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

Originally Posted by SS Ball3r

The repair they need to make is not going to be effected by what was done in the past.

It very well could make a substantial difference in how big of a repair needs to be made now and how much it is going to cost to repair it. I feel your pain but unfortunately the settlement agreement doesn't address this particular scenario.

Was the refusal from the dealer or has BMWNA refused to help? If you haven't spoken with BMWNA, I would recommend starting there. It may take persistence but likely you can come to some sort of compromise with them. And remember, be nice and remain civil when discussing the issue. If you contact them sounding like a pissed off mad man and threatening them with lawyers, they're not going to be very inclined to work with you.

Originally Posted by Old3Timer

When they say modified, i wonder what that means exactly. My 2004 330ci has Dinan stage 2 sfw, exhaust and CAI, but stock suspension and tires. So are they going to screw me on those? I could put the stock intake back on I guess and they'd never know about the sfw but I'm not reversing the exhaust, that's ridiculous.

they will find any excuse they can NOT to pay for your repairs.

Originally Posted by BucJamez

is there any way to get bmw of san diego to give a loaner if they are fixing the subframe?

they giving you a hard time too?

Originally Posted by E46330iguy

^ The Extra Tourque is what made it rip not made to handle that

Seriously? One of my e30's has tons of torque: s50b30 motor with several mods... and I've NEVER had problems, even with H&R cup kit suspension and a VERY heavy right foot! Where did BMW drop the ball? When I got my e46 I thought I was moving up in the world!

I guess I'll have to take the e46 for the check up

I think it is up to the dealer that cks your car. I do these repairs and all that I hear on this board is if they will cover it or what happens if it happens later. I at this time am doing a 98 Z3 with a failure. The guy come in the shop and wanted an inspection . Now I know it is not an e46 but it still a BMW. The manager at my shop gave him a card and told him who to talk to at the dealership. That was 2weeks ago. Last tuesday it was in the shop already approved for repair. I would have been done last week if the part was available. Now he did not get a loaner but he was ready for a battle with BMW but all he got was good service. And this was BMWNA the some as everyone here. How this just seems funny, to me anyways. As for if it happens after the year I am told that they will still cover the repair on a case by case bassis. After the year the free inspection is not free but it might get covered. This Z3 had 60k mile and was in real good condition. Good Luck Guys and be positive they are not that bad.

I believe I have the issue. I want to say it started about 6-9 months ago and it mostly seems to happen when going into reverse or when I shift my auto from a lower gear...seems like play then it catches. I don't know for sure if this is the issue but it sure seems like it.

I'll have to get a courtesy car as it's just me and the dealership is 30 mins away from where I live and schedule something far enough out so I get one and then they can spend as much time as they want looking at it/fixing it if that is the issue.

Just found this info the other day.

I am looking at buying a 2006 330Ci Convertible, 15,000-25,000 miles.

I read through a lot of what was posted here and have a few questions.

1. Is the 2006 330Ci Convert a E46? From my understanding it is??

2. Do the convertibles have any more/less problem with the frame cracking??

3. Do the automatics have less problems?

4. Did BMW change anything with the newer E46 vehicles to reduce/eliminate the problem?

5. Is the problem not showing up in the newer vehicles due to a younger age and possibly less mileage? I see the class action suit goes through 2006 vehicles. Assume the class action suit assumes all E46 platforms are susceptible to this cracking problem?

Thanks in advance for answers, comments, encouragement.

jfoj

Just spoke to my service guy and he said is only for E46 Sedan
No coupes or vert.
Is this true?

My coupe has gotten invited to be inspected... My indie inspects it everytime its on his lift, so I don't see a need for a dealership to also do it.

Originally Posted by ELO168

Just spoke to my service guy and he said is only for E46 Sedan
No coupes or vert.
Is this true?

Did you not read the website and FAQs? It says everything you need and then there is a phone number you can call for further info.

Dude I can read, it shows All E46
however my service guy is saying NO
Just want to see if anyone else had problem
We are trying to help each other here, so calm down

Then what does that tell you? Your service guy doesn't know what he is talking about. Like I said go to the web page or call the number if you have questions or getting jerked around by your service guy. I am calm. I have this problem and mine is a coupe. I read through the whole webpage.

This is on the front page of the website at http://www.e46subframeclassactionsettlement.com/ :

If You Have Ever Owned Or Leased A 1999-2006 Model Year BMW 3 Series Vehicle, You May Be Entitled To Class Action Settlement Benefits.

Under the terms of a proposed class action settlement, class members may present their 1999-2006 Model Year BMW 3 Series vehicles to an authorized BMW dealership for inspection and, if needed, repair of the vehicle's sub-frame. Class members may also be entitled to reimbursement of sub-frame repair expenses that they previously incurred.

Who and what vehicles are covered?

You may be able to receive benefits under the settlement if you are a United States resident who currently owns or leases a 1999-2006 Model Year BMW 3 Series vehicle, or formerly owned or leased a 1999-2006 Model Year BMW 3 Series vehicle and paid for repairs of the vehicle's sub-frame.

Went to the dealer today to return my 335
and ask them about it, even printed it out for them
Again they said the coupe or vert are not under this class,
so will check with another dealership

Originally Posted by ELO168

Went to the dealer today to return my 335
and ask them about it, even printed it out for them
Again they said the coupe or vert are not under this class,
so will check with another dealership

Look, you need to tell that $tealer that you are going to report them for not honoring the Class Action Settlement. You should of said I want to speak directly with your manager about this issue and I don't want to get the runaround again. I know all about the e46 Class Action lawsuit which was settled. I know all e46 cars apply and I want mine checked for this defect.

I received the letter and I have a e46 2001 330CI. I can't help your $tealer is giving your the literal shaft but you need to stand up for your rights and tell them to FSCK off. You should of called that telephone number like I informed you and got the information direct from them. The last person I would believe is a $tealer.

Don't mean to be rough on you, but you have to stand up for your rights and let them know you mean business you know wtf you are talking about.

Being direct, assertive and sometimes a dick will get you what you want most of the time and if it doesn't come back with a re-approach and kick them where it hurts.

I'm used to handing situations like this I guess, but it just pisses me off when a $tealer either, one lies or two simply doesn't know wtf they are talking about and speaks as if it's 100% factual.

My suggestion to you: Call the Class Action Settlement # and tell them what's going on. Then call the dealership and ask to speak directly to the manager on duty and tell him what exactly has been going on and who (name) of the individual who has twice told you NO. Next if they stall or lie call BMW NA and tell them what's going on and see what they say. Let BMW NA know you will be calling back to the Class Action Settlement # after they tell you what they are going to do to fix this situation. I'm sure you will probably get a call back from the dealership and an apology if you had to go as far as BMW NA which I doubt once you speak with a manager at the dealership.

Always skip by the lowly CSRs or Service Reps and speak to Managers when you get stonewalled....then go up the chain until you get a resolution. Works 99% of the time.

Now go kick some ass.

Originally Posted by ELO168

Went to the dealer today to return my 335
and ask them about it, even printed it out for them
Again they said the coupe or vert are not under this class,
so will check with another dealership

335's arent e46, therefore they dont qualify

GOOD NEWS!

I just received a letter from Gilardi & Co. LLC today with a check enclosed from BMW of North America for the full amount of my subframe repair!

Before I had heard about this class action lawsuit, and when I was researching 3-series cars leading to my purchase of my 03 ZHP, I had Turner Motorsport install their subframe reinforcement kit. I promptly submitted all my paperwork within days of receiving my letter about this approved settlement.

For those of you who made a claim, hang in there, a check could very well be on the way!!!

I just a check from BMWNA today with the full amount of my claim. It took about 3 months since I sent my claim... Yeah!!!

Is this a problem with e46's world wide or just the ones sold in USA?

I plan on taking my e46 323i in this week. Is there anything... i should know before hand?? In my mind, it seems to me like they will try to NOT find the problem bc they don't want to pay.
I spoke with a friend who had his e46 inspected with found zero problems and the dealer said "they yet to find one with a problem"

Now, I know I have some rear end noise. No clunks... just some odd noises. Im just not sure if it the subframe, or subrame mounts, or RSM's. My car is an auto so it is less prone to the problem.

I wonder if I can view the car while they are inspecting it??

I went through the subrame tearing failure on my old,first 1992 e36. It had like 160,000 miles and just tore out. It ended up costing me like $1800. BUT, that was years ago. Needless to say, the same dealer I am bringing my e46 to inspected my e36.

Just got a $1k check from the subframe settlement!

Came home earlier, opened Saturday's mail... And a check for $1004.30 just came in from BMWNA. Wooohooo!. BTW, I had the TMS subframe reinforcement kit installed propr to a subframe tear!!! I think my original bill was around $1300... Sweeeeeeeeeeeeet!