NHTSA Complaint #10382842 — 1999 BMW 323I

WE WERE DRIVING DOWN SEPULVEDA BLVD. IN LOS ANGELES, CA AT 7:30 PM. WE BELIEVE WE HIT A POTHOLE AT 35 MPH. THERE WAS NO DAMAGE TO THE TIRES OR WHEELS, BUT THE SIDE IMPACT CURTAIN AIRBAG ON OUR 1999 BMW 323I SUDDENLY DEPLOYED. WE RESEARCHED RECALLS ON OUR VEHICLE. WE FOUND THE FOLLOWING: NHTSA CAMPAIGN ID NUMBER: 02V223000 SUMMARY: ON CERTAIN 4-DOOR PASSENGER VEHICLES, THE SIDE AIR BAG SYSTEM COULD DEPLOY IN CERTAIN NON-CRASH IMPACTS, SUCH AS WHEN CONTACTING LARGE POTHOLES OR CURBS AT SUBSTANTIAL SPEEDS. CONSEQUENCE: THIS COULD CAUSE THE SIDE AIR BAG AND HEAD PROTECTION SYSTEM TO DEPLOY WITHOUT AN ACTUAL SIDE CRASH OR IMPACT SEVERE ENOUGH TO CAUSE SIGNIFICANT VISIBLE DAMAGE TO THE VEHICLE. UNEXPECTED DEPLOYMENT OF THE SIDE AIR BAG COULD CAUSE SERIOUS INJURY IF THE OCCUPANT'S HEAD IS RESTING NEAR THE SIDE AIR BAG. REMEDY: DEALERS WILL RECALIBRATE THE CENTRAL AIR BAG CONTROL MODULE TO REDUCE THE POSSIBILITY OF SUCH A NON-CRASH DEPLOYMENT. OWNER NOTIFICATION BEGAN OCTOBER 25, 2002. OWNERS WHO TAKE THEIR VEHICLES TO AN AUTHORIZED DEALER ON AN AGREED UPON SERVICE DATE AND DO NOT RECEIVE THE FREE REMEDY WITHIN A REASONABLE TIME SHOULD CONTACT BMW AT 1-800-831-1117. WE CONTACTED BMW AT THE ABOVE 800 NUMBER. WE WERE TOLD THAT BASED ON OUR VIN # THAT WE WERE NOT A PART OF THE RECALL. BEING THAT OUR CAR IS THE SAME YEAR, MAKE AND MODEL OF THE CAR IN THE RECALL, AND THAT THE EXACT CONSEQUENCE DID OCCUR, IT SEEMS ODD THAT BMW IS SAYING THAT WE ARE NOT A PART OF THE RECALL. NOW, BMW WANTS THOUSANDS OF DOLLARS TO FIX THE PROBLEM, WHICH IN ALL APPEARANCES IS A MANUFACTURER FAULT. *TR