1997 BMW 528I

WHILE DRIVING AT NIGHT ON INTERSTATE 5, SOUTHBOUND NORTH OF LOS ANGELES IN VICINITY OF SUN VALLEY, MY 1997 BMW 528I STRUCK A LARGE (30 GALLON) PLASTIC BARREL IN THE ROADWAY, IMPACTING THE LOWER FRONT CENTER/RIGHT OF THE VEHICLE. THE AIR BAGS DID NOT DEPLOY. DAMAGE WAS EXTENSIVE ENOUGH THAT THE INSURANCE COMPANY CONSIDERS IT A TOTAL LOSS (EXCEEDING $12,000). THERE IS A NHTSA RECALL OUTSTANDING ON THE 1997 BMW 5 SERIES (RECALL NUMBER 04V183000) REGARDING DEFECTIVE FRONT SUSPENSION/STRUT COMPONENTS, BUT MY CALL TO BMW AT 800-831-1117 DID NOT RESULT IN ANY ASSISTANCE WITH REGARD TO MY VEHICLE. THEY WERE ONLY ABLE TO CONFIRM TWO OTHER RECALL SERVICES THAT HAD BEEN PERFORMED. MY INSURANCE COMPANY IS OFFERING ME A SETTLEMENT FOR TOTAL LOSS, BUT I WOULD PREFER THAT THE CAR BE REPAIRED AND THAT BMW BEAR THEIR SHARE OF THE COST FOR THE SUBSTANTIAL PORTION OF DAMAGE DUE TO THE KNOWN DEFECT.

I HAVE A 1997 528I BMW. WHEN IT RAINS MY CAR SHIFTS FROM GEAR TO GEAR. I HAD TO HAVE HIGHWAY PATROL ESCORT ME TO THE NEXT TOWN DUE TO THE FACT THAT I WAS ON THE HIGHWAY AND THE CAR CHOSE S2 (SPORT 2ND GEAR) AS THE GEAR IT PREFERRED TO DRIVE IN. I WASN'T ABLE TO DRIVE ANY FASTER THAN 40 MPH UNTIL THE CAR DRIED OUT THE NEXT DAY! *NM

ON 8/23/05 MY BMW 528I VIN#[XXX] BROUGHT IN FOR REPAIRS. ONE OF MY COMPLAINTS THAT DAY WAS THE CAR WOULD HESITATE AND SOME TIMES STALL. MY CAR WAS CONNECTED TO A "CHECK ENGINE COMPUTER SYSTEM" TO DIAGNOSIS THE PROBLEM. MY MECHANIC INFORMED ME THE PROBLEM WAS A "CRANK SENSOR" WHICH HE INFORMED ME WAS RECALLED. HE MADE A CALL TO TULLEY BMW (LOCATED IN NASHUA, NH) IN REGARDS TO THE RECALL BUT THEY CLAIMED THERE WAS NO RECALL ON THAT VEHICLE. MY MECHANIC TOLD ME HE COULD FIX IT HOWEVER HE FELT IT WAS WORTH MY EFFORTS TO PERSUE THE ISSUE FURTHER AT TULLEY BMW. AFTER PICKING UP THE CAR AND GETTING ALL OF THE INFORMATION FROM MY MECHANIC THAT DAY I WENT HOME AND CALLED BMW OF NORTH AMERICA. I GAVE THEM THE RECALL # 99E-A01AND MY VIN #. I WAS INFORMED BY NORTH AMERICA BMW THAT THE RECALL INFORMATION IS CORRECT AND ACCORDING TO THEIR RECORDS MY CAR WAS FIXED BY TULLEY BMW 5/2002. AFTER RECEIVING THIS INFORMATION I CALLED TULLEY BMW AND SPOKE WITH A "PETER" IN THE SERVICE DEPARTMENT. I EXPLAINED MY SITUATION AND PETER CAME BACK WITH THE SAME INFORMATION THAT HIS RECORDS INDICATE IT WAS DONE. WHEN I TOLD HIM IT WASN'T DONE BECAUSE THE PART IN MY CAR IS THE ORIGINAL SENSOR AND EXPLAINED THAT THE REPLACEMENT PART CONNECTED DIFFERENT. AFTER ARGUING SOME MORE HE FINALLY AGREED TO LOOK AT THE CAR ON 8/30/2005. I BROUGHT THE CAR IN ON 8/29/2005 SO IT WOULD BE THERE IN THE AM. IMMEDIATELY THE SERVICE PERSONAL HAD A MECHANIC LOOK AT THE SENSOR. HE CONFIRMED IT WAS IN FACT THE ORIGINAL PART. WHEN I ASKED FOR A RENTAL CAR I WAS TOLD THAT THEY FIRST HAD TO FIND OUT WHO WAS GOING TO PAY FOR THE RECALL. I THEN INFORMED THEM THEY WERE BECAUSE I CALLED BMW OF NORTH AMERICA SAID IT WAS ALREADY DONE THEREFORE TULLEY BMW RECEIVED THE REIMBURSEMENT FOR THE RECALL. NEEDLESS TO SAY THEY GAVE ME A RENTAL CAR THAT NIGHT. *NM UPDATED 07/19/2012 *JS INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6)