E46 News: BMW Sub-frame Defect Class Action Lawsuit - Settlement Approved - Updated information - Page 2

fmzip · 06-03-2009, 08:16 AM

Quote:

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.

kevmo · 06-03-2009, 08:26 AM

what if you already got it fixxed?.. you can file a claim no?

^^^ not if you install suspension urself

loayo · 06-03-2009, 12:26 PM

does this include the M3?

meathead · 06-03-2009, 01:04 PM

Quote:

Originally Posted by dkrab

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!

So if you're car currently seems fine, your best bet is wait until the year is almost up before bringing it to them for inspection.

ECSTuning · 06-03-2009, 01:12 PM

Best news! Watching and waiting!

backroadswest · 06-03-2009, 03:29 PM

So easy to complain...
How many Forum Members were standing up with Eric Bacca when he filed the suit?
Suit filed in CA, under laws of USA. Why would that include the rest of North America?
E46 vehicles are a Class. Of course the M3 is included. Is it an E46?

Go to the website, read the suit and the PROPOSED settlement, then post your questions.
Oh, and this ain't a Done Deal. There are still several more steps to go before this gets a final ruling.

Watch & Wait.

Phil, The Delphia Lawyer

spiffman · 06-03-2009, 06:03 PM

Quote:

Originally Posted by backroadswest

So easy to complain...
How many Forum Members were standing up with Eric Bacca when he filed the suit?
Suit filed in CA, under laws of USA. Why would that include the rest of North America?
E46 vehicles are a Class. Of course the M3 is included. Is it an E46?

Go to the website, read the suit and the PROPOSED settlement, then post your questions.
Oh, and this ain't a Done Deal. There are still several more steps to go before this gets a final ruling.

Watch & Wait.

Phil, The Delphia Lawyer

I have a feeling forum members that were 'standing up' for Bacca were standing up for the sake of getting subframes reinforced, not just inspected to leave BMW without responsibility when the damage takes place the following year.

The suit should be to reinforce subframes, not pass them along for further damage and/or with minimal repairs done by the dealer.

backroadswest · 06-03-2009, 11:08 PM

So let's look at a couple of timeline examples:
'01 E46 -- Now (presumed) out of any warranty.
Car's 8-ish years old.
By the time the claim period expires, in 09/2010, the car would be approx. 9+ years old.
If the problem didn't surface by then, should BMW NA still be liable?

'05 E46 -- Original Owner
Factory warranty expires in 2010 (5 years from In-Service Date) or early 2011 perhaps.
Settlement proposes that claim period extends for one year beyond factory warranty.
So, that would be sometime in 2012, depending upon the In-Service Date.
The car would be somewhere between 6 and 7 years old.
If the problem didn't surface by then, should BMW NA still be liable?

What's the "typical" Mean Time To Failure on these subframes?
Can it happen at any time or age of the car? Is it shortened or lengthened by the type of use or location?
If you live in the Rust Belt, or areas of extreme cold, does that change the MTTF?

It seems to me, that The Settlement allows for cars to be covered anywhere from 6 to 10 years from the In-Service Date.
If this falls within the Mean Time To Failure, then most, if not all claimants should be able to benefit.

I think the bottom line is to drive the piss out of your E46, once the court ruling is finalized, to make sure that you blow out the rear subframe within your particular vehicle's Settlement Timeline.

What better excuse to haul ass later this summer?

TX_Bullet · 06-04-2009, 03:36 PM

Very good point, and those are the questions when it comes down to the finals.

I just would like to know how to find out if the car has already had the problem and been repaired?

sillieidiot · 06-04-2009, 05:47 PM

yea i don't think hauling ass will help. sure i'll get the subframe issue fixed, but i mess up a bunch of other wear and tear items that will come out of my pocket.

1fastKAR · 06-05-2009, 10:23 AM

According to the title of the class action, it applies to Owners and Lessees of 1999-2006 BMW 3 Series Vehicles...

I'm not sure if my vehicle qualifies for the criteria of this class action. I have a 2001 BMW Z3 Roadster (E36/7), which is also known to suffer from subframe cracking. Anyone know if I might be able to benefit from this?

tim330i · 06-05-2009, 10:28 AM

Quote:

Originally Posted by 1fastKAR

According to the title of the class action, it applies to Owners and Lessees of 1999-2006 BMW 3 Series Vehicles...

I'm not sure if my vehicle qualifies for the criteria of this class action. I have a 2001 BMW Z3 Roadster (E36/7), which is also known to suffer from subframe cracking. Anyone know if I might be able to benefit from this?

Doesn't look like it (from the proposed stettlement text) -

Quote:

under which BMW will reimburse E46 owners or lessees

Eric Gibbs from Girard Gibbs LLP was nice enough to take a part of his day yesterday to talk with me about the proposed settlement. Look for an article with more details coming from E46Fanatics.com soon!

Tim

Messe46 · 06-05-2009, 01:31 PM

Obviously, if I were to drive the p!ss out of my car all day long there is more likely of a chance to have this tear occur. Autocross would also have more of an effect on this, but to how much of an extent? My mechanic hasn't seen anything (knock on wood, for the time being). He looked over the car briefly about 3-4 weeks ago when installing a new water pump to replace the broken one.

TX_Bullet · 06-05-2009, 04:35 PM

Again how can we find out if the repair has already been performed to the car.

grkm3 · 06-05-2009, 07:06 PM

I had my subframe reinforced proactively in April. The shop found 3 hairline cracks that could only be seen once the subframe was dropped. I hope I can recover some or all of my losses for the reinforcement installation.

jeffro3000 · 06-06-2009, 12:28 AM

Quote:

Originally Posted by grkm3

I had my subframe reinforced proactively in April. The shop found 3 hairline cracks that could only be seen once the subframe was dropped. I hope I can recover some or all of my losses for the reinforcement installation.

I was wondering if they would reimburse you for a reinforcement as well as a repair.

If they will, then i'd rahter go get mine reinforces now, then let BMW pay for it later under the settlement.

firefirefire90 · 06-06-2009, 12:36 AM

Do you think that bmw would pay for the reinforcement to be done?

Nicker · 06-06-2009, 01:01 PM

Quote:

Originally Posted by firefirefire90

Do you think that bmw would pay for the reinforcement to be done?

Not at all.

7xes · 06-06-2009, 11:49 PM

Does this mean that I can take my car to BMW dealer and they would take a look at my subframe and eventually fix it for free? Or at least take a look at it for free? ;]

xentor · 06-07-2009, 01:55 AM

Quote:

Originally Posted by 7xes

Does this mean that I can take my car to BMW dealer and they would take a look at my subframe and eventually fix it for free? Or at least take a look at it for free? ;]

Yeah... what about this? Better safe then sorry.

06-03-2009, 08:26 AM	#22
kevmo Registered User Join Date: Jun 2003 Location: MD (Ft. Meade)/MA Posts: 13,464 My Ride: vDubDizzle View My Garage	what if you already got it fixxed?.. you can file a claim no? ^^^ not if you install suspension urself __________________

06-03-2009, 12:26 PM	#23
loayo Registered User Join Date: Oct 2006 Location: Columbia, MD Posts: 875 My Ride: 2001 M3 Coupe View My Garage	does this include the M3? __________________ 2001///M3/PowerchipGroup/Eisenmann/Race Flow S-Pipes/AFe Stage II/AutoSolutions/ZCPs/NGK Ir/ULF/JL Audio Amp/Sub/Clutch-Stop 12.8" 1/4mi 1990 Honda Civic DX Hatch B18c1(GSR)/CAI/Greddy Exhaust/DC Sport/H&R/Suspension Techniques/Tanabe/KDWs/Pulstar/Apex Blue Pearl from 2008 S2K CR 14" 1/4mi 2002 Odyssey EX - Secret Weapon R/Pulstar/CAI 15" 1/4mi 2011 Camry V6 SE - Uper Optik 14" 1/4mi 2001 330ci Dinan S1 [Sold]

06-03-2009, 01:12 PM	#25
ECSTuning Sponsor Join Date: Jul 2008 Location: Wadsworth, Ohio Posts: 4,377 My Ride: BMW View My Garage	Best news! Watching and waiting! __________________ *Have questions? Need answers? Live Chat us! 8:30am to 12:00am Midnight EST* sales@ecstuning.com \| customerservice@ecstuning.com Customer Service Hours: 8:00am - 8:00pm EST Sales Team Hours: 8:00am - 11:00pm EST 800.924.5172

06-04-2009, 05:47 PM	#30
sillieidiot Registered User Join Date: Sep 2004 Location: the OC Posts: 43,345 My Ride: '06 AW 330ci View My Garage	yea i don't think hauling ass will help. sure i'll get the subframe issue fixed, but i mess up a bunch of other wear and tear items that will come out of my pocket. __________________ I like to reply to threads with 0 posts Have a lighting problem? Read this first: Lighting-related Troubleshooting Guide

06-05-2009, 10:23 AM	#31
1fastKAR Registered User Join Date: Aug 2008 Location: San Mateo Posts: 1 My Ride: '05 Mystic Blau M3 View My Garage	According to the title of the class action, it applies to Owners and Lessees of 1999-2006 BMW 3 Series Vehicles... I'm not sure if my vehicle qualifies for the criteria of this class action. I have a 2001 BMW Z3 Roadster (E36/7), which is also known to suffer from subframe cracking. Anyone know if I might be able to benefit from this? __________________ 1fastKAR 08 E92/// M3 Jet Black/Fox Red Novillo/Brushed Aluminum\|M-DCT\|EDC\|CFP Roof\|Michelin PS2s\|Painted Reflectors\|RPI Ram Air Scoops\|aFe Air Filter\|Custom VentureBra

06-03-2009, 03:29 PM	#26
backroadswest Registered User Join Date: Jan 2008 Location: More Than 1000 Oaks, CA Posts: 52 My Ride: '04 330Ci & '05 M3 View My Garage	So easy to complain... How many Forum Members were standing up with Eric Bacca when he filed the suit? Suit filed in CA, under laws of USA. Why would that include the rest of North America? E46 vehicles are a Class. Of course the M3 is included. Is it an E46? Go to the website, read the suit and the PROPOSED settlement, then post your questions. Oh, and this ain't a Done Deal. There are still several more steps to go before this gets a final ruling. Watch & Wait. Phil, The Delphia Lawyer

06-03-2009, 11:08 PM	#28
backroadswest Registered User Join Date: Jan 2008 Location: More Than 1000 Oaks, CA Posts: 52 My Ride: '04 330Ci & '05 M3 View My Garage	So let's look at a couple of timeline examples: '01 E46 -- Now (presumed) out of any warranty. Car's 8-ish years old. By the time the claim period expires, in 09/2010, the car would be approx. 9+ years old. If the problem didn't surface by then, should BMW NA still be liable? '05 E46 -- Original Owner Factory warranty expires in 2010 (5 years from In-Service Date) or early 2011 perhaps. Settlement proposes that claim period extends for one year beyond factory warranty. So, that would be sometime in 2012, depending upon the In-Service Date. The car would be somewhere between 6 and 7 years old. If the problem didn't surface by then, should BMW NA still be liable? What's the "typical" Mean Time To Failure on these subframes? Can it happen at any time or age of the car? Is it shortened or lengthened by the type of use or location? If you live in the Rust Belt, or areas of extreme cold, does that change the MTTF? It seems to me, that The Settlement allows for cars to be covered anywhere from 6 to 10 years from the In-Service Date. If this falls within the Mean Time To Failure, then most, if not all claimants should be able to benefit. I think the bottom line is to drive the piss out of your E46, once the court ruling is finalized, to make sure that you blow out the rear subframe within your particular vehicle's Settlement Timeline. What better excuse to haul ass later this summer?

06-05-2009, 01:31 PM	#33
Messe46 Registered User Join Date: Nov 2007 Location: New York/Burlington Posts: 674 My Ride: 325xi ZSP - ONRLS View My Garage	Obviously, if I were to drive the p!ss out of my car all day long there is more likely of a chance to have this tear occur. Autocross would also have more of an effect on this, but to how much of an extent? My mechanic hasn't seen anything (knock on wood, for the time being). He looked over the car briefly about 3-4 weeks ago when installing a new water pump to replace the broken one. __________________ -Mike “I’m sorry, but having an Aston Martin DB9 on the drive and not driving it is a bit like having Keira Knightley in your bed and sleeping on the couch. If you’ve got even half a scrotum it’s not going to happen.” -Jeremy Clarkson

06-05-2009, 07:06 PM	#35
grkm3 Registered User Join Date: Mar 2006 Location: Long Island Posts: 1,892 My Ride: Money Pit View My Garage	I had my subframe reinforced proactively in April. The shop found 3 hairline cracks that could only be seen once the subframe was dropped. I hope I can recover some or all of my losses for the reinforcement installation. __________________ 03 Steel Gray M3 - Imola Red Interior - SMGII - Premium - HK Sound Mods: VFE SC Stage 2, SS Ceramic Coated Stepped Headers, S-Pipe, X-Pipe, TMS Subframe Reinforcement, KWV2 Coilovers, TMS Camber Plates, Powerflex RTAB's, Rogue RSM's, ZCP F/R brakes Coming Soon: Open to suggestions

06-06-2009, 12:36 AM	#37
firefirefire90 Banned Join Date: Apr 2009 Location: loves FUPA Posts: 6,763 My Ride: suce ma bite View My Garage	Do you think that bmw would pay for the reinforcement to be done?

06-06-2009, 11:49 PM	#39
7xes Registered User Join Date: Apr 2008 Location: ct Posts: 479 My Ride: M3 View My Garage	Does this mean that I can take my car to BMW dealer and they would take a look at my subframe and eventually fix it for free? Or at least take a look at it for free? ;]

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