2000 BMW 328CI

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