2008 BMW 328I

RECALL OMISSION & SAFETY DISPUTE (Case #10683843): I am reporting two documented safety defects in my 2008 BMW 328i (N51 engine) that are identical to existing Federal Safety Recalls but have been omitted from the recall VIN list for this model year. 1. AIRBAG SYSTEM FAILURE (Recall 17V-428): The vehicle has a confirmed Fault Code 93C3 (Passenger Seat Occupancy Mat). This is the exact failure mode described in Recall 17V-428. This defect has deactivated the front passenger airbag system, as indicated by the red SRS warning light. The manufacturer has refused to address this as a safety recall, despite the component failing in the identical manner described in the 2006 model year recall. This creates an immediate risk of injury or death to front-seat passengers in the event of a crash. 2. ENGINE STALL RISK (Recall 23V-707): This vehicle utilizes the same aluminum VANOS housing bolts that are currently under Safety Recall 23V-707 for 2010–2012 models. These bolts are known to loosen and shear, causing sudden engine stalling while in motion. Despite the high risk of a high-speed stall and loss of power steering/braking, the manufacturer is excluding 2008 models from the recall remedy. DEALER/MANUFACTURER RESPONSE: The vehicle was inspected by a dealer in October 2024 (Invoice #156201), but the safety warning light was not documented on the repair order. A subsequent formal request for assistance (Case #10683843) was denied verbally by the manufacturer's regional management, who stated the vehicle is excluded from the recall based on its VIN, regardless of the active safety system failure. I am requesting a formal investigation into this Recall Omission to ensure these safety-critical repairs are provided to all affected vehicles.

The vehicle’s "Passenger Airbag Off" light and dashboard SRS warning lamp are illuminated. A diagnostic scan using a BMW-specific tool confirms manufacturer Fault Code 93C3 (Passenger Seat Occupancy Detector). This indicates a hardware failure of the OC3 internal seat sensor mat. Safety Risk: The failure of this sensor prevents the vehicle from correctly identifying if an adult is in the passenger seat. This compromises the Supplemental Restraint System (SRS) and may result in the passenger airbag failing to deploy during a collision, posing a significant risk of injury or death to the occupant. Confirmation of Problem: The fault was confirmed via a digital diagnostic system (Foxwell NT510) which identified the specific "Open Circuit" within the seat mat. The component is currently installed in the vehicle and is available for inspection. Connection to Existing Recalls: This failure is identical in symptoms and fault code to those described in NHTSA Safety Recall 17V-428. Although this vehicle is the same year and model (2008 BMW 3-Series) as those covered in the recall, the VIN was excluded from the initial recall range. This appears to be a recall omission of a known manufacturing defect, as the failure occurred despite minimal use of the passenger seat.

UNKNOWN since I have bought my 2008 bmw 328i I had one recalled fixed on my dash I have the air bag light and the brake light tire light service engine soon light on my door locks would work some times and then I had to open my car from the driver side manually then my drivers side window won't roll all the way up only half way then my car just wouldn't start out of the blue replace the starter ran for three weeks and wouldn't start again and has been sitting for a month now my passenger seat belt won't click in sometimes and my warranty is out but the recalls I have read are just what my car is doing I would like this matter to be looked in to and my car repaired at no cost its a safety issue an inconvenience and has cost me money wise extremely .

TL* THE CONTACT OWNS A 2008 BMW 328I. THE CONTACT STATED THAT WHILE DRIVING AT APPROXIMATELY 30 MPH, THE BRAKE PEDAL WAS DEPRESSED AND SLOWED DOWN A SIGNIFICANT AMOUNT BUT CRASHED INTO ANOTHER VEHICLE. THE DAMAGE WAS MINIMAL. THE VEHICLE HAD ONLY RECEIVED SCUFF MARKS ON THE BUMPER, HOWEVER, ALL AIR BAGS, FRONT AND REAR, HAD DEPLOYED. THE DRIVER WAS THE ONLY PERSON IN THE VEHICLE. THE VEHICLE WAS DESIGNED TO SHUT OFF DURING ANY IMPACT THEREFORE IT WAS UNABLE TO RESTART. THE VEHICLE WAS TOWED. A POLICE REPORT WAS NOT FILED. THE CONTACT STATED THEY ONLY RECEIVED AN INJURY FROM THE AIR BAG ON THEIR RIGHT FOREARM. MEDICAL ATTENTION WAS NOT NEEDED. THE CONTACT CONTACTED THE DEALER (BMW OF LAS VEGAS 6900 W SAHARA AVE, LAS VEGAS, NV 89117; (702) 570-0279) WHO INFORMED THE CONTACT THAT THERE WERE NO RECALLS ON THEIR VEHICLE RELATING TO THE AIR BAGS. THE MANUFACTURER WAS MADE AWARE OF THE FAILURE. THE MANUFACTURER CONFIRMED THAT THE VIN WAS NOT INCLUDED IN THE RECALL AND OPENED A CASE REGARDING THE MATTER. THE APPROXIMATE FAILURE MILEAGE WAS 159,000.*DT CONSUMER STATED AIRBAG LIGHTS CAME ON AND OFF BEFORE THE INCIDENT. VEHICLE HAS NOT BEEN REPAIRED.*JB

WHEN FRONT PASSENGER IS SEATED, LIGHT INDICATES PASSENGER SEAT AIR BAGS ARE TURNED OFF! EVEN WITH ADULTS SEATED. MAINTENANCE STATED LIKELY SEAT SENSOR FAULTY. FRUSTRATED TO SEE THIS IS A KNOWN PROBLEM FOR THIS VEHICLE THAT WAS REPAIRED FOR ONLY ONE YEAR OF THE 3 YEARS AFFECTED. HOW MANY PEOPLE MUST DIE FIRST? HAPPENS STOPPED AND IN MOTION. *TR

THE 2008 BMW 3 SERIES WITH SPORT SEATS, HAS THE SAME ISSUE OUTLINED IN RECALL #08V384000, ACTION NUMBER EA08001. THE FRONT PASSENGER SEAT AIRBAG SENSOR MAT IS DEFECTIVE, AND AIRBAGS MAY NOT DEPLOY IN AN ACCIDENT. THE 2008 328I WITH SPORT SEATS SHOULD BE ADDED TO THE AFOREMENTIONED RECALL. THIS ISSUE OCCURS WHEN THE FRONT PASSENGER SEAT IS OCCUPIED, DUE TO CRACKS IN THE MAT.

AS SOON AS THE VEHICLE IS STARTED A WARNING WILL POP UP FOR 'PASSENGER RESTRAINT SYSTEM MALFUNCTION' CAUSED BY THE SEAT OCCUPANCY SENSOR FAILING ON THE FRONT PASSENGER SEAT. THE WARNING WILL STAY ON AND NOT GO AWAY. A PREVIOUS RECALL FOR SIMILAR YEAR MODELS HAS BEEN ANNOUNCED BUT IT DIDN'T COVER ALL AFFECTED VEHICLES DUE TO SIMILAR SENSORS BEING USED ACROSS ALL THESE YEAR MODELS. BMW WANTS TO CHARGE 1000+ DOLLARS FOR THIS SENSOR REPAIR DUE TO THEM SAYING THIS IS AN 'UNAFFECTED VEHICLE'. WITHOUT THIS SENSOR WORKING PROPERLY, IN THE EVENT OF A COLLISION, THE PASSENGER AIRBAG COULD NOT DEPLOY WHICH CAN CAUSE SERIOUS INJURY OR DEATH. BMW REFUSES TO DO ANYTHING ABOUT THIS WITHOUT A RECALL ANNOUNCED, OR WITHOUT THOUSANDS OF DOLLARS BEING SPENT JUST FOR THE SAFETY OF MY PASSENGERS.

THE PASSENGER AIRBAG LIGHT IN MY DASHBOARD IS CONSTANTLY ON. THE CAR THINKS THAT A SMALL CHILD IS SITTING ON THE SEAT AND DISENGAGES THE AIRBAG. SO NOW THE AIRBAG IS IS COMPLETELY DISENGAGED EVEN WHEN SOMEONE IS SITTING IN THE PASSENGER SEAT. I'VE TAKEN MY VEHICLE TO BMW DEALERSHIP AND THEY CHECKED MY VIN AND SAID IT'S NOT PART OF THE RECALL AND WANT TO CHARGE ME $2000 FOR THE REPAIR. I BELIEVE MY SEAT SENSOR IS THE SAME ONE THAT IS BEING RECALLED BUT NOT ENOUGH OWNERS WITH THE SAME VEHICLE HAVE FILED A FORMAL COMPLAINT WITH NHTSA. THE TWO RECALLS THAT THE NHTSA HAS RECALLED ARE 17V-428 AND 17V-605. WHY ARE THOSE MODELS THE ONLY ONE BEING RECALLED WHEN THERE'S DEFINITE MALFUNCTION WITH THE OC3 AIRBAG SEAT SENSOR? MY CAR IS THE E93 MODEL WHICH IS THE CONVERTIBLE MODEL, I BELIEVE THAT BECAUSE THIS MODEL WAS PRODUCED LESS THAN THE 4 DOOR SEDAN AND THAT MOST PPL WITH CONVERTIBLES DON'T HAVE A PASSENGER SITTING IN THE PASSENGER SEAT. I HAVE A DAUGHTER THAT SITS IN THE PASSENGER SEAT EVERYDAY AND I BELIEVE THAT IS WHY IT MALFUNCTIONED. MY CAR IS A 2008 E93 328I. I BELIEVE THE SAME AIRBAG PASSENGER MAT SEAT SENSOR IS THE SAME ONE BMW HAS RECALLED FOR THEIR 2006 AND 2007 E90 AND E91 MODELS AS WELL AS THE 2006-2010 X3 MODELS THAT ARE BEING RECALLED. PLEASE INCLUDE THE 2008 E93 MODELS AS THESE ARE THE SAME AIRBAG SENSORS THAT NEED TO BE RECALLED.

TL* TAKATA RECALL. THE CONTACT OWNS A 2008 BMW 328I. THE CONTACT STATED THAT THE VIN WAS INCLUDED IN NHTSA CAMPAIGN NUMBERS: 16V071000 (AIR BAGS), 17V683000 (ENGINE AND ENGINE COOLING), AND 17V676000 (ELECTRICAL SYSTEM). THE PREVIOUS OWNER HAD NOT HAD THE RECALL REPAIRS PERFORMED PRIOR TO THE CONTACT PURCHASING THE VEHICLE. THE CONTACT STATED THAT THE ABS AND EMERGENCY BRAKE INDICATORS WERE FLASHING. IN ADDITION, THE AIR BAG WARNING INDICATOR FLASHED AND THEN REMAINED ILLUMINATED. THE CONTACT ALSO STATED THAT THE VEHICLE STALLED MORE THAN ONCE. THE CONTACT WAS UNSURE IF THE VEHICLE WOULD RESTART AFTER IT WAS SHUT OFF. KOVACS MOTORS (707-996-4149, LOCATED AT 19190 SONOMA HWY, SONOMA, CA 95476) WAS NOTIFIED OF THE FAILURES. THE VEHICLE WAS NOT DIAGNOSED OR REPAIRED. THE MANUFACTURER WAS NOTIFIED OF THE FAILURES. THE FAILURE MILEAGE WAS NOT AVAILABLE.

TL* THE CONTACT OWNED A 2008 BMW 328I. WHILE DRIVING, THE VEHICLE ACCELERATED WITHOUT WARNING. THE DRIVER DEPRESSED THE BRAKE PEDAL, BUT IT FAILED TO STOP THE VEHICLE. AS A RESULT, THE DRIVER CRASHED INTO A TREE. THE AIR BAG FAILED TO DEPLOY. THE DRIVER SUSTAINED ARM INJURIES THAT DID NOT REQUIRE MEDICAL ATTENTION. A POLICE REPORT WAS NOT FILED. THE VEHICLE WAS TOWED TO A TOW LOT. THE DEALER WAS NOT CONTACTED. THE VEHICLE WAS DESTROYED. THE MANUFACTURER WAS NOTIFIED OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS 130,000.