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

So basically, the way I am reading this, if you, as a car owner, want to express yourself by modifying your car, you are excluded from a defect that was obviously a problem when the car was bone effing stock? Come on. Name ONE AMERICAN who doesn't try to express individuality in one way or another. Whether its your haristyle, clothing, or automobile...we all try to be different in one way or another. They are saying that you can modify your car, but once you do, you're screwed...I have had a clunking sound coming from my car since I have owned it (when it was still in stock form) took it to 3 different BMW dealerships and was told it was nothing to it was a busted driveshaft. Each time being told the diagnosis from the previous dealership was wrong. And if BMW knew about this before, how ifn the hell do they just sit on their hands and allow their customers to pay for this sort of thing? Warranties are such jokes for consumers in this country. Its all BS!

And I thought this was only an issue with the 99-01 chasis...

well, 3 years too late for me. I got slapped with a $5,000 estimate to fix mine from a BMW dealer. So I ended up taking the loss and trading in my e46 $4,500 up side down for an e90.


This whole thing seems kinda weak though, so I could buy an e46 with a snapped sub-frame and 150,000 miles for like five hundred bucks, then as the owner have it towed to a dealership to get fixed for free???

Originally Posted by E FO SIX

So basically, the way I am reading this, if you, as a car owner, want to express yourself by modifying your car, you are excluded from a defect that was obviously a problem when the car was bone effing stock? Come on. Name ONE AMERICAN who doesn't try to express individuality in one way or another. Whether its your haristyle, clothing, or automobile...we all try to be different in one way or another. They are saying that you can modify your car, but once you do, you're screwed...I have had a clunking sound coming from my car since I have owned it (when it was still in stock form) took it to 3 different BMW dealerships and was told it was nothing to it was a busted driveshaft. Each time being told the diagnosis from the previous dealership was wrong. And if BMW knew about this before, how ifn the hell do they just sit on their hands and allow their customers to pay for this sort of thing? Warranties are such jokes for consumers in this country. Its all BS!

And I thought this was only an issue with the 99-01 chasis...

well i would understand modifying the suspension to something stiffer might cause it to fail prematurely. just like how putting a turbo in your car can cause the engine to blow. why would they pay for a blown engine, it was the turbo's fault.

it was more common on early e46s, but all can still have it. just less on new ones because of some minor improvements or something.

Originally Posted by T-MC-G

well, 3 years too late for me. I got slapped with a $5,000 estimate to fix mine from a BMW dealer. So I ended up taking the loss and trading in my e46 $4,500 up side down for an e90.


This whole thing seems kinda weak though, so I could buy an e46 with a snapped sub-frame and 150,000 miles for like five hundred bucks, then as the owner have it towed to a dealership to get fixed for free???

yea they are saying that if you already paid for the repair, you can still file a claim and get your some or all of your money back.

Originally Posted by sillieidiot

well i would understand modifying the suspension to something stiffer might cause it to fail prematurely. just like how putting a turbo in your car can cause the engine to blow. why would they pay for a blown engine, it was the turbo's fault.

it was more common on early e46s, but all can still have it. just less on new ones because of some minor improvements or something.

I totally understand your point. But what I am saying is, when a customer does their due diligence and proactively takes their car in for a noise multiple times only to be told that it is "normal" and that there is nothing wrong with the car or any of its components and that customer takes the dealerships word for it and begins to customize thier car, only to find out later that something was in fact wrong and now they are no longer able to take advantage of said class-action lawsuit and get the subframe fixed, that is completely unethical. Not saying that there is a defect or damage to my sub-frame, just saying, that I, along with anyone else in this situation have been cheated due to poor business practice and lack of ownership on the manufacturer's and dealership's part.

And secondly, they would still have to prove that the suspension was the cause (which I am sure they would try) of teh sub-frame damage. Which would be very difficult considering the car was in thierdealerships well before the TEIN's were on the car.

This is good stuff.
I hope it carries over Canada as well.

Originally Posted by E FO SIX

I totally understand your point. But what I am saying is, when a customer does their due diligence and proactively takes their car in for a noise multiple times only to be told that it is "normal" and that there is nothing wrong with the car or any of its components and that customer takes the dealerships word for it and begins to customize thier car, only to find out later that something was in fact wrong and now they are no longer able to take advantage of said class-action lawsuit and get the subframe fixed, that is completely unethical. Not saying that there is a defect or damage to my sub-frame, just saying, that I, along with anyone else in this situation have been cheated due to poor business practice and lack of ownership on the manufacturer's and dealership's part.

And secondly, they would still have to prove that the suspension was the cause (which I am sure they would try) of teh sub-frame damage. Which would be very difficult considering the car was in thierdealerships well before the TEIN's were on the car.

yea i understand what you are saying. but i'm sure if you have tried multiple times for a noise issue, there would be documentation about it. they would have documented if you had modified suspension as well (should be in those service receipts they give you), since you did not, i'm pretty sure you'd be able to classify for the lawsuit. i'm pretty sure it's meant towards others that never tried to do any of that and just went straight to modifying the suspension.

rofl... z3 mroadster mcoupe guys have it worse. bmw tells them to fcuk off

Can't wait to get mine checked out once the settlement goes thru in August!
I've had a big clunking noise when I hit bumps that sounds like it's coming from the rear deck right under the back window, maybe it's subframe noise???

Originally Posted by T-MC-G

This whole thing seems kinda weak though, so I could buy an e46 with a snapped sub-frame and 150,000 miles for like five hundred bucks, then as the owner have it towed to a dealership to get fixed for free???

Its a manufacturing defect and the company needs to stand behind their product if it's their fault from the beginning that it isn't structurally sound. I think the biggest thing though if this was the case is it would have to be proven during inspection that it was indeed a structural failure and not caused by something else.

Originally Posted by T-MC-G

well, 3 years too late for me. I got slapped with a $5,000 estimate to fix mine from a BMW dealer. So I ended up taking the loss and trading in my e46 $4,500 up side down for an e90

I would have left it as is and traded it at a different dealership if it wasn't at a critical fixing point so they would have been the ones to suck up the fix cost during their inspection. Frustrates me that my warranty expired in April but during their full bumper to bumper inspection when I bought the car they didn't find anything wrong so mine might not have this issue. I'm still not taking the risk and I'm having it checked when this goes through.

I have 2 e46s, 1 2000 328i and a 2003 330i. Can anyone out there tell me where to look and what to look for with this subframe issue? I'm taking in the 330 for a strut replacement next week and I want to tell the shop (who specializes in frame repair and alignments) to check it out for me. any photos would help

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.

I just checked today and my subframe is cracked from the body!!!
I hope i get a letter soon!!

What the hell is a subframe? (pictures of what this would look like?)

i think its ridiculous that any modified car isnt part of this.

if this damage occurs commonly on non-modified cars, then whether or not the car is modified should have little to do with the cause of the problem.

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!

sucks that i gotta put all my stock stuff back on before i take it to the dealer...

Does part 5 in the picture fall under this recall by any chance?