BMW Defect - Subframe Crack
BMW Sub-frame Defect Class Action Lawsuit
Proposed Class Settlement for Owners and Lessees of 1999-2006 BMW 3 Series Vehicles
On October 24, 2006, Wasserman, Comden & Casselman, L.L.P. and Girard Gibbs LLP filed a class action complaint against BMW of North America. The lawsuit alleges that 1999-2006 BMW 3 Series vehicles suffer from defective sub-frames due to a manufacturing and/or design defect that severely compromises the safety, durability, and performance of the vehicles. The manufacturing and/or design defect includes a weak or insufficient floor panel in the unibody of the vehicle that causes, among other things, cracking in the floor pan and misalignment, cracking or the complete or partial failure of the rear subframe of the vehicle. 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, compromising the safely of the vehicle, and 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.
We are proud to announce that 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 contact Wasserman, Comden & Cassleman, L.L.P., or visit the website http://www.e46subframeclassactionsettlement.com/ to obtain a claim form and read other important documents about the settlement.
An example of such cracks, after having become large enough to plainly see, is provided in the following photographs:
If you own a BMW 3 Series vehicle manufactured between 1999 and 2005 and have information to share, please contact Wasserman, Comden & Casselman, L.L.P.
Please see the Disclaimer page on this website for important information regarding communications with Wasserman, Comden & Casselman, L.L.P.
