2001 BMW 330CI Air Bagssidewindow Problems

INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6) I WAS REAR ENDED WHILE STOPPED AT A TRAFFIC LIGHT IN DECEMBER OF 2009. MY DRIVERS SIDE AIR BAG AS WELL AS THE DOOR MOUNTED SIDE AIR BAG DID NOT ENGAGE. THE INSURANCE CARRIER TOTALED MY VEHICLE, A 2001 BMW 330CI - VIN # [XXX] . *TR

I WAS MAKING A LANE CHANGE IN ORDER TO MERGE ONTO THE FREEWAY TRAFFIC. WITHOUT HITTING ANY OBJECTS, UNEXPECTED DEPLOYMENT OF THE FRONT SIDE AIRBAG (DRIVER SIDE) OCCURRED. MY HEAD WAS HIT BY SOME FLYING OBJECTS FROM THE DEPLOYMENT. VEHICLE WAS PULLED OVER TO THE SHOULDER AND COULDN'T BE STARTED AFTER THAT FOR ALMOST 15 MINS. FINALLY CHP SHOWED UP AND HELPED ME TO START MY CAR SO THAT I COULD DRIVE IT TO LOCAL DEALER. AFTER FEW DAYS OF "INVESTIGATION", THE DEALER DECIDED IT WAS NOT THE FAULT OF THE AIRBAG SYSTEM. INSTEAD, THEY BLAMED MY REAR TIRE ON MY PASSENGER SIDE CAUSING THE DEPLOYMENT. AS A RESULT, THEY REFUSED TO REPAIR THE VEHICLE UNDER BMW'S COST. *JB