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

416K views 870 replies 412 participants last post by  bradleyhenry94 
#1 ·
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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#42 ·
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??? :confused:
 
#49 ·
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???
 
#51 ·
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
 
#57 ·
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.
 
#61 ·
Just got my letter in the mail. Have yet to read all the info and understand all the implications, but this is getting interesting...
 
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