Dealer claims key fob fried my BCM

[iSpy]

So my daily driver is a 13 pathfinder and all I wanted was a blank key programmed. Brought it to my local dealer and they actually told me that the key caused the BCM to fry. They hold zero liability and they are trying to hit me for $800. From all my research, isn’t that impossible? Any insight would be great. Thanks in advance

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[Nagare]

If everything is OEM and it wasn't like that when you took it in, I'd be pressing them to make it right on their own.

Now if you have some major electrical changes in the car, it could be a different story but I don't see why they wouldn't take responsibility in this case.

 

[iSpy]

If everything is OEM and it wasn't like that when you took it in, I'd be pressing them to make it right on their own.

Now if you have some major electrical changes in the car, it could be a different story but I don't see why they wouldn't take responsibility in this case.

The car is 100% stock and only has 50K miles on it. It was previously a CPO car

 

[Anthony 05 GT]

Keep your cool and continue to insist they cover this. Do some more research on the matter and let them know what you find...or let a lawyer know. In our business when some shit goes stupid, my pops gets his lawyer to send a letter. That usually stops the bleeding.

 

[iSpy]

Keep your cool and continue to insist they cover this. Do some more research on the matter and let them know what you find...or let a lawyer know. In our business when some shit goes stupid, my pops gets his lawyer to send a letter. That usually stops the bleeding.

I’ve done so much research. I’ve talked to Ford, BMW and Nissan techs and even a locksmith whole sells key fobs. They all told me the same thing, that it’s not possible. Funny you say that, I just got off the phone with a lawyer friend of mine about a letter

 

[HoosierDaddy]

I’ve done so much research. I’ve talked to Ford, BMW and Nissan techs and even a locksmith whole sells key fobs. They all told me the same thing, that it’s not possible.

Not sure that helps your case though, in fact it might hurt it.

If the process of programming a FOB can't fry the BCM, who's to say it wasn't an unrelated failure? Anything can break and if its out of warranty.....

I agree the dealer may have done something wrong. But without a plausible explanation of what that might have been, how do you convince a judge/jury if they fight it?

The only thing that might help there, is if you have something in writing (or recorded) from the dealer saying the FOB killed the BCM because that would show incompetence or lying based on what experts say.

But if they did cause it, the tech at least probably knows it and the dealer should own up and fix it.

And even if they are convinced they didn't do it, they have to know a customer won't believe in coincidence and it might be worth eating it just for that.

Good luck.

 

[iSpy]

Not sure that helps your case though, in fact it might hurt it.

If the process of programming a FOB can't fry the BCM, who's to say it wasn't an unrelated failure? Anything can break and if its out of warranty.....

I agree the dealer may have done something wrong. But without a plausible explanation of what that might have been, how do you convince a judge/jury if they fight it?

The only thing that might help there, is if you have something in writing (or recorded) from the dealer saying the FOB killed the BCM because that would show incompetence or lying based on what experts say.

But if they did cause it, the tech at least probably knows it and the dealer should own up and fix it.

And even if they are convinced they didn't do it, they have to know a customer won't believe in coincidence and it might be worth eating it just for that.

Good luck.

They told me AND nissan corporate that the key fob burnt out the BCM, makes no sense to me

 

[HoosierDaddy]

They told me AND nissan corporate that the key fob burnt out the BCM, makes no sense to me

As I said, if you have proof they said that, you win in court because you can show that's not possible and therefore they are incompetent or lying.

But that means they will claim they never said it if they aren't idiots. I can see some bozo who thinks they have to give some explanation, babbling the first thing that pops into their head: The fob did it.

Hopefully you have something more than your word they told you that. But if they were dumb enough to say it once, they may have been dumb enough to say it in writing or a recorded conversation (or may still be willing to). If they did, that should make it a sure thing they have to fix it if you are willing to fight.

I think many of these kinds of disputes come down to who has the strongest will. A dealer may think a customer will give up if fighting is more hassle than paying for the repair.

 

[iSpy]

As I said, if you have proof they said that, you win in court because you can show that's not possible and therefore they are incompetent or lying.

But that means they will claim they never said it if they aren't idiots. I can see some bozo who thinks they have to give some explanation, babbling the first thing that pops into their head: The Fob did it.

Hopefully you have something more than your word they told you that. But if they were dumb enough to say it once, they may have been dumb enough to say it in writing or a recorded conversation (or may still be willing to). If they did, that should make it a sure thing they have to fix it if you are willing to fight.

I think many of these kinds of disputes come down to who has the strongest will. A dealer may think, a customer will give up if fighting is more hassle than paying for the repair.

The repair order says ‘counterfeit key caused BCM to lockup’

 

[HoosierDaddy]

The repair order says ‘counterfeit key caused BCM to lockup’

First time I heard they claim the fob wasn't OEM. Maybe I missed that.

But a 3rd party fob reduces the value of statements from the locksmith or other brand techs. But if you can get the Nissan tech to repeat that, that helps your case.

You might want to ask your dealer why they didn't warn you if 3rd party fobs carry this risk. If they say they didn't know, that indicates they have no basis for saying the fob caused the problem which devalues anything else they tell a court. If someone tries to pass a guess off as fact, anything else they say is suspect.

And of course, if the fob is OEM, they have no case if they blame it on a counterfeit fob. Just because you didn't buy the fob from a dealer doesn't mean its not OEM.

 

[iSpy]

First time I heard they claim the fob wasn't OEM. Maybe I missed that.

But a 3rd party fob reduces the value of statements from the locksmith or other brand techs. But if you can get the Nissan tech to repeat that, that helps your case.

You might want to ask your dealer why they didn't warn you if 3rd party fobs carry this risk. If they say they didn't know, that indicates they have no basis for saying the fob caused the problem which devalues anything else they tell a court. If someone tries to pass a guess off as fact, anything else they say is suspect.

And of course, if the fob is OEM, they have no case if they blame it on a counterfeit fob. Just because you didn't buy the fob from a dealer doesn't mean its not OEM.

I’m not even positive it’s 3rd party. I’m going to open it up and compare

 

[HoosierDaddy]

I’m not even positive it’s 3rd party. I’m going to open it up and compare

I know factories in China will run extra shifts to make off the books product the company they are manufacturing for don't know about. I suspect those would be identical other than serial numbers if the products have one. That's cheaper than going to the trouble of engineering a new fob that looks exactly like a factory one and is reliable enough they can keep selling them. Does the seller say they are OEM? Is it eBay where you might know how many were sold and what the reviews are? Have you contacted the seller? If this happened to other buyers he might know and be willing to tell you something that would help you.

 

[iSpy]

I know factories in China will run extra shifts to make off the books product the company they are manufacturing for don't know about. I suspect those would be identical other than serial numbers if the products have one. That's cheaper than going to the trouble of engineering a new fob that looks exactly like a factory one and is reliable enough they can keep selling them. Does the seller say they are OEM? Is it eBay where you might know how many were sold and what the reviews are? Have you contacted the seller? If this happened to other buyers he might know and be willing to tell you something that would help you.

Seller says it’s an actually nissan key and he also confirmed what the dealer claims is a lie.

 

[HoosierDaddy]

Seller says it’s an actually nissan key

Not surprised. I think you will win if you push back.

Them saying counterfeit on your paperwork is evidence they don't know what they are talking about; either not being able to detect a counterfeit or declaring it is one.

@JudgeJudy in case she is a member.

 

[iSpy]

Not surprised. I think you will win if you push back.

Them saying counterfeit on your paperwork is evidence they don't know what they are talking about; either not being able to detect a counterfeit or declaring it is one.

@JudgeJudy in case she is a member.

I just left another dealer and the service manager, 3 techs and the parts guy all agree that’s its bullshit. Even had the parts guy take the key apart to see if it’s a fake

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