NHTSA Complaint #11044232 — 2007 BMW X5

I HAVE DISCOVERED A SERIOUS PROBLEM WITH MY 2007 X5. I LIVE IN SOUTH FLORIDA AND AFTER A HEAVY RAIN, I NOTICED THAT THE TRUNK OF MY CAR WAS FILLED WITH WATER. I REMOVED 3.5 GALLONS OF WATER. I WENT TO START THE CAR BUT AS YOU CAN IMAGINE WITH THE BATTERY AND ELECTRONIC COMPONENTS BEING COVERED IN THAT MUCH WATER, IT WAS UNSUCCESSFUL. ONCE I HAD REMOVED THE WATER AND LET IT DRY OUT I CHARGED THE BATTERY AND WAS ABLE TO START THE CAR. WHEN I GOT IT TO START, THE DASHBOARD LIT UP LIKE A CHRISTMAS TREE. MY ABS, TRACTION CONTROL, BRAKE, CHECK ENGINE, 4X4 LIGHTS ALL LIT UP AMONGST SOME OTHER WARNING LIGHTS. I WAS UNABLE TO PUT THE CAR IN DRIVE OR REVERSE AND HAD TO MANUALLY PUSH IT IN THE GARAGE. THE CAR IS STUCK IN A LIMP MODE/SAFE MODE. AFTER I HAD DONE SOME RESEARCH ON THE ISSUE I DISCOVERED THAT THIS IS A WELL KNOWN PROBLEM FOR BMW'S. I LEARNED THAT THERE WAS A US DISTRICT COURT RULING AGAINST THIS ISSUE AND THAT BMW 5 SERIES CARS BETWEEN 2004-2010 WERE COVERED IN A RECALL. THE RECALL IS DUE TO FAULTY WATER DRAIN TUBES COMING FROM THE SUNROOF AND WHEN THEY GET CLOGGED THE WATER DRAINS INTO THE TRUNK WHERE THE BATTERY IS LOCATED AMONGST OTHER IMPORTANT ELECTRONIC ELEMENTS. I HAVE CONTACTED MY LOCAL BMW DEALER AS WELL AS BMW OF NORTH AMERICA AND ALTHOUGH THEY ARE QUITE AWARE OF THIS ISSUE THERE'S NOTHING THEY CAN DO FOR ME AS THE RECALL PERTAINS ONLY TO THE 5 SERIES VEHICLES. IT'S FRUSTRATING THAT BMW IS WELL AWARE OF THE PROBLEM BUT BECAUSE THE CLASS ACTION LAWSUIT SPECIFIES ONLY 5 SERIES CARS THEY CAN USE THAT AS A LOOPHOLE AND LEAVE OTHERS TO PAY FOR THE REPAIRS.