NHTSA Complaint #10763359 — 2015 BMW 428I

I AM WRITING TO VOICE A CONCERN ABOUT A SIGNIFICANT SAFETY FLAW WITH NEWER MODEL BMW CARS, INCLUDING MY 2015 428I GRAN COUPE. UPON TURNING ON TO A MAJOR ROAD, THE CAR SUDDENLY FAILED TO ACCELERATE TO A SPEED OF MORE THAN 10-15MPH. WITH TRAFFIC QUICKLY APPROACHING FROM BEHIND AT ~50MPH, THE ONCOMING CAR HAD TO SWERVE TO AVOID HITTING ME DUE TO MY LOSS OF ACCELERATION, AND WE BOTH BARELY AVOIDED A MAJOR ACCIDENT. AFTER HAVING THE CAR TOWED TO THE BMW DEALERSHIP, THE SERVICE DEPARTMENT TOLD ME AFTER A THOROUGH INSPECTION THAT THERE WAS NO MECHANICAL PROBLEM WITH THE CAR, AND A SOFTWARE MALFUNCTION HAD CAUSED A "DRIVETRAIN MALFUNCTION" WHICH RESULTED IN THE LOSS OF POWER. THEY CONSULTED WITH BMW AND WERE TOLD TO UPGRADE THE CAR'S SOFTWARE AND MONITOR TO SEE IF IT HAPPENS AGAIN. AFTER QUESTIONING THE SERVICE DEPARTMENT FURTHER, I WAS TOLD THAT IT IS POSSIBLE FOR THIS PROBLEM TO HAPPEN AGAIN, THAT THEY HAVE SEEN IT HAPPEN IN OTHER BMW MODELS IN ADDITION TO MINE, AND THAT THEY HAVE SEEN CASES WHERE BMW CARS WITH THIS PROBLEM HAD REPEAT EVENTS EVEN AFTER UPGRADING THE SOFTWARE. I ASKED IF THEY HAD HEARD OF THIS OCCURRING WHILE TRAVELING AT HIGH SPEEDS ON A HIGHWAY, WHERE A BMW CAR SUDDENLY HAD A SOFTWARE-DRIVEN "DRIVETRAIN MALFUNCTION" AND LOSS OF POWER, AND THEY SAID YES. I TALKED TO BMW NORTH AMERICA TO VOICE MY CONCERN FOR SAFETY, AND THEY LOOKED INTO MY CASE AND TOLD ME THERE WAS NOTHING ELSE TO DO. MY CASE WAS CLOSED WITHOUT FURTHER INVESTIGATION INTO THIS SIGNIFICANT SAFETY FLAW. I HOPE YOU UNDERSTAND MY CONCERN FOR SAFETY AND I WOULD GREATLY APPRECIATE YOUR HELP IF THERE IS ANYTHING YOU CAN DO TO MAKE BMW TAKE THIS ISSUE SERIOUSLY. I AM HOPING THAT THERE WILL NOT HAVE TO BE MULTIPLE ACCIDENTS, INJURIES, AND FATALITIES (AS IN THE RECENT HIGH PROFILE GENERAL MOTORS CASE) BEFORE BMW WILL ADDRESS THIS PROBLEM SERIOUSLY. THANK YOU FOR YOUR TIME AND EFFORT IN READING THIS. *TR