NHTSA Complaint #10308594 — 2008 BMW X5

THE GEAR SHIFTING/TRANSMISSION IN MY 2008 3.0 X5 IS AN ONGOING AND DANGEROUS PROBLEM FROM DAY 1. THE CAR DOES NOT ACCELERATE RELIABLY AND I HAVE HAD MANY NEAR COLLISIONS. I HAVE BEEN COMPLAINING TO BMW SERVICE (PORT CHESTER, NY) SINCE SEPT. 3 2008. I PURCHASED THE CAR NEW AT THE END OF MAY 2008. BMW SERVICE TOLD ME BMW USA WAS AWARE AND THERE WAS A "SOFTWARE UPDATE" COMING THE BEGINNING OF OCT WHICH SHOULD ADDRESS THIS PROBLEM. I CALLED THE SERVICE CENTER IN OCT AND WAS TOLD NO UPDATE WAS RELEASED YET. I CALLED BMW OF NORTH AMERICA ON OCT 6 AND WAS TOLD THAT THERE WAS A SYSTEM UPDATE RELEASED TO ADDRESS THIS ISSUE AND THEY WOULD CONTACT THE SERVICE CENTER MANAGER. I LEFT SEVERAL MESSAGES BEFORE HE RETURNED MY CALL. THE UPDATE WAS INSTALLED ON OCT 14, 2008. THERE WAS ABSOLUTELY NO IMPROVEMENT TO THE HESITATION/STALLING. ON EACH SUBSEQUENT SERVICE VISIT I COMPLAINED OF THIS SAME ISSUE. EACH TIME THEY ACKNOWLEDGED THE PROBLEM. I HAD A TEST DRIVE WITH THE REPAIR FOREMAN WHO ADMITTED THAT BMW WAS WELL AWARE OF THIS ISSUE. IT WAS A NEW SYSTEM THAT WAS DESIGNED TO GET BETTER GAS MILEAGE AND WAS "REACTIVE" TO THE OWNERS DRIVING STYLE. IT WAS NOT WORKING AND THEY DID AWAY WITH IT FOR NEW VEHICLES. THE REPAIR FOREMAN HAS SEEN MANY 2008 3.0 X5'S WITH THIS PROBLEM. I WAS TOLD A SECOND UPDATE WAS COMING TO FIX THE PROBLEM. ON SEPT 28, 2009 THE UPDATE WAS DONE UPDATE, WHICH AGAIN DID NOTHING. I ADVISED BMW I WAS FILING A COMPLAINT WITH THIS AGENCY.WITHIN A FEW DAYS SOMEONE CALLED TO SAY THEY WOULD TAKE CARE OF THIS PROBLEM AND SERVICE MANAGER WOULD CALL. I NEVER HEARD FROM ANYONE AGAIN AT BMW SERVICE. I HAD A NEAR MISS ACCIDENT AGAIN. BMW IS HIDING THIS DANGEROUS PROBLEM FROM THE PUBLIC!! INTERESTINGLY, WHEN I COMPLAIN, BMW DOES NOT ENTER THE COMPLAINT INTO THEIR SYSTEM, BUT ALWAYS SAY THEY WILL LOOK INTO IT. ARE THEY HIDING THESE COMPLAINTS? PLEASE HELP ME BEFORE IT IS TOO LATE. THERE ARE MANY OTHERS WITH THIS PROBLEM. *TR