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Old 06-24-2009, 06:14 AM   #1
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BMW e46 class action lawsuit

Interesting and maybe relevant. I received notice in the mail of a class action suit filed here in CA against BMW on their long standing denial of the rear sub-frame defects. This topic is an old and persistent issue for the company and the owners of E46 models.

Seems this folks are testy when their rear axles tend to sep. from the car.

Anyway, I remember the naysayers on the BMW forums, deriding the prospect of a class action suit. Familiar?

I will keep you posted on how it goes. Apparently, the company intends to settle while denying there is any defect.

Hmmmm.

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Old 06-24-2009, 07:47 AM   #2
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Brucelee, I've had 2 Z3s (E36/7) a Z4 and a '04 E46 Cic. I belonged to all the forums over the years. The rear sub-frame mount or whatever was like the "IMS failure" of these forums. If I recall it seemed a lot of the people having that problem tracked their cars??? I bought both of my Z3s used. I remember crawling under the car after being alarmed at reading the scary-threads only to find nothing... Do you have an E46? That's what I traded in on my current Boxster S. I didn't have a problem one with mine. It was also a third car so it didn't see a lot of use.

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Old 06-24-2009, 08:50 AM   #3
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According to the papers I received, the lawsuit did not relate to the Z3. It is my understanding that the Z3 subframe was different than the other E46 models, it sedans, coupes, etc.

I did not have a sub-frame issue with my E46 sedan; I loved the car and was more afraid of the auto trans going than the sub-frame.

To my knowledge, the subframe issue occured on all kinds of E46,s ie those that were street driven, tracked etc.
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Old 06-24-2009, 10:54 AM   #4
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well I guess you're not kidding. look here

Just went home for lunch and had this in my mail box!
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Old 06-24-2009, 02:19 PM   #5
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Too funny. Yesterday I received a letter that I didn't and still haven't opened. I remembered seeing "Class Action Settlement" on it and planned on getting around to opening it this weekend. So I see this thread which jogged my memory and bingo - I have the same letter.

I ordered my E46 coupe in January of 2000 (the first year the coupe was available) and sold the car 2.5 or 3 years later. I had several problems that were all covered under warranty but never experienced any sub-frame problems.
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Old 06-26-2009, 05:54 AM   #6
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I guess now the question is...

When will one surface for the boxster?...
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Old 06-26-2009, 09:02 AM   #7
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The failures affect less than .1% of those models.
We have a 01 convert, got the letter, climbed around under there and find nothing. There's a good video on the bimmer forum for anyone that want's to inspect themselves, see what it's all about.

BTW, trying to convince the wifey to trade her 325Cic for a boxter, no luck. We went and drove a '05 's' model with a stick and it scared the crap out of her. OTOH, I loved it. Was the closest thing to my street bike I've found, and you can sit side by side, no helmet required.

Maybe I'll get one for myself and let her keep her old sled. Really, the bimmer has been fantastic. Bought as a cpo with 30k, now has 85k, just routine maint. Not really very hi-performance though, especially not compared to a box-s.

I would also consider a 1-35 coupe, the one with the big motor, but have not compared one side by side with a box. Definitely easier to work on/maintain. That's bugging me about the porsches.
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Old 06-26-2009, 12:33 PM   #8
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Quote:
Originally Posted by CJBROWN
The failures affect less than .1% of those models.
We have a 01 convert, got the letter, climbed around under there and find nothing. There's a good video on the bimmer forum for anyone that want's to inspect themselves, see what it's all about.

BTW, trying to convince the wifey to trade her 325Cic for a boxter, no luck. We went and drove a '05 's' model with a stick and it scared the crap out of her. OTOH, I loved it. Was the closest thing to my street bike I've found, and you can sit side by side, no helmet required.

Maybe I'll get one for myself and let her keep her old sled. Really, the bimmer has been fantastic. Bought as a cpo with 30k, now has 85k, just routine maint. Not really very hi-performance though, especially not compared to a box-s.

I would also consider a 1-35 coupe, the one with the big motor, but have not compared one side by side with a box. Definitely easier to work on/maintain. That's bugging me about the porsches.

Where did you get that data on the failure rate from?
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Old 06-26-2009, 01:34 PM   #9
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My mistake, .1% of cars after 2001... per nathancarter on bimmerforums, quoted from BMWNA (since I had to go find it again ). Here's the thread if you want to read it. Second page, look for 'should I lose any sleep over this?" and nathancarter reply:

http://forums.bimmerforums.com/forum/showthread.php?t=1256357&highlight=subframe&page=2

There are several threads on the subframe issue, and a sticky on the class-action suit.

The dealer will inspect 3-series cars at no charge, and correct failures on un-modified cars at no charge.

Perhaps there were more failures in the E36 models.

Gee, not as bad as a blown motor, eh?
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Old 06-27-2009, 03:53 AM   #10
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got the letter too...

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