NHTSA Complaint #10821825 — 2000 BMW 328I

REAR DRIVER'S SIDE SUBFRAME MOUNT POINT FAILURE. THE CAR HAS GONE THROUGH CLASS ACTION SUIT IN 2009, AND WAS INSPECTED BY BMW IN 2010--WAS TOLD EVERYTHING IS OK AND IT WILL NOT FAIL SINCE ONLY ONES WITH VISIBLE DEFECT WILL FAIL. BUT MINE FAILED ANYWAY 5 YEARS LATER. THIS SHOWS EVEN IF THE DAMAGE/DEFECT IS NOT VISIBLE IT CAN MANIFEST ITSELF AT ANY TIME. I WAS DRIVING ABOUT 20MPH ON CITY STREETS GOING STRAIGHT, ACCELERATING FROM A STOP, SHIFTING GEARS FROM 2ND TO 3RD WHEN A LOUD EXPLOSIVE BANG WAS HEARD FROM THE REAR WITH AN ALARMING JOLT THAT TRIGGERED AN INTERIAL LOCK ON SEATBELTS, MADE ALL OCCUPANTS SCREAM IN SHOCK AND CHILDREN CRYING. INSPECTION OF UNDERCARRIAGE REVEALED THAT THE FLOOR PAN WHERE THE REAR DRIVER SIDE SUBFRAME ATTACHES TO HAS COMPLETELY SHATTERED, LEAVING DRIVER SIDE OF THE SUBFRAME, DIFFERENTIAL, AND REAR AXLE FLOATING WITH CHUNKS OF SHEETMETAL FROM MOUNT POINT MISSING. I HAVE BEEN ADVISED BY TWO INDEPENDENT MECHANICS THAT THIS IS A DANGEROUS FAILURE AND I SHOULD NOT BE DRIVING THE CAR, AND THE ONLY REASON OF FAILURE IS DEFECT IN THE CAR. MECHANICS BELIEVE THIS FAILURE POSES SERIOUS SAFETY HAZARD SAYING IT CAN EASILY SEPARATE THE REAR AXLE AND IF THIS HAPPENS WHILE DRIVING, THE SEPARATED REAR AXLE WILL PULL ON THE EMERGENCY BRAKE CABLE AND LOCK IT UP, IMMEDIATELY STOPPING THE CAR. IF THIS HAPPENS ON A FREEWAY IT CAN CAUSE CATASTROPHIC COLLISION INCIDENT, ENDANGERING LIVES. THEY WERE SHOCKED THE CAR WAS NEVER FORMALLY RECALLED FOR SAFETY. HUNDREDS OF CARS ARE AFFECTED AND THIS IS JUST ONE GLIMPSE OF THE EXTENT OF THE FAILURES: HTTP://FORUM.E46FANATICS.COM/SHOWPOST.PHP?P=16850066&POSTCOUNT=1473 IT IS APPALLING THAT SUCH DANGEROUS DEFECT THAT IS SO WELL-KNOWN AND PREVALENT IN 1999-2000 BMW 3 SERIES HAS NEVER BEEN RECALLED TO MAKE BMW ACCOUNTABLE. REPAIR ESTIMATE MIN. $5000