NHTSA Complaint #10693402 — 2009 BMW X5

***UPDATE TO NHTSA ID COMPLAINT NUMBER: 10662420.*** VEHICLE VIN IS [XXX]. BMW X5 2009 XDRIVE48I (V8 MODEL). [THIS VIN IS NOT RECOGNIZED BY NHTSA VIN LOOKUP / DATABASE.] BMW INVESTIGATION WAS BEING HANDLED BY [XXX] IN "SPI" (SPECIAL PRODUCTS INVESTIGATION), WHO WAS GENERALLY NON-RESPONSIVE TO PHONE CALLS AND EMAILS. THE FEW RESPONSES RECEIVED WERE DELIBERATELY EVASIVE AND / OR FALSIFIED PURPORTED ATTEMPTS TO RETURN CALLS. CASE WAS TRANSFERRED TO [XXX] IN EXECUTIVE CUSTOMER CARE, WHO INDICATED THAT SPI WAS UNABLE TO DETERMINE THE CAUSE OF THE BRAKE FAILURE BECAUSE THEY NEVER RECEIVED THE DEFECTIVE COMPONENT. (NOTE: THE FAULTY COMPONENT WAS HANDLED BY BMW SERVICE AT CENTURY WEST BMW IN LOS ANGELES, WHO STATED THAT THE PARTS HAD BEEN SENT TO SPI FOR INVESTIGATION.) BMW STATES THAT SINCE THEY HAVE BEEN UNABLE TO ANALYZE THE FAILED COMPONENT, IT IS POSSIBLE THAT THE FAILURE WAS DUE TO REASONABLE WEAR AND TEAR AND NOT DUE TO A MANUFACTURER'S DEFECT. (THEY ARE THEREFORE TAKING THE POSITION THAT THEY ARE UNWILLING TO COVER THE MINOR DAMAGE THAT WAS SUSTAINED TO THE REAR OF THE VEHICLE WHEN THE BRAKES FAILED WHILE REVERSING.) I AM VERY CONCERNED THAT BMW HAS NOT HANDLED A POTENTIALLY DEADLY FAULT WITH DUE CARE. IT IS UNACCEPTABLE THAT 3 MONTHS AFTER A BRAKE FAILURE EVENT, THEY HAVE BEEN UNABLE TO CARRY OUT A PROPER INVESTIGATION INTO THE CAUSE OF THE FAILURE. IT IS ALSO UNACCEPTABLE THAT BMW BELIEVES A 5 YEAR OLD VEHICLE COULD SUFFER A CATASTROPHIC BRAKE FAILURE AND THAT SUCH A FAULT COULD BE WITHIN THE REASONABLY EXPECTED WEAR AND TEAR CYCLE OF THE COMPONENTS. THIS POSITION PUTS THE LIVES OF ROAD USERS IN THE VICINITY OF A 5 YEAR OLD OR 60,000 MILE BMW WITH POTENTIALLY DEFECTIVE BRAKING COMPONENTS IN PERIL. INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6). *TR