E46 Chassis News 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

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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

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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

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thanks tim this will solve many asked questions! great info

Great news! Such a love hate relationship LOL

I can see issues with that if they find aftermarket suspension on your car. = (

Originally Posted by SmoKeNfLY

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!!

Will this apply to all North American E46's? (i.e. Canadian)

This could be good news. I am still ok on my sub frame, but would eliminate a sense of worry. Great article. Thanks!

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?

great news! I wonder when this will happen with the auto reverse problem

Originally Posted by deadbear

Will this apply to all North American E46's? (i.e. Canadian)

Settlement indicates USA only.

Thanks Tim, you the man!

Originally Posted by shorty101

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!

it would be better if we could get our subframes reinforced regardless of failure or not

Originally Posted by SmoKeNfLY

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.

Originally Posted by shorty101

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.

Originally Posted by jeffro3000

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..............

Originally Posted by fmzip

Surely excluded a good majority of forum members..............

We could put stock suspension back on?

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

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...

Originally Posted by Swedishbrick

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 ?