pan on the freeway?

I realize that the thing to do now is replace the pan, but now I'm stuck with a huge tow bill, no working car and I have to fix this thing on my own dime. Is the dealership somehow at fault, or is this a problem that rest solely on my shoulders? If the dealership is at fault, is there any likely hood that they would accept responsibility, fix the car and reimburse me the tow? I'm also worried that my transmission might have been damaged while losing fluid on the drive. I noticed a bit of an extra growl from it, but it didn't seem like to big a deal until the RPMs seemed to go out of control.

Any advice would be very helpful. this is my first car, and I realize I'm a noobie to this stuff.

Thanks!

[danielbmartin]

Originally Posted by sawme

... the transmission fluid pan on the bottom front of my car was completely gone ...
Is the dealership somehow at fault, or is this a problem that rest solely on my shoulders? ...

The pan is "completely gone." Examination of the underside of the car would reveal damage such as scraping. Such damage tends to absolve the dealership. Absence of such damage suggests negligence by the dealership.

Suggestion: Invite the dealer to make repairs at no cost to you. If they decline, repair the car at your own cost at some other service facility. Make photographs of the underside of the transaxle before any repairs are done. Then sue the dealer in Small Claims Court. Ask for full restitution of your towing and repair costs.

Sometimes an auto service facility will offer to share the repair costs. In this case you will have to decide if a 50%-50% (or other division) is acceptable. A compromise offer avoids the uncertainties of which way the judge might decide.

.

[RoaminRebel]

First, find an independent mechanic whom you trust. Dealership service departments cost more and have an incentive to lead you to conclude that you need a new car by screwing up the one you have. The other problems you mentioned with the airfilter and oil filter reinforce this idea. The open air filter would have caused a "check engine light"(most likely a lean burn code), which are mysteries to many people. Many will just throw their hands up and say its time for a new car and the crooked dealership wins.

Since the pan is completely gone, it strongly suggests the bolts were not correctly torqued. However, it seems you would have a leakage problem first. Thanks to car manufacturers removing transmission dipsticks, its hard to tell on many vehicles. If you hit something hard enough to completely remove your pan, you would have known it.. No doubt!

Despite the fact that the dealership is entirely at fault, I would not let them touch your car again.. Find an independent, document the problems with pictures, and you can also complain to the consumer protection agency.

Consumer