NHTSA Complaint #10583820 — 2011 BMW 328I

THIS VEHICLE WAS PURCHASED NOV. 2011. EVER SINCE, WE'VE EXPERIENCED THE FOLLOWING: THE MECHANISM/GEAR SEEMS TO WANT TO SHIFT TO A FASTER GEAR WHEN RIDING THE BRAKE AT A LOWER SPEED TO COME TO A STOP, WHICH IN TURN CAUSES THE CAR TO SURGE FORWARD. I HAD AN ACCIDENT DUE TO THIS PROBLEM. I WAS INJURED AND STILL SUFFERING FROM THE ACCIDENT. BMW MECHANICS/ENGINEER INSPECTED THE CAR BUT COULD NOT FIND THE PROBLEM. ALSO, THE CAR SAGS ON THE RIGHT SIDE REAR, WHICH WAS SEEN AND ACKNOWLEDGED BY THE BMW. THEY SAID THAT THE SAG IS WITHIN BMW SPECS. THIS VEHICLE WAS PURCHASED WITH ONLY 3,684 MILES. WE WERE TOLD THAT ONE OF THEIR WEALTHY CLIENTS LEASED IT WHILE WAITING FOR HIS PORCH TO ARRIVE. WE DISCOVERED LATER FROM THE CAR FAX THAT THE VEHICLE HAD A PRIOR OWNER AND WAS PURCHASED FOR COMMERCIAL USE. WE FEEL THAT THIS VEHICLE CAME WITH A DEFECT FROM THE MANUFACTURER. WE CONTINUE TO EXPERIENCE THIS PROBLEM WITH THE VEHICLE, WHICH WE FEEL IS A DANGER TO US AND THE PUBLIC. WE'VE ALREADY HAD TWO ACCIDENTS DUE TO THIS PROBLEM; ONE BY ME AND THE OTHER BY MY HUSBAND. WE DRIVE IT WITH THE AWARENESS OF ITS DANGER BUT ARE NOT ALWAYS IN A SITUATION TO CONTROL THE VEHICLE WITH IT SURGES FORWARD. THANK YOU FOR YOUR ASSISTANCE IN THIS MATTER. *TR