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Old 06-03-2009, 08:16 AM   #21
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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.
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Old 06-03-2009, 08:26 AM   #22
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what if you already got it fixxed?.. you can file a claim no?


^^^ not if you install suspension urself
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Old 06-03-2009, 12:26 PM   #23
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does this include the M3?
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Old 06-03-2009, 01:04 PM   #24
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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.
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Old 06-03-2009, 01:12 PM   #25
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Old 06-03-2009, 03:29 PM   #26
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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.

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Old 06-03-2009, 06:03 PM   #27
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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.
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Old 06-03-2009, 11:08 PM   #28
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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?
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Old 06-04-2009, 03:36 PM   #29
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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?
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Old 06-04-2009, 05:47 PM   #30
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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.
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Old 06-05-2009, 10:23 AM   #31
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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?
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Old 06-05-2009, 10:28 AM   #32
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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!

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Old 06-05-2009, 01:31 PM   #33
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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.
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Old 06-05-2009, 04:35 PM   #34
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Again how can we find out if the repair has already been performed to the car.
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Old 06-05-2009, 07:06 PM   #35
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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.
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Old 06-06-2009, 12:28 AM   #36
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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.
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Old 06-06-2009, 12:36 AM   #37
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Do you think that bmw would pay for the reinforcement to be done?
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Old 06-06-2009, 01:01 PM   #38
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Do you think that bmw would pay for the reinforcement to be done?
Not at all.
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Old 06-06-2009, 11:49 PM   #39
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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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Old 06-07-2009, 01:55 AM   #40
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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.
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