2000 BMW 328CI

I OWN A 2000 BMW 328 CI. IT ALSO HAS HAD A REAR END SUB FRAME FAILURE THAT THEY HAVE BEEN FOUND AT FAULT FOR BY THE STATE OF CA IN A LAWSUIT DATED IN 2006. I BROUGHT MY CAR TO THEIR ATTENTION AND THEY ADMITTED THIER FAILED DESIGN, AND BECAUSE SOMEONE HAD TO TRIED TO REPAIR IT BEFORE THEY SOLD IT TO ME, OF COURSE WITHOUT INFORMING ME ABOUT, THEY REFUSED TO DO WARRANTY WORK ON IT, BECAUSE A FEEBLE ATTEMPT AT REINFORCING A FAILED SUB FRAME MOUNT. FAST FORWARD TO NOW, THEY OFFERED ME 2000 DOLLARS ON A 6100 DOLLAR REPAIR BECAUSE THEY HAVE ADMITTED FAULT. NOW THEY RE-NAGGED THEIR OFFER, BECAUSE RATHER THAN DOING IT THEIR WAY, I HAD THE MOUNTS UPGRADED WITH BETTER STEEL AND MOUNTS RATHER THAN USE THEIR FAILED DESIGN. THEY CONTINUE TO TELL ME THEY ARE DOING ME A FAVOR, WHEN IT IS THEIR FAILED DESIGN IN THE FIRST PLACE, WHICH THEY ADMIT TO. WHEN IS IT A FAVOR FOR BUYING A CAR THAT HAS A FAILED FRAME DESIGN, AND HAVING THE COMPANY NOT TAKE RESPONSIBILITY FOR IT WHEN THE FAILURE COULD BE THE REAR END FALLING OUT, AS HAS OCCURRED TO MANY PEOPLE, AND SOMETHING THEY ADMIT TO. THIS IS VERY DANGEROUS, AND ALSO GOES AGAINST EVERY TYPE OF DESIGN ETHICS THOUGHT TO EXIST. WHEN COMPANIES FAIL ON THIS CALIBER, IT HAS THE SAME POTENTIAL TO KILL SOMEONE FOR SOMETHING THEY KNOW NOTHING ABOUT. *TR

THIS IS A FOLLOW-UP COMPLAINT TO MY NHTSA-ODI 10503685 INCIDENT DESCRIPTION, WHICH DESCRIBES A SERIOUS SUBFRAME FAILURE THAT OCCURRED TO MY CAR. THE FORTUNATE SURVIVORS OF THE MANY SUBFRAME FAILURE INCIDENTS WHO FILED A BMW 3-SERIES AUTOMOBILE SUBFRAME FAILURE COMPLAINT HAVE ALLEGED THAT THE FAILURE WAS CAUSED BY A DEFECTIVE SUBFRAME ASSEMBLY DESIGN IN THESE CARS. ACCORDING TO THE NHTSA, ALL "COMPLAINT INFORMATION WILL BE ENTERED INTO NHTSA-ODI'S VEHICLE OWNER'S COMPLAINT DATABASE AND USED WITH OTHER COMPLAINTS TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS." "IF A SAFETY-RELATED DEFECT EXISTS IN A MOTOR VEHICLE OR ITEM OF MOTOR VEHICLE EQUIPMENT, THE MANUFACTURER MUST PROVIDE A REMEDY AT NO COST TO THE OWNER." "WE DO NOT HAVE TO RECEIVE A SPECIFIC NUMBER OF COMPLAINTS BEFORE WE LOOK INTO A PROBLEM." "WE GATHER ALL AVAILABLE INFORMATION ON A PROBLEM." "YOUR COMPLAINT IS IMPORTANT TO US." THIS COMPLAINT SPECIFICALLY ALLEGES THAT THE MANY BMW 3-SERIES SUBFRAME FAILURE SAFETY COMPLAINTS HAVE (1) NOT BEEN USED BY THE NHTSA "TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS." (2) BMW IS NOT PROVIDING A REMEDY AT NO COST TO OWNERS BECAUSE THE NHTSA HAS EITHER NOT INVESTIGATED THE COMPLAINTS AT ALL, OR HAS NOT INVESTIGATED THEM SUFFICIENTLY TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS (!) (3) THESE COMPLAINTS ARE OF THE UTMOST IMPORTANCE TO ALL OF US WHO HAVE FILED THE COMPLAINTS. THE MISSION OF THE NHTSA SHOULD BE TO DETERMINE IF A SAFETY-RELATED DEFECT TREND EXISTS IN ORDER TO PREVENT CRASHES, FIRES, INJURIES, AND FATALITIES; NOT VICE VERSA. NHTSA, I AM ASKING YOU TO PROMPTLY INVESTIGATE THESE BMW 3-SERIES SUBFRAME FAILURE SAFETY COMPLAINTS IN ORDER TO DETERMINE ONCE AND FOR ALL IF A SAFETY-RELATED DEFECT TREND EXISTS. *TR

THE REAR SUBFRAME ASSEMBLY TORE OFF AT THE LEFT REAR DIFFERENTIAL/AXLE MOUNT POINTS, RENDERING THE CAR UNSAFE TO DRIVE. BMW OF NORTH SCOTTSDALE (SCOTTSDALE, AZ) INSPECTED THE DAMAGE AND VERIFIED THAT THE CAR WAS UNSAFE TO DRIVE. THE FAILURE OCCURRED ON A SMOOTH HIGHWAY. INSPECTIONS BY BMW OF NORTH SCOTTSDALE, PENSKE AUTOMOTIVE COLLISION, AND MERCURY AUTO INSURANCE AGENTS FOUND NO EVIDENCE OF IMPACT. THE CONSENSUS OF EXPERT OPINION IS THAT THE FAILURE WAS DUE TO METAL FATIGUE, AND THAT THIS IS A MAJOR SAFETY ISSUE WITH BMW E46 3 SERIES AUTOMOBILES. THE INEVITABLE SUBFRAME FAILURE IN THESE CARS, IN MANY INSTANCES HAVING OCCURRED AT LOW ODOMETER MILEAGE, HAS THE POTENTIAL TO CAUSE A MAJOR ACCIDENT AND CONSEQUENT LOSS OF LIFE. I WAS TOTALLY UNAWARE OF THIS SAFETY ISSUE IN MY CAR BEFORE THE FAILURE OCCURRED, BECAUSE BMW HAS NEVER ISSUED A RECALL CAMPAIGN FOR INSPECTION AND REPAIR. *TR

AROUND CHRISTMAS OF 2012 I STARTED TO NOTICE A CLUNKING NOISE IN THE REAR OF MY CAR WHEN TORQUE IS APPLIED TO THE BODY OF THE CAR BY THE DIFFERENTIAL. THIS IS AN INDICATION OF THE BODY'S SUBFRAME FAILING. BMW NEEDS TO ISSUE A FULL RECALL FOR EARLY MODEL E46 CARS. I DO NOT HAVE A JOB AND NOW MY CAR IS A HAZARD TO DRIVE DUE TO THIS ISSUE; THIS MAKES IT NEARLY IMPOSSIBLE FOR ME TO FIX EFFECTIVELY. *TR