E46 BMW Social Directory E46 FAQ 3-Series Discussion Forums BMW Photo Gallery BMW 3-Series Technical Information E46 Fanatics - The Ultimate BMW Resource BMW Vendors General E46 Forum The Tire Rack's Tire Wheel Forum Forced Induction Forum The Off-Topic The E46 BMW Showroom For Sale, For Trade or Wanting to Buy

Welcome to the E46Fanatics forums. E46Fanatics is the premiere website for BMW 3 series owners around the world with interactive forums, a geographical enthusiast directory, photo galleries, and technical information for BMW enthusiasts.

You are currently viewing our boards as a guest which gives you limited access to view most discussions and access our other features. By joining our free community you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is fast, simple and absolutely free so please, join our community today!

If you have any problems with the registration process or your account login, please contact contact us.

Go Back   E46Fanatics > BMW News from around the Web

BMW News from around the Web
Submit the latest BMW news from around the world for other E46Fanatics members to check out.

Reply
 
Thread Tools Search this Thread Rating: Thread Rating: 313 votes, 4.96 average. Display Modes
Old 06-02-2009, 10:25 AM   #1
tim330i
Owner/Admin
 
tim330i's Avatar
 
Join Date: Dec 1969
Location: Boston
Posts: 11,209
My Ride: 03 Ti Silver M3
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

tim330i is offline   Reply With Quote
Ads by Google

Guests, get your FREE E46Fanatics.com membership to remove this ad.
Old 06-02-2009, 10:30 AM   #2
issacsierra06
Registered User
 
Join Date: Oct 2007
Location: visalia, CA
Posts: 1,360
My Ride: bmw 325i
thanks tim this will solve many asked questions! great info
__________________
READ BEFORE YOU BUY
issacsierra06 is offline   Reply With Quote
Old 06-02-2009, 10:33 AM   #3
Born Again
Registered User
 
Born Again's Avatar
 
Join Date: Dec 2004
Location: Tis quite a statement. Where do you live - where do we all live? in our minds? our souls? our bodies?
Posts: 4,660
My Ride: She aint much 330ci
Great news! Such a love hate relationship LOL
__________________

best mod to date : OEM grocery bag holder

Quote:
Originally Posted by Zell View Post
E46Fanatics - the Honda community of gun owners. Keep staying classy, I'm sure you all are going to be excellent examples of how to keep gun rights from being infringed. :facepalm:
Born Again is offline   Reply With Quote
Old 06-02-2009, 11:21 AM   #4
SmoKeNfLY
Registered User
 
Join Date: Feb 2003
Location: San Francisco
Posts: 1,186
My Ride: AW ///M3 & SLK350
I can see issues with that if they find aftermarket suspension on your car. = (
__________________
SmoKeNfLY is offline   Reply With Quote
Old 06-02-2009, 12:34 PM   #5
JmAbshire
Registered User
 
Join Date: Dec 2004
Location: Potomac Falls, VA
Posts: 302
My Ride: 01 330i Jet Black
Quote:
Originally Posted by SmoKeNfLY View Post
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!!
JmAbshire is offline   Reply With Quote
Old 06-02-2009, 12:47 PM   #6
deadbear
Registered User
 
Join Date: Feb 2009
Location: Edmonton
Posts: 42
My Ride: 2002 M3
Will this apply to all North American E46's? (i.e. Canadian)
__________________
deadbear is offline   Reply With Quote
Old 06-02-2009, 12:56 PM   #7
Titanium 325
Registered User
 
Join Date: Jul 2007
Location: N. Dallas
Posts: 1,521
My Ride: '01 325Ci
This could be good news. I am still ok on my sub frame, but would eliminate a sense of worry. Great article. Thanks!
__________________

Mods - M3 Style Lip Spoiler, ACS Replica Roof Spoiler (bowed in the middle), Predator Chromium Angel Eyes, P46 Xenons, Smoked Side, Corners and LED Tails, Blacked out Kidney Grills, Self Painted Bumper Reflectors, K&N Drop-in Filter, 19" Miro M6 Reps in Time Attack

Titanium 325 is offline   Reply With Quote
Old 06-02-2009, 02:36 PM   #8
shorty101
Registered User
 
Join Date: Mar 2009
Location: mn
Posts: 149
My Ride: 325i
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)

so if i go and they say the car is fine... then after the 1 year the subframe goes bad im screwed? we will have only one year?
shorty101 is offline   Reply With Quote
Old 06-02-2009, 04:17 PM   #9
firefirefire90
Banned
 
Join Date: Apr 2009
Location: loves FUPA
Posts: 6,762
My Ride: suce ma bite
Send a message via AIM to firefirefire90
great news! I wonder when this will happen with the auto reverse problem
firefirefire90 is offline   Reply With Quote
Old 06-02-2009, 04:51 PM   #10
backroadswest
Registered User
 
Join Date: Jan 2008
Location: More Than 1000 Oaks, CA
Posts: 52
My Ride: '04 330Ci & '05 M3
Quote:
Originally Posted by deadbear View Post
Will this apply to all North American E46's? (i.e. Canadian)
Settlement indicates USA only.
backroadswest is offline   Reply With Quote
Old 06-02-2009, 05:01 PM   #11
02m3csl325
Registered User
 
Join Date: Sep 2007
Location: Parker, CO
Posts: 2,142
My Ride: is Stage 2 AWD!
Thanks Tim, you the man!
__________________
02m3csl325 is offline   Reply With Quote
Old 06-02-2009, 05:06 PM   #12
dkrab
Registered User
 
Join Date: Mar 2007
Location: Sugar Land, TX
Posts: 333
My Ride: 2000 323i
Quote:
Originally Posted by shorty101 View Post
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)

so if i go and they say the car is fine... then after the 1 year the subframe goes bad im screwed? we will have only one year?
EXACTLY! BMW was already repairing this for free on an as-needed basis. I would not be surprised if they use this as a way to avoid paying for future repairs. They check your car out, say it's fine, and that's it. If it fails after that, too bad.

THANKS Girard Gibbs!
dkrab is offline   Reply With Quote
Old 06-02-2009, 05:07 PM   #13
sillieidiot
Registered User
 
Join Date: Sep 2004
Location: the OC
Posts: 44,141
My Ride: '06 AW 330ci
Send a message via AIM to sillieidiot
it would be better if we could get our subframes reinforced regardless of failure or not
__________________
I like to reply to threads with 0 posts




Have a lighting problem? Read this first:
Lighting-related Troubleshooting Guide
sillieidiot is offline   Reply With Quote
Old 06-02-2009, 08:03 PM   #14
jeffro3000
Registered User
 
Join Date: Feb 2008
Location: Huntsville, AL
Posts: 2,812
My Ride: 2000 328i
Quote:
Originally Posted by SmoKeNfLY View Post
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.
jeffro3000 is offline   Reply With Quote
Old 06-02-2009, 08:16 PM   #15
spiffman
Registered User
 
Join Date: Jun 2005
Location: Westlake Village, CA
Posts: 99
My Ride: 12 Daytona 07 F800S
Send a message via AIM to spiffman
Quote:
Originally Posted by shorty101 View Post

so if i go and they say the car is fine... then after the 1 year the subframe goes bad im screwed? we will have only one year?
Total BS I think. They should just reinforce everyone's subframe. They are just putting themselves in a spot so they wont have to in the future, so retarded.
__________________
2012 Triumph Daytona 675

"You gotta fix the nut behind the wheel before you fix the bolts on the car"
LoveClub Member #23
spiffman is offline   Reply With Quote
Old 06-02-2009, 09:13 PM   #16
fmzip
Registered User
 
Join Date: Jun 2003
Location: Northeast
Posts: 3,014
My Ride: 2001 330cic & 530i
Quote:
Originally Posted by jeffro3000 View Post
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..............
__________________
fmzip is offline   Reply With Quote
Old 06-02-2009, 11:25 PM   #17
spiffman
Registered User
 
Join Date: Jun 2005
Location: Westlake Village, CA
Posts: 99
My Ride: 12 Daytona 07 F800S
Send a message via AIM to spiffman
Quote:
Originally Posted by fmzip View Post
Surely excluded a good majority of forum members..............
We could put stock suspension back on?
__________________
2012 Triumph Daytona 675

"You gotta fix the nut behind the wheel before you fix the bolts on the car"
LoveClub Member #23
spiffman is offline   Reply With Quote
Old 06-02-2009, 11:29 PM   #18
ericslife
Registered User
 
Join Date: Nov 2007
Location: Vancouver BC.
Posts: 80
My Ride: 1999 323i 4dr 5-spd.
I think this is a EASY way out for BMW, If its not broken now and its Ok , they wont have to fix, but after a year!!!. Your screwed. A defect is a defect. I get the jitters each and every time i go for a oil change and the mechanic looks under there for me. Ive driven Bmw's for 21 years and never had to worry about frame failure till i got the e46!!. Im probably going to VW after the loan is paid off as im sick of worrying each time i floor it to pass some-one and fear the dreaded clunk when the floor rips out.!!!! what then when the car is laying on it's side in the ditch cause the back end turned into 4 wheel steering at 65mph!!.
And why just the USA, ? are the cars in canada super strong or different, i dont think so.

Eric D
ericslife is offline   Reply With Quote
Old 06-03-2009, 01:38 AM   #19
Swedishbrick
Registered User
 
Join Date: May 2009
Location: SF Bay Area
Posts: 293
My Ride: '00 BMW 323CI
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...

Last edited by Swedishbrick; 06-03-2009 at 01:40 AM.
Swedishbrick is offline   Reply With Quote
Old 06-03-2009, 07:58 AM   #20
throttlehead
Registered User
 
Join Date: Oct 2008
Location: columbus, Ohio
Posts: 320
My Ride: 330i Imola ZHP 6MT
Quote:
Originally Posted by Swedishbrick View Post
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 ?
throttlehead is offline   Reply With Quote
Reply
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Censor is ON





All times are GMT -5. The time now is 02:36 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
(c) 1999 - 2011 performanceIX Inc - privacy policy - terms of use