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Old 06-07-2009, 06:57 PM   #1
Steve@ASPTuning
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News for E46 Owners and Subframe issues!!

Quote:
Proposed Class Settlement for Owners and Lessees of 1999-2006 BMW 3 Series Vehicles


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.
I wonder if this will apply to Canadians? As this lawsuit is in the USA and is outside of our jurisdiction.


More info here: http://www.girardgibbs.com/bmwe46.asp

Steve
ASPTuning
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Old 06-07-2009, 07:25 PM   #2
Mr seville
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about time this was looked at. kind of ridiculous that it had to go this far though....
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Old 06-07-2009, 09:57 PM   #3
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Originally Posted by Steve@ASPTuning View Post
I wonder if this will apply to Canadians? As this lawsuit is in the USA and is outside of our jurisdiction.


More info here: http://www.girardgibbs.com/bmwe46.asp

Steve
ASPTuning
I wondered that too, BMW Canada probably knew about this ruling,realistically, it should be covered by BMW Canada since the cars are the same.

There was a guy in Vancouver who had the subframe tear on his Z3 (awhile back) and his was repaired free by BMW Canada.
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Old 06-08-2009, 10:17 AM   #4
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I need to inspect my car, but I wonder, my car is a US model imported to canada, I think I may get screwed by both sides
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Old 06-09-2009, 04:59 PM   #5
Dr. Flyview
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Interesting. What about e36 owners?? We got shit subframes too! Or is it even worse on the e46s??
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Old 10-28-2009, 04:33 PM   #6
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Originally Posted by piotrek636 View Post
I need to inspect my car, but I wonder, my car is a US model imported to canada, I think I may get screwed by both sides


I too have a U.S. car, and I just witnessed a stock '06 getting a subframe reinforced at a local body shop to me. I tried to take a few pictures but my phone camera wouldnt work cause it was low on battery juice unfortunately. They were cutting out the whole subframe railing out and they had the new panel sheet sitting on stands waiting to be welded in. I also know of another mechanics shop called nixon automotive that have their own subframe reinforcement kit and have done the repair many times over already on the e46 m3's. This problem with the subframes is not only happening to the u.s. cars, but to canadian too and that's cause our cars come from the same factory as theirs so they have the same defect. If hte U.S. have the priviledge of a free inspection/repair, we should too.

If you've already gone to the dealer or called bmw canada let me know what you found out.
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Old 10-28-2009, 05:26 PM   #7
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BMW Canada is a bitch and didn't cover mine.
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Old 11-05-2009, 06:32 PM   #8
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Most likely they saw all the mods on your car.
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Old 11-07-2009, 05:06 PM   #9
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Most likely they saw all the mods on your car.
Nah, mine first showed signs of cracking at 65k, w/no mods full service history, original owner and they still refused to fix it. **** BMW CANADA!!!
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Old 11-07-2009, 07:15 PM   #10
whoami
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Mines in the shop right now getting fixed

2000 323i .. at 102km

BMW of Mississauga took care of me
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Old 11-09-2009, 08:30 PM   #11
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Mines in the shop right now getting fixed

2000 323i .. at 102km

BMW of Mississauga took care of me
I'm glad their doing the right thing for you; but 4 years ago when mine cracked they refused to; so I had 2 options; pay out of pocket for repairs or scrap a car I paid good money for.

Still Hyundai and Kia build cars that don't experience such failures; I love driving BMW's but really subframes cracking is ridiculous; especially considering they did on E36's too.
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Old 11-12-2009, 03:28 PM   #12
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Elite BMW in Ottawa told me they knew nothing of this and wont be doing anything about it. Apparently they spoke with the warranty people on this and they denied it. From what I read it looks like 2 people from Toronto got it taken care of. It's not like this is a light bulb or anything, Im a little concerned but I also wont pay for an inspection. So I don't know, guess Ill roll the dice.
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Old 11-12-2009, 09:03 PM   #13
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Elite BMW in Ottawa told me they knew nothing of this and wont be doing anything about it. Apparently they spoke with the warranty people on this and they denied it. From what I read it looks like 2 people from Toronto got it taken care of. It's not like this is a light bulb or anything, Im a little concerned but I also wont pay for an inspection. So I don't know, guess Ill roll the dice.
Hundreds (if not thousands) of people in Ontario had it covered; much of the work was done "quietly & covertly" at Don Valley Collision. When I paid to have mine repaired they had dozens of E46's on-site with torn sub frames lined up for repair paid by BMW Canada; yet BMW Waterloo claimed to have no knowledge of the tearing issue; even when presented with the TIS from BMW Germany. Classic case of deny deny deny.
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Old 11-12-2009, 09:57 PM   #14
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Elite BMW in Ottawa told me they knew nothing of this and wont be doing anything about it. Apparently they spoke with the warranty people on this and they denied it. From what I read it looks like 2 people from Toronto got it taken care of. It's not like this is a light bulb or anything, Im a little concerned but I also wont pay for an inspection. So I don't know, guess Ill roll the dice.
As you know, it's a known issue and BMW Canada will look at it in a case by case issue(kinda pity), I dont mind spending time collecting all pertinent information regarding the sub frame tear issues and sue BMW Canada to recover my repair cost in small claim court.
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Old 11-13-2009, 08:25 AM   #15
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How can you tell you have a torn subframe?
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