NHTSA Complaint #10898292 — 2004 BMW 325XI

BMW JOINTLY OWNED VEHICLE, WAS NOT RETURNED TO CUSTOMERS ON DEMAND, NOR SWAPPED AS IS CUSTOMARY BUSINESS PRACTICE (I.E. BMW REPAIR/RECALLED FOR BMW LOANER CAR), AND HELD FOR UNREASONABLE AMOUNT OF TIME. BMW RECALLED THE VEHICLE, IN PART, DEFECTIVE AIRBAGS, AND WAS TO SEND A CONSENT FORM TO THE CUSTOMERS PRIOR TO ORDERING PARTS/REPAIRS. THE CUSTOMERS NEVER RECEIVED THE CONSENT FORM AS ASSURED AND EXPRESSED CONCERNS ABOUT THE BMW WHO DAMAGED THE VEHICLE IN THEIR POSSESSION OR DISABLED STATE. JULY 15, 2016 BMW FLATBED DELIVERED WITH UNIDENTIFIED CHEMICALS/TOXINS THAT RESULTED IN FRONT END PHYSICAL DAMAGES AND/OR TOXINS IN BMW THAT RESULTED IN "POISON EXPOSURE", TOXOLOGY TESTS PENDING. THE TOXINS MAYBE AIRBAG CHEMICALS, SODIUM AZIDE, HYDRAZOIC ACID, OR OTHERS, AND NEED BMW TESTED. PLEASE INFORM ON WHO SPECIFICALLY PERFORMS THESE TESTS OR AGENCY THAT DOES QUICKLY DUE TO THE TOXIC NATURE. BMW HAD A DUTY TO DISCLOSE THESE FACTS TO CUSTOMERS, INSURANCE, GOVERNMENT, AND OTHERS. 49 USC SAFETY ACT 30101. DOT STATES 'LOANER VEHICLE' IS CUSTOMARY PRACTICE IN AIRBAG RECALL, AN OBLIGATION OEM DEALERSHIP, THUS REQUEST THE PROCESS IN SECURING THE LOANER VEHICLE OR REINSTATEMENT. BMW BY AFFILIATES, UNILATERALLY TOOK BMW LOANER WITHOUT PROVIDING A REPAIRED BMW, UNFAIR EXCHANGE, AND WAS RETURNED IN A DISABLED STATUS. 'BUT FOR' WRECKED/RECALLED DEFECTIVE BMW, A LOANER WOULD NOT HAVE BEEN REQUIRED, SAFETY ACT, 49 USC 30101. PLEASE RESPOND IN WRITING, THE PROCESS TO (1) SECURE CHEMICAL TESTS; (2) VEHICLE SAFETY REVIEW OR DECONTAMINATION, AND (3) LOANER CAR APPROVAL PROCESS FOR INSURANCE. NHTSA SAFETY ACT, 49 USC 30101 DELEGATED BY SECRETARY OF TRANSPORTATION, 49 CFR 1.95, INSPECT/INVESTIGATE 30166(B)(1); CIVIL PENALTIES 30165(B); ENSURE RECALLED 30118-119; ADEQUACY OF RECALLS 49 USC 30120(C)(1), ACCELERATE REMEDY PROGRAMS 30120(C)(3); AND OTHER 49 USC 30166(G): BMW LOANER