NHTSA Complaint #11642915 — 2022 BMW X3

I am reaching out with an official complaint regarding a defect in my BMW X3 M40i, which I purchased in November 2024 from Beverly Hills BMW with a mileage of 8,500 miles. The vehicle was certified under BMW’s CPO program, and I additionally purchased an extended warranty. Shortly I began experiencing discomfort while driving. When my back is fully pressed against the seat and my head rests on the headrest, my line of sight is not straight at the windshield but is instead shifted leftward, closer to the A-pillar. This misalignment significantly impairs visibility, making it difficult to maintain a proper driving position and increasing the risk of an accident. Additionally, this issue causes discomfort in operating the vehicle and results in back pain during long drives. I visited my local BMW dealer in Palm Springs, as the original dealer is quite far, and requested an inspection. The service foreman acknowledged something felt off, and an appointment was scheduled for an engineer’s evaluation on January 27, 2025. However, on January 29, my vehicle was returned to me with the claim that no issues were found. I asked how the engineer had inspected the seat and was informed that measurements were taken. When I requested photographic evidence of these measurements, I received images showing an engineer using nothing more than a simple wooden stick instead of professional measuring instruments such as levels, tape measures, or lasers. This method is completely inadequate for an objective and precise assessment of a potential structural defect. Even in these images, it is apparent that the seat is misaligned. Since the official assessment failed to provide objective results, I conducted my own measurements using a 360-degree laser level and determined that: The driver’s seatback is shifted 2 cm closer to the driver’s door; The seat is rotated at a noticeable angle toward the A-pillar. I hope for your assistance, as the seat frame is damaged and using the car is unsafe.