NHTSA Complaint #10149406 — 2000 BMW 3 SERIES

HAVE YOU NOTICED THAT THERE ARE OVER FORTY (40) COMPLAINTS ABOUT THE BMW 3-SERIES REAR SUBFRAMES? THEY ARE SCATTERED AMONG THE VARIOUS 3-SERIES MODEL NUMBERS (I.E. 3-SERIES, 323, 323CI, 328, 328CI.325, 325CI, ETC.) THIS IS ALL BASICALLY THE SAME CAR. A TECHNICIAN TOLD ME THAT THE REAR AXLE CARRIER OF THESE MODELS WERE MANUFACTURED WITH AN INHERENT DEFECT. THAT IS, ONE OF THE MOUNTING POINTS IS TOO WEAK TO ABSORB THE NORMAL, EVERYDAY VIBRATION FROM THE TORQUE OF THE MANUAL TRANSMISSION. AS A RESULT, THEY MANUFACTURED A REPLACEMENT PART THAT IS NOW STRONGER AND REINFORCED. THE FACT THAT THIS PROBLEM DOES NOT HAPPEN WITH ANY TYPE OF FREQUENCY ON ANY OTHER BMW CAR, EXCEPT FOR THE 3-SERIES THAT WAS INTRODUCED IN 1999, IS ENOUGH TO FORCE BMW TO ISSUE A RECALL. IN ADDITION, THE FACT THAT THE REPLACEMENT PART IS REINFORCED IS THE EQUIVALENT OF BMW "ADMITTING" THAT THE ORIGINAL REAR AXLE CARRIER HAD A DESIGN DEFECT. BMW HAS REFUSED TO ACKNOWLEDGE ITS RESPONSIBILITY FOR THIS GLARING DEFECT IN THE CAR'S STRUCTURE DESPITE THIS DEFECTS NEVER HAVING OCCURRED IN ANY OTHER BMW -- OR ANY OTHER CAR FOR THAT MATTER HOWEVER, IT IS MY UNDERSTANDING THAT BMW ISSUED A RECALL FOR THIS EXACT SAME PROBLEM IN EUROPE. PLEASE EXPLAIN WHY THE TRANSPORTATION AUTHORITIES HERE IN THE U.S. HAVE NOT FORCED BMW TO ISSUE A RECALL. HOW CAN BMW JUSTIFY NOT HAVING A RECALL IN THE U.S. WHEN THEY'VE ISSUED A RECALL IN EUROPE FOR THE EXACT SAME THING? PLEASE LET ME KNOW IF YOU CAN DO ANYTHING OR IF A CLASS ACTION LAWSUIT IS MY ONLY RESORT. IN ONE OF THE COMPLAINTS LISTED BELOW, THE CONSUMER REPORTED THAT BMW PAID FOR THE ENTIRE REPAIR. YET IN ALL OTHER COMPLAINTS, BMW MANAGED TO AVOID HAVING TO PAY ANYTHING, EVEN FOR CARS STILL UNDER WARRANTY. HOW IS IT THAT AMERICAN CAR MANUFACTURERS HAVE TO ISSUE NUMEROUS RECALLS FOR MUNDANE DEFECTS, BUT BMW MANAGES TO SKATE BY WITHOUT HAVING TO ACKNOWLEDGE A DEFECT THAT THREATENS THE SAFETY OF CONSUMERS? *NM