NHTSA Complaint #10779408 — 2004 BMW 530I

SUBJECT: 2004 BMW 535I ON OCTOBER 30,2012 JUST AFTER HURRICANE SANDY HIT THE EAST COAST OF NEW JERSEY, I HAD OCCASION TO USE MY 535I. WHILE DRIVING I NOTICED VARIOUS WARNING AND FAULT LIGHTS FLASHING ON THE CONTROL PANEL, LOSS OF POWER AND THE CABIN BEGAN FILLING WITH SMOKE. WITH GREAT DIFFICULTY, I MANAGED TO PULL ACROSS SEVERAL LANES TO THE SIDE OF THE MULTI-LANE HIGHWAY I WAS ON (ROUTE 42N). UPON INSPECTION I FOUND 6-8 INCHES OF WATER IN THE TRUNK WHEEL WELL. UNDER THE SPARE TIRE I OBSERVED A BURNING AND SMOKING MSM POWER MODULE. I SUBSEQUENTLY BROUGHT THE CAR TO MY LOCAL BMW DEALER IN TURNERSVILLE, NJ. THE DEALER REFUSED ANY LIABILITY OR FAULT FOR THE $3000 REPAIR WHICH INCLUDED REPLACING AND RELOCATING THE MSM POWER MODULE, REPLACING THE RADIO SYSTEM, CLEANING WATER STAINS FROM THE HOOD LINER AND TRYING TO ALLEVIATE THE SMOKE ODOR. I CAME TO FIND OUT THERE WAS A SERVICE BULLETIN TO RELOCATE THE MSM POWER MODULE HIGHER IN THE TRUNK FROM ITS ORIGINAL POSITION AT THE BOTTOM OF THE WHEEL WELL. THE DEALER LIED AND TOLD ME WATER HAS LEAKED INTO THE TRUNK VIA LOOSE TRUNK RIVETS. I LATER DETERMINED THE WATER ENTERED THE TRUNK FOLLOWING CLOGGED SUNROOF DRAINS. THE DEALER DID NOT DENY THAT COULD HAVE HAPPENED BUT REFUSED TO COVER THE DAMAGES. BMW SHOULD BE SUED AS I'VE DETERMINED THIS ISSUE IS NOT ATYPICAL AND COULD LEAD TO A DISASTER. [XXX] [XXX] INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6).'*JB