2000 BMW 328CI

TL* THE CONTACT OWNS A 2000 BMW 328CI. THE CONTACT STATED THAT THERE WAS A CRACK IN THE LOWER SUB PANEL OF THE VEHICLE. THE VEHICLE WAS TAKEN TO COMPETITION BMW OF SMITHTOWN (599 MIDDLE COUNTRY RD, ST JAMES, NY 11780, (888) 861-6280) WHERE A FAILURE IN THE REAR DRIVER SIDE FLOOR MOUNTS WAS DISCOVERED. THE VEHICLE WAS NOT REPAIRED. THE MANUFACTURER WAS NOTIFIED. THE FAILURE MILEAGE WAS 120,000. THE VIN WAS NOT AVAILABLE. *TT UPDATED 9/24/18*JB

PLEASE SEE ATTACHED PDF. DOCUMENT FOR A FULL EXPLANATION. THE SUB-FRAME ON MY BMW 3 SERIES (E46) HAS FRACTURED AND BECOME SEPARATED FROM THE CAR. THE DETACHED SUB-FRAME IS NOT CAUSED BY ANYTHING I DID, BUT IS THE RESULT OF AN INHERENT DEFECT INVOLVING THE VEHICLE'S SUB-FRAME, A MAJOR COMPONENT OF THE CAR'S STRUCTURAL SYSTEM THAT SUPPORTS THE POWERTRAIN AND IS WELDED TO THE CHASSIS. I WAS NOT AWARE OF THE DETACHED SUB-FRAME UNTIL I HEARD A METAL ON METAL SQUEAK IN THE REAR OF THE CAR; AS TIME WENT ON, THE DETACHED SUB-FRAME RIPPED THROUGH THE REAR TIN UNDERLAYMENT/SHIELD AND THE TWO ARE NOW RUBBING TOGETHER. THE DEFECTIVE SUB-FRAME IN THE BMW 3 SERIES E46 MODELS POSES A RISK TO MOTOR VEHICLE SAFETY, AS IT IS A 'CRITICAL VEHICLE COMPONENT' OF THE CAR. FURTHER, A QUICK INTERNET SEARCH WILL PROVE THAT THIS DEFECT IS HIGHLY PERSISTENT IN THE E46 BMW 3 SERIES. AND IN ACCORDANCE WITH U. S. CODES FOR MOTOR VEHICLE SAFETY, 'CRITICAL VEHICLE COMPONENTS THAT BREAK, FALL APART, OR SEPARATE FROM THE VEHICLE, CAUSING POTENTIAL LOSS OF VEHICLE CONTROL OR INJURY TO PERSONS INSIDE OR OUTSIDE THE VEHICLE,' A RECALL IS IN ORDER. PLEASE NOTE THAT I DON'T KNOW "WHEN DID THIS HAPPEN?". I JUST PUT THE DATE I HAD MY SUB-FRAME INSPECTED BY A CERTIFIED BMW DEALER (SEE ATTACHMENT FROM COLLISION CENTER OF ORLANDO). I HAD MY SUB-FRAME INSPECTED WHEN I HEARD A LOUD SQUEAKING NOISE. AS I UNDERSTAND IT, OWNERS WERE UN-AWARE THEIR SUB-FRAMES WERE DEFECTIVE; DISCOVERY WAS MADE BY A THOROUGH MECHANIC OR BY CHANCE. MY SUB-FRAME TORE THROUGH THE TIN UNDERLAYMENT/SHEILD, SO THE METAL RUBBING METAL IS WHAT WAS CAUSING THE SQUEAKING NOISE. AND AS I UNDERSTAND IT, THE SUB-FRAME TEARS THROUGH THE TIN UNDERLAYMENT ONLY AFTER BEING UNDETECTED FOR A LONG PERIOD OF TIME. THIS IS SO DANGEROUS NOT ONLY TO ME BUT OTHER DRIVERS. BMW NEEDS TO BE HELD RESPONSIBLE. A RECALL IS IN ORDER.

I OWN A 2000 BMW 328 CI. IT ALSO HAS HAD A REAR END SUB FRAME FAILURE THAT THEY HAVE BEEN FOUND AT FAULT FOR BY THE STATE OF CA IN A LAWSUIT DATED IN 2006. I BROUGHT MY CAR TO THEIR ATTENTION AND THEY ADMITTED THIER FAILED DESIGN, AND BECAUSE SOMEONE HAD TO TRIED TO REPAIR IT BEFORE THEY SOLD IT TO ME, OF COURSE WITHOUT INFORMING ME ABOUT, THEY REFUSED TO DO WARRANTY WORK ON IT, BECAUSE A FEEBLE ATTEMPT AT REINFORCING A FAILED SUB FRAME MOUNT. FAST FORWARD TO NOW, THEY OFFERED ME 2000 DOLLARS ON A 6100 DOLLAR REPAIR BECAUSE THEY HAVE ADMITTED FAULT. NOW THEY RE-NAGGED THEIR OFFER, BECAUSE RATHER THAN DOING IT THEIR WAY, I HAD THE MOUNTS UPGRADED WITH BETTER STEEL AND MOUNTS RATHER THAN USE THEIR FAILED DESIGN. THEY CONTINUE TO TELL ME THEY ARE DOING ME A FAVOR, WHEN IT IS THEIR FAILED DESIGN IN THE FIRST PLACE, WHICH THEY ADMIT TO. WHEN IS IT A FAVOR FOR BUYING A CAR THAT HAS A FAILED FRAME DESIGN, AND HAVING THE COMPANY NOT TAKE RESPONSIBILITY FOR IT WHEN THE FAILURE COULD BE THE REAR END FALLING OUT, AS HAS OCCURRED TO MANY PEOPLE, AND SOMETHING THEY ADMIT TO. THIS IS VERY DANGEROUS, AND ALSO GOES AGAINST EVERY TYPE OF DESIGN ETHICS THOUGHT TO EXIST. WHEN COMPANIES FAIL ON THIS CALIBER, IT HAS THE SAME POTENTIAL TO KILL SOMEONE FOR SOMETHING THEY KNOW NOTHING ABOUT. *TR

THIS IS A FOLLOW-UP COMPLAINT TO MY NHTSA-ODI 10503685 INCIDENT DESCRIPTION, WHICH DESCRIBES A SERIOUS SUBFRAME FAILURE THAT OCCURRED TO MY CAR. THE FORTUNATE SURVIVORS OF THE MANY SUBFRAME FAILURE INCIDENTS WHO FILED A BMW 3-SERIES AUTOMOBILE SUBFRAME FAILURE COMPLAINT HAVE ALLEGED THAT THE FAILURE WAS CAUSED BY A DEFECTIVE SUBFRAME ASSEMBLY DESIGN IN THESE CARS. ACCORDING TO THE NHTSA, ALL "COMPLAINT INFORMATION WILL BE ENTERED INTO NHTSA-ODI'S VEHICLE OWNER'S COMPLAINT DATABASE AND USED WITH OTHER COMPLAINTS TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS." "IF A SAFETY-RELATED DEFECT EXISTS IN A MOTOR VEHICLE OR ITEM OF MOTOR VEHICLE EQUIPMENT, THE MANUFACTURER MUST PROVIDE A REMEDY AT NO COST TO THE OWNER." "WE DO NOT HAVE TO RECEIVE A SPECIFIC NUMBER OF COMPLAINTS BEFORE WE LOOK INTO A PROBLEM." "WE GATHER ALL AVAILABLE INFORMATION ON A PROBLEM." "YOUR COMPLAINT IS IMPORTANT TO US." THIS COMPLAINT SPECIFICALLY ALLEGES THAT THE MANY BMW 3-SERIES SUBFRAME FAILURE SAFETY COMPLAINTS HAVE (1) NOT BEEN USED BY THE NHTSA "TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS." (2) BMW IS NOT PROVIDING A REMEDY AT NO COST TO OWNERS BECAUSE THE NHTSA HAS EITHER NOT INVESTIGATED THE COMPLAINTS AT ALL, OR HAS NOT INVESTIGATED THEM SUFFICIENTLY TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS (!) (3) THESE COMPLAINTS ARE OF THE UTMOST IMPORTANCE TO ALL OF US WHO HAVE FILED THE COMPLAINTS. THE MISSION OF THE NHTSA SHOULD BE TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS IN ORDER TO PREVENT CRASHES, FIRES, INJURIES, AND FATALITIES; NOT VICE VERSA. NHTSA, I AM ASKING YOU TO PROMPTLY INVESTIGATE THESE BMW 3-SERIES SUBFRAME FAILURE SAFETY COMPLAINTS IN ORDER TO DETERMINE ONCE AND FOR ALL IF A SAFETY-RELATED DEFECT TREND EXISTS. *TR

THE REAR SUBFRAME ASSEMBLY TORE OFF AT THE LEFT REAR DIFFERENTIAL/AXLE MOUNT POINTS, RENDERING THE CAR UNSAFE TO DRIVE. BMW OF NORTH SCOTTSDALE (SCOTTSDALE, AZ) INSPECTED THE DAMAGE AND VERIFIED THAT THE CAR WAS UNSAFE TO DRIVE. THE FAILURE OCCURRED ON A SMOOTH HIGHWAY. INSPECTIONS BY BMW OF NORTH SCOTTSDALE, PENSKE AUTOMOTIVE COLLISION, AND MERCURY AUTO INSURANCE AGENTS FOUND NO EVIDENCE OF IMPACT. THE CONSENSUS OF EXPERT OPINION IS THAT THE FAILURE WAS DUE TO METAL FATIGUE, AND THAT THIS IS A MAJOR SAFETY ISSUE WITH BMW E46 3 SERIES AUTOMOBILES. THE INEVITABLE SUBFRAME FAILURE IN THESE CARS, IN MANY INSTANCES HAVING OCCURRED AT LOW ODOMETER MILEAGE, HAS THE POTENTIAL TO CAUSE A MAJOR ACCIDENT AND CONSEQUENT LOSS OF LIFE. I WAS TOTALLY UNAWARE OF THIS SAFETY ISSUE IN MY CAR BEFORE THE FAILURE OCCURRED, BECAUSE BMW HAS NEVER ISSUED A RECALL CAMPAIGN FOR INSPECTION AND REPAIR. *TR

AROUND CHRISTMAS OF 2012 I STARTED TO NOTICE A CLUNKING NOISE IN THE REAR OF MY CAR WHEN TORQUE IS APPLIED TO THE BODY OF THE CAR BY THE DIFFERENTIAL. THIS IS AN INDICATION OF THE BODY'S SUBFRAME FAILING. BMW NEEDS TO ISSUE A FULL RECALL FOR EARLY MODEL E46 CARS. I DO NOT HAVE A JOB AND NOW MY CAR IS A HAZARD TO DRIVE DUE TO THIS ISSUE; THIS MAKES IT NEARLY IMPOSSIBLE FOR ME TO FIX EFFECTIVELY. *TR

THE ISSUE I WOULD LIKE TO REPORT WITH MY VEHICLE IS A CRACKED SUBFRAME. THE ISSUE HAS BEEN REPORTED ON MULTIPLE VEHICLES AND THERE WAS A LAWSUIT CREATED ON BEHALF OF BMW OWNERS AFFECTED BY THIS ISSUE (SEE SETTLEMENT WEBSITE BELOW). WWW.E46SUBFRAMECLASSACTIONSETTLEMENT.COM THE ISSUE I HAVE IS THAT I TURNED MY VEHICLE IN FOR INSPECTION WITH MY LOCAL BMW DEALERSHIP (EAST BAY BMW OF PLEASANTON, CALIFORNIA) WELL BEFORE THE EXPIRATION OF THE LAWSUIT AND WAS TOLD THAT THE SUBFRAME ISSUE DID NOT EXIST. MONTHS LATER AFTER HEARING REPEATED NOISES TOWARD THE REAR OF MY VEHICLE, I TOOK MY VEHICLE TO A LOCAL BMW DEALERSHIP AND THEY REPORTED THE SUBFRAME ISSUE EXISTED. I INFORMED THEM THAT MY VEHICLE HAD BEEN INSPECTED BEFORE AND THEY DID NOT FIND THE ISSUE. THE SERVICE DEPARTMENT REPORTED THE ISSUE TO BMW NORTH AMERICA TO SEE IF THE ISSUE WOULD BE COVERED. BMW NORTH AMERICA OFFERED TO ONLY PAY HALF OF THE REPAIR COST. THIS IS UNACCEPTABLE. HOW DOES BMW NORTH AMERICA OFFER TO HAVE A DEALERSHIP INSPECT A VEHICLE, FAIL TO FIND THE ISSUE, HAVE THE ACTUAL VEHICLE PROBLEM APPEAR (EVEN WORSE MONTHS LATER), AND THEN REFUSE TO PAY FOR THE ENTIRE AMOUNT OF THE REPAIR? *TR

SUBFRAME CRACK!! ON OCTOBER 24, 2006, [XXX] FILED A CLASS ACTION COMPLAINT AGAINST BMW OF NORTH AMERICA, ALLEGING THAT 1999-2006 BMW 3 SERIES VEHICLES SUFFER FROM DEFECTIVE SUB-FRAMES. ACCORDING TO THE COMPLAINT, THE CONSTANT LOADING AND UNLOADING ASSOCIATED WITH NORMAL DRIVING CAN WEAKEN THE SUB-FRAME TO THE POINT WHERE IT CRACKS AND SEPARATES FROM THE CHASSIS, RESULTING IN THOUSANDS OF DOLLARS OF DAMAGE TO THE VEHICLE. THE COMPLAINT ALLEGES THAT BMW WAS AWARE OF THE ALLEGED SUB-FRAME DEFECT, BUT FAILED TO NOTIFY CONSUMERS OR PAY FOR SUB-FRAME REPAIRS UNDER WARRANTY. ON MARCH 3, 2009, HON. JUDGE [XXX] GRANTED PRELIMINARY APPROVAL OF A PROPOSED CLASS SETTLEMENT, UNDER WHICH BMW WILL REIMBURSE E46 OWNERS OR LESSEES IN FULL FOR THEIR SUB-FRAME REPAIR EXPENSES. AS PART OF THE SETTLEMENT, BMW HAS ALSO AGREED TO IMPLEMENT A NATIONAL SUB-FRAME INSPECTION AND REPAIR PROGRAM. ALL CURRENT OWNERS AND LESSEES OF A 1999-2006 BMW 3 SERIES VEHICLE WILL BE NOTIFIED OF THE SUB-FRAME PROBLEM AND WILL HAVE ONE YEAR TO PRESENT THEIR VEHICLE FOR A FREE INSPECTION AND REPAIR (IF NEEDED). THE COURT IS SCHEDULED TO DECIDE WHETHER TO FINALLY APPROVE THE PROPOSED SETTLEMENT ON AUGUST 3, 2009. I'VE CALLED BMWNA BUT THEY WON'T HELP ME. JUST SIMPLY CLAIM THE "LAWSUIT IS OVER." INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6) *KB