E46 News: BMW Sub-frame Defect Class Action Lawsuit - Settlement Approved - Updated information

BMW Sub-Frame Settlement Approved 8/3/2009 - Details below!


Proposed Class Settlement for Owners and Lessees of 1999-2006 BMW 3 Series Vehicles

---

On October 24, 2006, Girard Gibbs 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 Dean D. Pregerson 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.

If you would like more information about the BMW sub-frame defect class action lawsuit or proposed settlement, please fill out the form on the right or call us toll free at (866) 981-4800.
Why Girard Gibbs LLP?

Girard Gibbs, a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation, has recovered more than a billion dollars on behalf of its clients. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007 and 2008 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.

http://www.girardgibbs.com/bmwe46.asp

BMW Sub-Frame Settlement Approved - Updated information as of 8/3/2009

---

We are pleased to report that the BMW 3 Series (E46) Sub-Frame Settlement has been granted final court approval. In response to allegations that 1999-2006 BMW 3 Series vehicles can suffer from sub-frame cracking that enlarges over time, BMW has agreed to provide the following benefits:

(1) If you paid for a sub-frame repair to your 1999-2006 BMW 3 Series vehicle, you can obtain reimbursement from BMW by submitting a completed claim form and proof of expenditure to the Claims Administrator. Claim forms can be downloaded from http://www.e46subframeclassactionsettlement.com and should be mailed to the address listed on the claim form. The deadline to postmark you claim is September 9, 2010.

(2) If you currently own or lease a 1999-2006 BMW 3 Series vehicle, you can contact an authorized BMW dealer and make an appointment to receive a free sub-frame inspection. If the inspection reveals any sub-frame cracking, the dealer will provide a free repair as well. The deadline for free sub-frame inspections is September 9, 2010, for vehicles no longer under warranty. If your vehicle remains under warranty, you will have one year from the expiration of your warranty to receive a free sub-frame inspection.

To learn more about the BMW Sub-Frame Settlement, please visit http://www.e46subframeclassactionsettlement.com, where you can download a claim form and read answers to frequently asked questions. Any extensions of the deadlines listed above will be posted on the website as well.

Many thanks to all of the BMW 3 Series owners and lessees who contacted us over the last few years to share their experiences. The relief provided through the BMW Sub-Frame litigation and settlement would not have been possible without the level of consumer involvement and concern that this issue received.

Girard Gibbs llp
601 California Street, Suite 1400
San Francisco, CA 94108
Phone: (415) 981-4800
Fax: (415) 981-4846
www.girardgibbs.com

---

thanks tim this will solve many asked questions! great info

Great news! Such a love hate relationship LOL

I can see issues with that if they find aftermarket suspension on your car. = (

Originally Posted by SmoKeNfLY

I can see issues with that if they find aftermarket suspension on your car. = (

That's exactly what i was thinking, I was getting ready to install. Thinking i might wait a bit till after the inspection. Good news though!!

Originally Posted by JmAbshire

That's exactly what i was thinking, I was getting ready to install. Thinking i might wait a bit till after the inspection. Good news though!!

I was thinking the same thing. Better wait for those KW's. Hmm, wonder if I should take off my Hartge's and go back to my 17"?

Originally Posted by Transporter99

I was thinking the same thing. Better wait for those KW's. Hmm, wonder if I should take off my Hartge's and go back to my 17"?

yes u should. Try to make t look as stock as possible so they don't pull your leg.I'm putting back my m68's

Originally Posted by SmoKeNfLY

I can see issues with that if they find aftermarket suspension on your car. = (

Excluded from the Class are:
(1) BMW NA, its subsidiaries and affiliates, officers, directors, and employees;
(2) Insurers of Class Vehicles;
(3) All entities claiming to be subrogated to the rights of Class Members;
(4) Issuers of extended vehicle warranties;
(5) Individuals who validly opt out of the settlement;
(6) Any judge to whom this matter is assigned, and his or her immediate family;
(7) Any current or former owner or lessee of a Class Vehicle whose Class Vehicle
was modified for racing, whether sanctioned or not;
(8) Any current or former owner or lessee of a Class Vehicle that has been modified
with suspension parts and/or wheels of a different size; and
(9) Any current or former owner or lessee of a Class Vehicle that has released his/her
claims against BMW NA related to the Sub-Frame Condition.

Originally Posted by jeffro3000

Excluded from the Class are:

(7) Any current or former owner or lessee of a Class Vehicle whose Class Vehicle
was modified for racing, whether sanctioned or not;
(8) Any current or former owner or lessee of a Class Vehicle that has been modified
with suspension parts and/or wheels of a different size; and

Surely excluded a good majority of forum members..............

Originally Posted by fmzip

Surely excluded a good majority of forum members..............

We could put stock suspension back on?

Originally Posted by spiffman

We could put stock suspension back on?

It would cost more in time and labor to return it to stock than the actual cost of a subframe repair.

I visited the dealer after work and asked about this. He implied that it was something that was already covered free of charge... They weld in a stronger section to reinforce the weak spots...

Originally Posted by Swedishbrick

I visited the dealer after work and asked about this. He implied that it was something that was already covered free of charge... They weld in a stronger section to reinforce the weak spots...

covered under warranty or CPO for free or covered period for anyone rolling in an E46 ?

sounds like bad legal negotiating to me.....if its not broke we don't have to fix it.....but when it breaks post 1 year.....WE DON'T HAVE TO FIX IT STILL-

If the above quote is true at all dealerships regardless of the subframe status, age or mileage or warranty of the car....THAN SUPER FOR BMW-

Why don't I believe this yet ?

Just received the letter two days ago. My attorney is reviewing it just in case.

BTW, will a damaged subframe cause one side of the car to be lower than the other?

Originally Posted by jeffro3000

Excluded from the Class are:
(1) BMW NA, its subsidiaries and affiliates, officers, directors, and employees;
(2) Insurers of Class Vehicles;
(3) All entities claiming to be subrogated to the rights of Class Members;
(4) Issuers of extended vehicle warranties;
(5) Individuals who validly opt out of the settlement;
(6) Any judge to whom this matter is assigned, and his or her immediate family;
(7) Any current or former owner or lessee of a Class Vehicle whose Class Vehicle
was modified for racing, whether sanctioned or not;
(8) Any current or former owner or lessee of a Class Vehicle that has been modified
with suspension parts and/or wheels of a different size; and
(9) Any current or former owner or lessee of a Class Vehicle that has released his/her
claims against BMW NA related to the Sub-Frame Condition.

Does this also include a front strut bar, since that has to do with suspension? Obviously the M3 came with one and just about anyone was able to buy one from the dealership, but what about those who bought an aftermarket one (ACS, Dinan, Rouge Engineering, etc)?

Originally Posted by Messe46

Does this also include a front strut bar, since that has to do with suspension? Obviously the M3 came with one and just about anyone was able to buy one from the dealership, but what about those who bought an aftermarket one (ACS, Dinan, Rouge Engineering, etc)?

I think removing the 6 bolts it takes prior to taking your car in should eliminate any need for worry...

+1 to Casemagic...
Can anyone out there tell where, what and how to look for with this subframe problems issue? Any input would be much appreciated.
Thanks.

Originally Posted by DonovanM

I think removing the 6 bolts it takes prior to taking your car in should eliminate any need for worry...

I know, but you don't know how lazy I can be!

Originally Posted by jeffro3000

Excluded from the Class are:
(1) BMW NA, its subsidiaries and affiliates, officers, directors, and employees;
(2) Insurers of Class Vehicles;
(3) All entities claiming to be subrogated to the rights of Class Members;
(4) Issuers of extended vehicle warranties;
(5) Individuals who validly opt out of the settlement;
(6) Any judge to whom this matter is assigned, and his or her immediate family;
(7) Any current or former owner or lessee of a Class Vehicle whose Class Vehicle
was modified for racing, whether sanctioned or not;
(8) Any current or former owner or lessee of a Class Vehicle that has been modified
with suspension parts and/or wheels of a different size; and
(9) Any current or former owner or lessee of a Class Vehicle that has released his/her
claims against BMW NA related to the Sub-Frame Condition.

#8 says people who get different size rims are excluded?!!! If I upgraded to 19in rims, I'm ****ed??!!

Originally Posted by premiumg

#8 says people who get different size rims are excluded?!!! If I upgraded to 19in rims, I'm ****ed??!!

Based on my conversation with the attorney's office last week, I don't think the size of the wheel really matters....its just as long as you haven't modified the car in any way in order to support a wheel size that wasn't ever intended for it.