NHTSA Complaint #10198463 — 2006 BMW 3 SERIES

I WAS DRIVING MY 2006 BMW M3 CONVERTIBLE WITH THE TOP DOWN AND SECURED ON THE HIGHWAY. WHEN, ALL OF A SUDDEN THE REAR BOOT COVER WHICH STORES THE CONVERTIBLE ROOF OPENS ON IT'S OWN AND SLAMS AGAINST THE ROOF, WHICH I WAS DRIVING ON THE FREEWAY. THE THUMP AND AIR RESISTANCE ALMOST CAUSED ME TO LOOSE CONTROL OF MY VEHICLE, BUT I WAS ABLE TO GET OFF THE FREEWAY. THE COMPLETE CONVERTIBLE MECHANISM WAS NOT FUNCTIONING AFTER THIS EVENT, AND I BROUGHT IT TO THE NEAREST BMW DEALERSHIP WHICH IS WHERE I PURCHASED MY VEHICLE TO BEGIN WITH. AFTER A DAY OR SO, I WAS TOLD I HAD TO COME TO THE DEALERSHIP AND DRIVE THE VEHICLE HOME BECAUSE THEY HAD TO HAVE A FACTORY REP INSPECT THE VEHICLE AND IT WOULD TAKE UP TO A FEW WEEKS. NOT UNTIL I CALLED BMW CUSTOMER RELATIONS, DID THEY SAY IT WAS A MISTAKE BY THE TECHNICIAN AND THAT I WOULD BE ABLE TO LEAVE MY VEHICLE AT THE DEALERSHIP AND GET A RENTAL CAR. ON AUG 3, 2007 A LITTLE OVER A WEEK FROM THE EVENT, I WAS TOLD THAT THEY WOULD NOT COVER THIS REPAIR UNDER WARRANTY, AND DID NOT STATE WHY? I BEGAN TO MENTION HOW I NEARLY LOST CONTROL OF MY VEHICLE, AND IT WAS AN OBVIOUS MALFUNCTION, AND I INSISTED THEY SEND ME DOCUMENTATION WHICH STATED WHY THEY DID NOT BELIEVE THE VEHICLE WAS COVERED UNDER WARRANTY. THE SERVICE MANAGER CONTINUED TO WAFFLE BACK AND FORTH, AND DID NOT SEND ME THE PROPER PAPERWORK BUT SAID HE WOULD CONTACT ME BY THE END OF DAY OR THE FOLLOWING MONDAY BECAUSE HE WAS GOING TO HAVE ANOTHER FACTORY REP TAKE A LOOK AT THE VEHICLE. *JB