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q0192837465 06-03-2009 03:27 PM

Good News for us E46ers

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.


M3Lover 08-12-2009 10:47 PM

That's good.

thumper 08-13-2009 10:02 AM

wow. i remember walking away from a used e46 m3 because of this... seller first told me it was fine and seemed honest, but after i showed him the inspection report the seller tried to drop the price on me but his dishonesty ruined it for me. a few hundred spent on an inspection saved me thousands in repairs :o

xplodngKeys 08-15-2009 09:35 AM

Theres only one small problem with this class action - the fact that it deals with the American operations of BMW and not the Canadian operations. There are a few guys on the e46fanatics forum from BC that have had this happen to them and they had to call BMWNA's Canadian office and work out a repair service.

The good news for us is that there have been many people in the states and a few in Canada that have had the sub-frame issue and have had it repaired with 100% of the cost borne by BMW. I'm not sure if a loner car was provided in the Canadian examples but they have been in the American ones. As well, Brian Jessel BMW has dealt with one case that I know of where a guy in Surrey had his 2000 323i repaired (andrewmacc on bimmerforums)... and probably even better news for us his car was not always dealer serviced.

At the end of the day its not as easy for us as it is for the Americans but we do benefit from the fact that the one year window to fix the sub-frame is not applied to us. So if your sub-frame fails the day after the window your still good to go for a full repair.... with some arguing and 'enlightening' of BMWNA as they will try and pass off responsibility for the issue.

DJA 11-02-2009 07:50 AM

wow was never aware they had that sort of problem.

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