NHTSA Complaint #10086688 — 2003 BMW M3

2004 BMW M3 CONVERTIBLE. I WAS ON MY WAY HOME AND DECIDED TO PUT THE TOP DOWN. I HAVE OWNED THE VEHICLE FOR APPROX. 6 MONTHS AND HAVE PERFORMED THIS OPERATION A COUNTLESS NUMBER OF TIMES (I LIVE IN SOUTHERN CALIFORNIA). I WAS DRIVING AROUND 40 MPH WHEN I LOOKED IN THE REAR VIEW AND NOTICED THAT THE STOWAGE LID WAS COMPLETELY UP. I PULLED OVER AND PERFORMED THE OPERATION, BUT IT WOULD NOT CLOSE. I IMMEDIATELY CALLED SOS AND THEY WERE NOT ABLE TO ASSIST ME. ON FRIDAY, AUGUST 6, I TOOK THE CAR TO BEVERLY HILLS BMW WHERE THEY INSPECTED THE CAR AND DETERMINED THAT IT WAS MY NEGLIGENCE WHICH CAUSED THE PROBLEM. ACCORDING TO THEM, I DID NOT COMPLETE THE TOP DOWN OPERATION AND WAS DRIVING AROUND WITH THE LID OPEN. I ASSURED THEM THAT THIS WAS NOT THE CASE AND THAT I AM POSITIVE THAT I HAD WAITED FOR THE WINDOWS TO COME UP (WHICH ONLY HAPPENS AFTER THE OPERATION IS COMPLETE). THE SERVICE MANAGER TELLS ME THAT THERE IS NO OTHER WAY FOR IT TO COME UP AND THAT WARRANTY WOULD NOT COVER THE BENT HINGES BECAUSE I HAD CAUSED IT. HINGES WERE REPLACED AT MY EXPENSE BY THE DEALER. I AM ABSOLUTELY SURE THAT I HAD COMPLETED THE OPERATION AND IT IS MORE LIKELY THAT AN ELECTRONIC MALFUNCTION POSSIBLY RELEASED/UNLOCKED THE LATCHES HOLDING THE STOWAGE LID IN PLACE (OR POSSIBLY SOME OTHER MALFUNCTION), AND I SHOULD NOT BE RESPONSIBLE FOR THE DAMAGES WHICH SUBSEQUENTLY OCCURED.