2004 BMW 3 SERIES Power Train Problems

AN ALMOST FATAL CRASH. CAR WAS BACKED UP FROM GARAGE IN THE MORNING INTO THE STREET, PUT IN D POSITION BUT THERE WERE NO POWER TO THE WHEELS FOR APPROXIMATELY 5 TO 10 SECONDS. CAR APPROACHING FROM BEHIND ON THE STREET NEEDED TO SWERVE TO AVOID REAR ENDING MY CAR. THIS PROBLEM HAPPENS CONTINUOUSLY WHEN THE CAR IS COLD (SITTING FOR MORE THAN 8 HOURS). THERE IS A DELAY OF ABOUT 10 SECONDS FOR POWER TO ENGAGE IN D POSITION. ACCORDING TO ONLINE CUSTOMER COMPLAINTS AND BMW DEALER, THIS CRITICAL SAFETY ISSUE IS RELATED TO A SOFTWARE ISSUE IN THE TRANSMISSION. A SOFTWARE UPGRADE FIXES THE PROBLEM BUT WHEN APPROACHING BMW FOR THIS CRITICAL SAFETY ISSUE, THEY REFUSE TO PROVIDE THE SOFTWARE UPGRADE FOR FREE AND THE DEALER WANTS TO CHARGE $360 TO UPDATE THE TRANSMISSION SOFTWARE. *TR

MY VEHICLE IS A BMW 325, 2004 AND I HAVE HAD ISSUES WITH MY REVERSE. WHEN I PLACE MY CAR IN REVERSE, IT DOES NOT MOVE. I HAVE READ OF SEVERAL ISSUES PERTAINING TO THIS PROBLEM IN BMW VEHICLES FROM 2000 - 2005. MOREOVER, I UNDERSTAND THAT THERE WAS A CLASS ACTION LAW SUIT THAT WAS SETTLED IN NJ. I WOULD LIKE TO UNDERSTAND IF THE NHTSA IS PURSUING AND INVESTIGATION INTO THIS MATTER. *TR