BMW Sub-frame Defect Class Action Lawsuit

[Mark CSL]

BMW Sub-frame Defect Class Action Lawsuit (http://forum.e46fanatics.com/showthread.php?t=679669)

Proposed Class Settlement for Owners and Lessees of 1999-2006 BMW 3 Series Vehicles


On October 24, 2006, Girard Gibbs filed a class action complaint against BMW of North America, alleging that 1999-2006 [/URL] vehicles suffer from defective sub-frames. According to the complaint, the constant loading and unloading associated with normal driving can weaken the sub-frame to the point where it cracks and separates from the chassis, resulting in thousands of dollars of damage to the vehicle. The complaint alleges that BMW was aware of the alleged sub-frame defect, but failed to notify consumers or pay for sub-frame repairs under warranty.

On March 3, 2009, Hon. Judge Dean D. Pregerson granted preliminary approval of a proposed class settlement, under which BMW will reimburse E46 owners or lessees in full for their sub-frame repair expenses. As part of the settlement, BMW has also agreed to implement a National Sub-Frame Inspection and Repair Program. All current owners and lessees of a 1999-2006 BMW 3 series vehicle will be notified of the sub-frame problem and will have one year to present their vehicle for a free inspection and repair (if needed). The Court is scheduled to decide whether to finally approve the proposed settlement on August 3, 2009.

If you would like more information about the BMW sub-frame defect class action lawsuit or proposed settlement, please fill out the form on the right or call us toll free at (866) 981-4800.
Why Girard Gibbs LLP?

Girard Gibbs, a national litigation firm specializing in securities litigation, consumer class actions and complex business litigation, has recovered more than a billion dollars on behalf of its clients. Girard Gibbs' managing...

[URL]http://www.girardgibbs.com/bmwe46.asp (http://www.e46fanatics.com/#)

[sailorbaz]

Does that mean BMW(GB) will be getting in touch with us???

[Mark CSL]

Dont think so baz it looks like bmw usa but you never know :whistle:

[alexk]

Did anyone had an issue ?

[_Nathan_]

Mine had it, Steve Gills had it, plenty of others have had it and plenty more will have it ;)

[shimmy]

I've heard of quite a few both tracked and non tracked

I think you will find over time most of us will have this issue

[alexk]

Did BMW covered the costs of the repair ?

[daniel]

BMW UK don't want to know.

[DazBlackCSL]

Mine did, and was covered under Wty with a bit of effort earlier this year;)

[daniel]

I find it strange that BMW NA launch a free national inspection and repair programm where they actually notify BMW owners of the issue and request they come in for a check up. BMW UK actually go as far as denying there is an issue(!)....

[shimmy]

I find it strange that ...........


why is that strange, normal corporate practice to deny all claims (dont forget all business is these days driven by the lawyers)

[Dan]

I find it strange that BMW NA launch a free national inspection and repair programm where they actually notify BMW owners of the issue and request they come in for a check up. BMW UK actually go as far as denying there is an issue(!)....

Sounds about right the way our country works! :banghead:

Just checked my M3 over the weekend and it's perfect thank god, as fresh as the day it came out the factory, I hope the CSL is the same! :bigcry:

[shimmy]

Just checked my M3 over the weekend and it's perfect thank god, :bigcry:

did you scrape away all the underseal beneath the car........this doesnt always show itself in the boot floor!

[glendog74]

Just checked my M3 over the weekend and it's perfect thank god

did you scrape away all the underseal beneath the car........this doesnt always show itself in the boot floor!

Plus many cracks manifest themselves out of visual sight - underneath where the rear axle and diff are attached to the rear subframe... :banghead:

[AlexGTT]

Plus many cracks manifest themselves out of visual sight - underneath where the rear axle and diff are attached to the rear subframe... :banghead:

Agreed. I get mine checked by a specialist on a regular basis and I'd advise anyone else to do the same. Use your trusted specialist not your dealer for the inspection. When it happens go fully armed to your dealer and be prepared for a battle.

Might be worth having a word with Dazblackcsl for any pointers. I know he had a little bit of agro over it but was all done under warranty.

[Thorney]

Allow for a bit of labour for an inspection, we have to drop down the diff to really get a look.

[Dan]

Didn't scrape away any underseal but it wasn't just me with a torch on the driveway lol it was up on my Dad's MOT ramps and given a thorough inspection as far as we could without starting to remove things.

I understand what you guys are getting at though, fingers crossed it'll be ok but I'll keep an eye on things for sure!

[shimmy]

i saw a couple recently up on ramps and they had the start of the problem in places i never would have found......

if left longer the repairs can be a lot harder and more £££ to put right

if you go near Thorneys or Simpsons etc i recommend getting it checked out

[_Nathan_]

And to be honest once you've dropped the rear subframe to inspect you may as well fix it there and then, especially if you've got after market suspension \ bushes which in many cases would have to be removed before attempting a warranty claim as many dealers will just blame it on AM parts.

If you factor in the cost of removing AM parts, putting back OEM parts, Geo then putting the AM parts back and re-geo you may as well just get Simpsons, Thorney, Geoff Steel, BMSport etc etc to fix it if it is found during inspection, got to be easier than fighting for a warranty claim that may never happen.

[Dan]

i saw a couple recently up on ramps and they had the start of the problem in places i never would have found......

if left longer the repairs can be a lot harder and more £££ to put right

if you go near Thorneys or Simpsons etc i recommend getting it checked out

To be honest my M3 is pretty much good as sold mate, I'll be checking the CSL with a fine tooth comb though and wouldn't have a problem with taking it to either of the above if it had an issue dependent on where they are based :)

[Thorney]

And to be honest once you've dropped the rear subframe to inspect you may as well fix it there and then, especially if you've got after market suspension \ bushes which in many cases would have to be removed before attempting a warranty claim as many dealers will just blame it on AM parts.

If you factor in the cost of removing AM parts, putting back OEM parts, Geo then putting the AM parts back and re-geo you may as well just get Simpsons, Thorney, Geoff Steel, BMSport etc etc to fix it if it is found during inspection, got to be easier than fighting for a warranty claim that may never happen.

Tis fair point.

[thegingerninja]

This might explain a strange clonk that I sometimes get from the rear of the car. I have been able to recreate the sound by reversing into driveway on full lock one way, then driving back out on full lock the other way (as if turning around to drive off in the opposite direction). It is definately not the diff because the sound certainly travels through the shell / suspension. Where abouts should I be looking for failures in the subframe?

[_Nathan_]

Failures aren't in the sub frame but the chassis where the sub frame is mounted, from memory Steve Gill put up some pictures of his failure, worth looking at them.

You may be able to see a crease in the boot floor above the mount as Shimmy said or you may not, my car looked fine until the subframe was dropped but once under it you could see a crack.

[shimmy]

This might explain a strange clonk that I sometimes get from the rear of the car. I have been able to recreate the sound by reversing into driveway on full lock one way, then driving back out on full lock the other way (as if turning around to drive off in the opposite direction). It is definately not the diff because the sound certainly travels through the shell / suspension. Where abouts should I be looking for failures in the subframe?

the 'golf ball in the boot' noise i think if memory serves me well is the rear top mounts?

[DuncanR]

Gingerninja, check the height of the little thingy in the middle of the driveway that you hold the gates shut with mate !!!:hahaha:

[DuncanR]

Thorney, looks my list is growing ever longer mate :bigcry: !!
See you on the morrow as agreed.

[AlexGTT]

Steve's original thread here with lots of useful photo's and detail info on repair:

http://www.cslregister.com/forum/showthread.php?t=1543&highlight=cracks

[The Gorilla]

Hi,

Turners have been selling this
kit for several years now.

http://www.turnermotorsport.com/html/detail.asp?PRODUCT_ID=TDR4675412

Its more common in Cabrio's than Coupes
but can really tear up the underside of the
boot floor, once it starts.

Very poor original BMW design.

Shows how much 'M' cars have become
pure bolt on.

Regards,

The Gorilla.

[NZ_M3]

Its more common in Cabrio's than Coupes
but can really tear up the underside of the
boot floor, once it starts.

Very poor original BMW design.

Shows how much 'M' cars have become
pure bolt on.


http://static.bmwfans.info/images/epc/MTMwMjE2X3A=.png

Sorry Gorilla, but I don't think you are right - this NEVER happens to Cabs - as far as the US reporting is concerned it has never happened (not that I am aware of anyway)

Edit - just checked the part numbers ... part 41 11 7 000 246 (item 16 above - rear axle support - Part 1 and part 16 actually refers to the same part, except 16 is the original part number and 1 is the new repaired part part number - confused yet?) is shared throughout the whole E46 chassis - be it a M or a 316i .. and even on the 4WD versions.

Edit again - just figured this out ...
I was right originally - this DOESN'T happen to the Cabrios - as far as I know it has never been reported on a Cab. This ONLY happens to Coupe, sedans, tourings, 4wd - not the Cabs. The Cabs had a different rear axle support floor from the get go - they were stronger!!

The old production E46 chassis used rear axle support part number 41 00 7 030 266 - this was discontinued and this part was never used on the Cabrio version of the E46 chassis - the Cabrio versions always had part number 41 11 7 000 246 as its rear axle support.

check the part numbers it's all there - these rear axle supports were phased in either as a repair part or quite late in the production (I believe sometime in 2006 - I have to check.)

[The Gorilla]

Hi,

I think if you dig around enough you will
Find Cabrio owners with this problem.

www.bimmerfest.com/forums/showthread.php?t=97056

Regards,

The Gorilla.

[DazBlackCSL]

Agreed. I get mine checked by a specialist on a regular basis and I'd advise anyone else to do the same. Use your trusted specialist not your dealer for the inspection. When it happens go fully armed to your dealer and be prepared for a battle.

Might be worth having a word with Dazblackcsl for any pointers. I know he had a little bit of agro over it but was all done under warranty.


For sure, just remember as Nathan says to take ALL your aftermarket stuff off.
I have a good relationship with my dealer, but it was a bod from BM that had to come out to inspect it, I had removed all bar my AP's, an they approved the work.

Then when it was finished they found a few of entry passes to croft / coombe / brands etc in my glove box, for the CSL cup and then tried to wriggle out of it as they were claiming I had used the car to race :hahaha:

My dealer had to send them links to my race car / pics for the CSL cup to prove why I was there and that I was in my own race car not using my road car !! and had a real battle on email to let them release it :wanker:

even though they had originally given the go ahead, so just be firm, sensible and get on the right side of your dealer as that will help.

But any issues just drop me a PM.

[NZ_M3]

Hi,

I think if you dig around enough you will
Find Cabrio owners with this problem.

www.bimmerfest.com/forums/showthread.php?t=97056 (http://www.bimmerfest.com/forums/showthread.php?t=97056)

Regards,

The Gorilla.

So I guess they do exist, but more the exception rather than the norm unlike what you've stated and certainly I've not seen it on the M3 Cab (I might find a few if I did some digging, but certainly no where as prevalent as the Coupe, sedans and wagons).

[weedavey]

I contacted bmw uk yesterday via e-mail to the tune of " I am looking into purchasing e46 m3 csl and research has indicated a common problem in this model RANGE." I said that the problem is concerning the rear subframe etc etc and that the U.S has seemingly sorted the problem with a recall inspection/repair via a class action lawsuit and asked what the situation is here in the uk concerning the matter.

Just to test the water......

No reply as yet........

[Dan]

Steve's original thread here with lots of useful photo's and detail info on repair:

http://www.cslregister.com/forum/showthread.php?t=1543&highlight=cracks

Some excellent pics and info there, thanks for that :thumbs:

[weedavey]

Just recieved this back.



Dear Mr Thomas Jnr

Thank you for your online enquiry in relation to your research into the E46 M3.

I can confirm that BMW Group UK have not released a national recall in relation to the subframe of the E46 M3. If a customer experiences an issue with their subframe and it is brought to the attention of a BMW Approved Dealership, following inspection, should a manufacturing defect be identified, the dealership can contact us directly to determine if financial support can be provided towards the repair.

Taking this into account, I regret that I am unable to provide you any conclusive information as each case is addressed on its own merits, following the diagnostic results from the inspecting dealership.

If you have any further queries, please do not hesitate to contact me.

Yours sincerely

BMW Group UK
Alan Foster
Customer Service Executive
Ellesfield Avenue
Bracknell RG12 8TA
Tel: 0870 5050160
Fax: 0870 5050205
Mail: customer.service@bmw.co.uk
URL: www.bmw.co.uk



hmm.....

[alexk]

If I take into account what I had to do to replace my vanos, I think it should be feasible to cover it if you phone/email them every day for around 3 weeks.

[Dan]

If I take into account what I had to do to replace my vanos, I think it should be feasible to cover it if you phone/email them every day for around 3 weeks.

So have BMW coughed up under Warranty for both your Vanos and a Subframe repair then mate?

[alexk]

So have BMW coughed up under Warranty for both your Vanos and a Subframe repair then mate?

I had problem with the Vanos, which they covered.
Not with the subframe yet (fortunately)

[Dan]

I had problem with the Vanos, which they covered.
Not with the subframe yet (fortunately)

I see, not too bad then, what was the cost of the Vanos and is it a common occurance for a CSL? (Sorry to go slightly off topic).

[The Gorilla]

Hi,

Old Thread but came across this when
looking for something else.

This is PART 1----

41 01 04 (079)
Cracks in rear axle mount (inspection on customer request)
E46 Situation:In rare cases, cracks can occur in the rear axle mount. Mostly the rear left rear axle mount is affected and in rare cases additionally the front right rear axle mount.

Cracks can occur due to extreme stress as the result of load reversal especially in driving school applications, trailer towing, extreme sport-orientated driving style as well as the installation of non-approved sport suspensions.
Affected vehicles:E46
Procedure:The rear axle mount should be inspected as follows only on the express request of the customer:

Drive vehicle on to vehicle hoist.

Important: Take particular care when lowering the rear axle to ensure that the cable for the tilt sensor is not damaged.

Undo the two rear bolts on the rear axle. Slightly lower the rear axle (approx. 10 cm).

Check the area of the rear left rear axle mount for cracks.

If cracks are found, proceed corresponding to Service Information 41 03 03 (025) .
Reimbursement:Material and labour costs incurred can be claimed through the usual warranty channels subject to current warranty terms.

Defect code 41 00 93 85 00
This defect code is not contained in the official Defect Code Catalogue but has been included in the system, thus enabling warranty claims to be processed.
Checking the rear axle support as part of a workshop visit:Job number00 54 943 Labour5 FRUs
Checking the rear axle support as part of order without additional repair work:Job number00 54 254 Labour6 FRUs
Warranty type1Warranty level 1 (within vehicle warranty) 2 (outside vehicle warranty) Only one of the job numbers specified above may be used for billing. Repairs are to be charged under the defect code specified in Service Information 41 03 03 (025).


And this is PART 2


41 03 03 (025)
Fractures on rear-axle support
E46 Situation:In isolated cases, fractures may occur on the rear-axle support. In most cases, the rear left support is affected. In isolated cases the front right support may also be affected.

These fractures could result in noises from the area of the rear compartment/rear axle.

Fractures may be caused by extreme loads due to strong load shifts, especially in operation in diving schools, trailer towing, an extreme sporty driving style or if non-approved sport suspension systems are installed.
Affected vehicles:E46
Manufacturing period: start of series production until February 2000
Procedure: In case of customer complaint or during inspection, check the rear-axle support for fractures and if necessary fill the area of the rear-axle support with foam. It may be necessary to fit a repair part first.

Following a major repair, the customer must be given a declaration that the vehicle has not depreciated in value as a result of the repair and that the repair was not performed as the result of an accident. ( Please refer to Enclosure 1)

Proceed as follows when examining and performing the repair:

Position vehicle on lifting platform.

Check the area of the rear left rear-axle support for fractures. Fractures may emanate from welding points
(please refer to figure 1).
If no fractures can be found, continue troubleshooting or the inspection.

Figure 1

3. In case of severe damage with fractures greater than 20 mm, continue with point 6.

If minor fractures are found, the rear axle must be lowered slightly. Continue with step 4.

4. Important!
When lowering the rear axle, take care to ensure that the cable for the tilt alarm sensor is not damaged.

- Loosen the two rear-axle bolts.

- Lower the rear axle by approx. 10 cm.

- Check the rear-axle support for fractures again.


5. If fractures smaller than 20 mm are found, continue with point 7. If larger fractures are found, continue with point 6.

6. If fractures larger than 20 mm are present:

- Install the repair part. Please refer to Repair Instructions ”Replacing rear-axle support”, RA 41 11 400.

- Adjust the rear axle

- Perform wheel alignment



Important
Photographic documentation must be compiled prior to performing the repair measures described in point 6. These photos are to be filed in the vehicle records as evidence.

7. If fractures smaller than 20 mm are found, or after the repair part has been fitted, fill the rear-axle member with foam in the area of the rear left rear-axle support.


Note:
The procedure described below is applicable to a single version. Account must be taken for vehicle-specific differences according to prevailing circumstances.


To do this, proceed as follows:

a) Remove the floor trim in the luggage compartment.

b) Prepare holes for injecting cavity foam and structuring foam as follows
(see Fig.2).



Figure 2

- Hole (1) is already present and is sealed with a plug

- Drill hole (2) in the middle between hole (1) and the corresponding hole on the right-hand side of the vehicle:
Used a 10 mm stepped drill bit.

- Hole (3) is already present and is covered by the anti-vibration liner. Expose the hole using suitable tools.




Important.
Use disposable gloves to prevent contact with the skin!

Note:
Before injecting the cavity foam, fill the hose with a trial injection.

c) Inject cavity foam into holes (2) and (3) as follows.

- Hole (2):
Insert hose approx. 120 mm (under hole (2) there is a reinforcement plate with hole already present - the hose must also be fed through this hole).

Inject cavity foam for approx. 1 second (press through once). Pull the hose approx. 3 cm back while injecting.

- Hole (3):
Inject cavity foam for approx. 0.5 second.




Note:
To make it easier to work with the structuring foam, preheat the structuring foam to approx. 60°C, e.g. in a water bath.

d) After approx. 10 minutes waiting period, injec the structuring foam from both cartridges into hole (1) using special tool 41 3 010.

Below this hole, there is another hole through which the hose must also be fed.

Verification of order: Special tool 41 3 010 was dispatched directly to the workshops by the company Cartool and can also be ordered from Cartool using the number stated.


e) Remove any protruding structuring foam from the holes and seal these with plugs.

f) Reassemble the vehicle and allow the foam to harden for 24 hours.



Important
The vehicle must not be driven during the hardening period
(may only be pushed).

Parts:
Description:
Part number:
Quantity:

Fit rear-axle member repair part:





Rear-axle member repair part
41 11 7 000 246
1


Noise insulating material, rear floor
51 48 8 204 055
1


Noise insulating material, luggage compartment floor
51 48 8 204 049
1


Anti-vibration liner
51 48 8 165 271
1


Anti-vibration liner for luggage compartment recess
51 48 8 160 470
1


Small parts as required



Fill rear-axle support with foam:





Cavity foam
83 42 9 410 694
1


Structuring foam
83 42 0 307 530
1


Plug, 10 mm
51 71 1 906 001
1


Plug, 12 mm
07 14 7 127 539
1

Reimbursement:Material and labour costs incurred can be claimed through the usual warranty channels subject to current warranty terms.

If the paintwork is performed by a BMW dealer, net material costs for paintwork, cavity coating and underbody protection can be reimbursed using reimbursement code 04.
If the paintwork is outsourced, i.e. contracted to an outside paintshop, net costs can be reimbursed as outside payment for paintwork using reimbursement code 03.

Direct and indirect costs (loan vehicle, costs for subsequent official inspection, etc.) may be reimbursed through warranty at net price using the appropriate reimbursement code. Documentation should be filed in the vehicle records.

Defect code 41 11 91 01 00
This defect code is not contained in the official Defect Code Catalogue but has been included in the system, thus enabling warranty claims to be processed.
Within the framework of a visit to the workshop - Fill rear-axle member with foam in area of rear-axle support.Job number00 54 847 Labour9 FRUs
In case of order without additional repair work - Fill rear-axle member with foam in area of rear-axle support:Job number00 54 196 Labour11 FRUs
Within the framework of a visit to the workshop - Fit rear-axle member repair part and fill rear-axle member with foam in area of rear-axle support (paintwork outsourced):Job number00 54 848 Labour361 FRUs for Type Code No. AL11
(for other models, please refer to KSD-CD)
In case of order without additional repair work - Fit rear-axle member repair part and fill rear-axle member with foam in area of rear axle support (paintwork outsourced):Job number00 54 197 Labour363 FRUs for Type Code No. AL11
(for other models, please refer to KSD-CD)
Within the framework of a visit to the workshop - Fit rear-axle member repair part, paint and fill and rear-axle member with foam in area of rear-axle support:Job number00 54 849 Labour386 FRUs for Type Code No. AL11
(for other models, please refer to KSD-CD)
In case of order without additional repair work - Fit rear-axle member repair part, paint and fill rear-axle member with foam in area of rear axle support:Job number00 54 198 Labour387 FRUs for Type Code No. AL11
(for other models, please refer to KSD-CD)
Warranty type1Warranty stage 1 (within vehicle warranty)
2 (outside vehicle warranty) A claim for reimbursement can be made under one of the above job numbers
__________________


Worth having on file, just in Case.

Regards,

The Gorilla.

[ac427]

Thanks for the info. Where did you find this information though Gorilla?

[The Gorilla]

Hi,

Ac427- there was a ''Class Action'' in
North Amrecia due to multipile complaints
which kicked all this off.

This information was posted by one
of those involved in that action, who
apparently had the repair works carried out.

Regards,

The Gorilla.

[NZ_M3]

Mr Gorilla

What's your opinion on doing this structural and cavity foam as a preventative measure? i.e. still inject it even when there are no cracks appearing?

I've seen the 'foam' in person and it's actually not a foam - rather a very hard structural epoxy that hardens without expansion - I have also seen the proceedure performed on two cars already and it isn't a large surgery per se ... and the amount of product injected into the cavity is actually quite minor.

Would like to hear your feedback on this.

Not much to it really (great DIY from the person below):

http://www.m3forum.net/m3forum/showthread.php?t=287849

[The Gorilla]

Hi,

NZ_M3- I believe your absolutely correct.

The injection of the Resin would bond the
two metal layers together making for a
lamination of the two skins around
the subframe mounts.

This would then not only spread the load
via the new ''lamination'', but it would
also absorb the 'sawing' or 'tearing'
motion across both skins around the
load points of the subframe mounts
on what was just a single skin.

There are 2 part resins that can be injected
via a hand operated resin gun,
which with a couple of small holes in the
correct places would make this a very simple
but very effective proceedure.

Also with the correct resin it would also still
allow the Sub Frame bolts to be removed
when required so it could be undertaken
with the subframe in-situ, more than likely from
above the boot floor as opposed from underneath.

Regards,

The Gorilla.