NHTSA Complaint #10701844 — 2000 BMW 328I

I WAS DRIVING 20 MPH AND ACCIDENTALLY HIT A POT HOLE IN THE ROAD. AFTER DOING SO THE 2000 BMW 328I DROVE NORMALLY. HOWEVER AFTER THIS INCIDENT I BEGAN TO HEAR A CLUNKING NOISE IN THE REAR AREA OF THE VEHICLE EVERY TIME I PUT THE VEHICLE IN DRIVE. I TOOK IT TO THE REPAIR SHOP FOR AN ANALYSIS AND WAS TOLD THERE IS A TEAR IN THE SUBFRAME. THE MECHANIC TOLD ME THE CAR IS NOT REPAIRABLE BECAUSE THE 1999 TO 2006 BMW 3 SERIES HAVE A MANUFACTURING SUBFRAME DEFECT, AND THAT ONCE THE DIFFERENTIAL BEGINS TO SEPARATE FROM THE DEFECTIVE SUBFRAME THE VEHICLE IS RENDERED WORTHLESS. HE SAID THAT THE VEHICLE IS TOTALLY UNSAFE TO DRIVE BEEN WITH TRYING TO REPAIR IT BECAUSE OF THE INHERENT DEFECT. I CALLED MY INSURANCE COMPANY, USAA, EXPLAINED THE PROBLEM AND FILED A CLAIM. THEIR ADJUSTER LOOKED AT THE VEHICLE AND REPORTED THAT IT IS A TOTAL LOSS AND IS UNSAFE TO DRIVE. HOWEVER, THE ADJUSTER SAID USAA WILL NOT PAY ANYTHING ON THE CLAIM BECAUSE IT IS A PRE-EXISTING MANUFACTURING DEFECT THAT BMW SHOULD BE RESPONSIBLE FOR. I CONTACTED BMW AND FOUND THAT A CLASS ACTION LAWSUIT WAS FILED YEARS AGO BECAUSE OF THE MANUFACTURING SUBFRAME DEFECT RENDERING THE VEHICLES UNSAFE TO DRIVE AND WORTHLESS. BMW PAID FOR REPAIRS TO RE-WELD THE SUBFRAME BUT QUIT PAYING IN 2006. BMW ACCEPTS NO RESPONSIBILITY FOR ITS DEFECTIVE MANUFACTURING OF MY CAR, SO NOW I HAVE A CAR THAT IS TOTALLY WORTHLESS AND CAN ONLY BE SOLD FOR PARTS. BMW'S REFUSAL TO RECALL AND BE RESPONSIBLE FOR THE MODEL YEARS FOR WHICH IT MANUFACTURED DEFECTIVE SUBFRAMES, THEREBY CREATING A SAFETY HAZARD THAT COULD END IN DEATH FOR THE CAR'S OCCUPANTS, IS INEXCUSABLE. BMW SHOULD TAKE RESPONSIBILITY AND BE REQUIRED TO RECALL ALL OF THE AFFECTED VEHICLES AND REIMBURSE ALL PERSONS LIKE MYSELF FOR MANUFACTURING A DEFECTIVE CAR THAT IS A SERIOUS SAFETY HAZARD AND CAUSES THE VEHICLES TO BECOME WORTHLESS ONCE A TEAR OCCURS IN THE SUBFRAME. *TR