Man Down! 2008 M3 Rod Bearing Failed

[M3414]

Has anyone considered filing a class action lawsuit, at the very least it might get BMW's attention and they may give a few extra years of warranty on the engine

[javarithms]

Obviously, BMW is never going to admit any wrongdoing unless they are forced to. One good thing about a lawsuit would be during discovery we would find out for sure how many engines have suffered rod bearing failure. That would put to rest the guesstimates that are thrown around here!

[///M Power-Belgium]

Originally Posted by M3414

Has anyone considered filing a class action lawsuit, at the very least it might get BMW's attention and they may give a few extra years of warranty on the engine

Again ?
Think you are number I don't know how much..I lost count of it !
So here in a few words...
Who starts this ? Do you start ?
And what are you planning to do ?
In other words...
I saw a lawyer on here with almost the same words as yours ..
I said...I'm in , PM'd him , never get answer !
Never saw him back...
Words...only words .
But I really hope to see some day => "JUSTICE" ! and not only worthless words .
Note: Nothing against you my friend .

[IIAp3x]

Originally Posted by javarithms

Obviously, BMW is never going to admit any wrongdoing unless they are forced to. One good thing about a lawsuit would be during discovery we would find out for sure how many engines have suffered rod bearing failure. That would put to rest the guesstimates that are thrown around here!

Honestly, I believe BMW would have to face the fact that they screwed up two generations of the M3 back to back... For BMW I think this would be a pretty embarrassing reality, especially to their shareholders who depend on the engineers and production facilities to produce profitable, safe products that continue to set new standards and remain unique in today's automotive brands...

The E46 M3 went bad in the first two years of production after rod bearing failures began popping up all over the world; BMW responded with a mass recall...

I bought my 2002 M3 in 2005 with 19k miles on it... The car ran great with no issues... I even thought it was weird that I had to take it in to the dealership for a rod bearing recall because the car ran so great... But I had the recall completed and 173k miles later I sold that car still running great! I never knew the importance of having that bearing recall completed until now- having experience the bearing failure first hand...

This recognition that there was indeed a problem with the rod bearings and the recall service repairs that followed for early E46 owners was BMW's finest moments... The fact that they faced the problem and honored their customers with a major recall is one of the things I loved about the BMW vision... Now its seems it is just about $$$...

[M3414]

I was bored at work today and actually emailed my attorney about this and gave him a link to a couple of these threads , he has yet to get back to me

[maloo]

If there is a lawsuit, the lawyers will make millions and the rest of us will get free BMW coffee mugs and M performance tote bags.

[javarithms]

Originally Posted by maloo

If there is a lawsuit, the lawyers will make millions and the rest of us will get free BMW coffee mugs and M performance tote bags.

And if there is no lawsuit BMW gets to keep the millions of dollars it made from us! If you look at most lawsuits in the US they are settle out of court, because it's cheaper.

http://thelawdictionary.org/article/...y-settlements/

http://www.nytimes.com/2008/08/08/business/08law.html

[maloo]

Originally Posted by javarithms

And if there is no lawsuit BMW gets to keep the millions of dollars it made from us! If you look at most lawsuits in the US they are settle out of court, because it's cheaper.

http://thelawdictionary.org/article/...y-settlements/

http://www.nytimes.com/2008/08/08/business/08law.html

Why does it matter how we get our coffee mugs? I never claimed it will be by a verdict or a judgement. It most likely will be "settled out of court" but that doesn't mean it will be on favorable terms.

[javarithms]

Originally Posted by maloo

Why does it matter how we get our coffee mugs? I never claimed it will be by a verdict or a judgement. It most likely will be "settled out of court" but that doesn't mean it will be on favorable terms.

Maybe you should read this....

http://www.m3post.com/forums/showthread.php?t=894665

....I guess a lawyer can get you more than a coffee mug ehh??!

[maloo]

Originally Posted by javarithms

Maybe you should read this....

http://www.m3post.com/forums/showthread.php?t=894665

....I guess a lawyer can get you more than a coffee mug ehh??!

Sure if you bring it in "multiple times for ticking noises and random limp modes during warranty." Totally different factual situation than 98% of catastrophic failures.

[whats77inaname]

Originally Posted by maloo

If there is a lawsuit, the lawyers will make millions and the rest of us will get free BMW coffee mugs and M performance tote bags.

.....

[Rich150001]

Originally Posted by javarithms

Maybe you should read this....

http://www.m3post.com/forums/showthread.php?t=894665

....I guess a lawyer can get you more than a coffee mug ehh??!

That is quite a story. Glad things worked in his favor.

[IIAp3x]

Update:

Still had not heard from BMWNA as of this morning, so I called into their customer relations line... Apparently my letter had been forwarded off to someone who ignored it... Nonetheless, the girl on the phone explained she would take over my case, reviewing the service history on my car and contacting the BMW service center here in Pensacola where my car is...

She stated that there is no guarantee because my car is out of warranty, but that because it has such a low mileage and alleged service history that BMWNA will certainly look into this claim seriously...

So fingers crossed they will help out here!

[M3414]

if the issue is rod bearings, please file a complaint here, fi we complain enough they might be forced to issue a recall

https://www-odi.nhtsa.dot.gov/Vehicl...nt/index.xhtml

[Killerfish2012]

Originally Posted by IIAp3x

Update:

Still had not heard from BMWNA as of this morning, so I called into their customer relations line... Apparently my letter had been forwarded off to someone who ignored it... Nonetheless, the girl on the phone explained she would take over my case, reviewing the service history on my car and contacting the BMW service center here in Pensacola where my car is...

She stated that there is no guarantee because my car is out of warranty, but that because it has such a low mileage and alleged service history that BMWNA will certainly look into this claim seriously...

So fingers crossed they will help out here!

So the 3rd party warranty company flaked, right?

[IIAp3x]

Originally Posted by M3414

if the issue is rod bearings, please file a complaint here, fi we complain enough they might be forced to issue a recall

https://www-odi.nhtsa.dot.gov/Vehicl...nt/index.xhtml

I filed a complaint with the NHTSA the day after it happened...

[IIAp3x]

Originally Posted by Killerfish2012

So the 3rd party warranty company flaked, right?

No the 3rd party wants to do a used engine with 44k miles on it... I am trying to get BMWNA to cover the difference in cost for a new engine replacement... The used engine comes with a 1 year warranty which doesn't mean crap if a rod bearing decides to disintegrate in it a year down the road... Then I am right back in the same situation... The service advisor is looking into getting the warranty company to agree to letting the BMW dealership upgrade the bearings on the used engine if we have to go that route, but I have received no word as of yet whether they will allow SS BMW to do this... In the meantime, I have a claim channel opened up with BMW NA to see what they can offer in this ordeal- if anything...

[Iyzmi]

Originally Posted by Killerfish2012

So the 3rd party warranty company flaked, right?

No, but you can keep telling him to cancel the warranty regardless.

[Killerfish2012]

Originally Posted by IIAp3x

No the 3rd party wants to do a used engine with 44k miles on it... I am trying to get BMWNA to cover the difference in cost for a new engine replacement... The used engine comes with a 1 year warranty which doesn't mean crap if a rod bearing decides to disintegrate in it a year down the road... Then I am right back in the same situation... The service advisor is looking into getting the warranty company to agree to letting the BMW dealership upgrade the bearings on the used engine if we have to go that route, but I have received no word as of yet whether they will allow SS BMW to do this... In the meantime, I have a claim channel opened up with BMW NA to see what they can offer in this ordeal- if anything...

The used engine gives you the option of selling the vehicle, or trading it into a deal for a different car. Remember that even if you upgrade the rod bearings on the used engine, the main bearings on this vehicle are also known to have the same wear rate as the rods, so change those out as well, if you are trying to start out with a clean slate with the used engine.

[Peertwelve]

Originally Posted by IIAp3x

The service advisor is looking into getting the warranty company to agree to letting the BMW dealership upgrade the bearings on the used engine if we have to go that route

What is your Dealer's official stance on 'upgrading the bearings'. Does this mean that they acknowledge the OEM rod bearings have a clearance issue / design flaw?

[IIAp3x]

Originally Posted by Peertwelve

What is your Dealer's official stance on 'upgrading the bearings'. Does this mean that they acknowledge the OEM rod bearings have a clearance issue / design flaw?

Right now the dealer is pushing to have BMW NA step in and pay the difference for a new remanufactured engine because they wont be able to offer a warranty on installing a used engine... My warranty company says that there is a 1 year warranty on the used motor from their engine provider... however, it will be up to the warranty company to allow the dealership to upgrade the bearings on the used engine... I have already spoken to the dealership about this as a last resort and they are willing to upgrade the bearings if the warranty company will agree... right now we are just waiting to see what BMW NA will do... I hope they will respond positively... It would certainly keep my business as a BMW enthusiast... I should hear from BMWNA by Wednesday...

[s85e90]

Originally Posted by IIAp3x

Right now the dealer is pushing to have BMW NA step in and pay the difference for a new remanufactured engine because they wont be able to offer a warranty on installing a used engine... My warranty company says that there is a 1 year warranty on the used motor from their engine provider... however, it will be up to the warranty company to allow the dealership to upgrade the bearings on the used engine... I have already spoken to the dealership about this as a last resort and they are willing to upgrade the bearings if the warranty company will agree... right now we are just waiting to see what BMW NA will do... I hope they will respond positively... It would certainly keep my business as a BMW enthusiast... I should hear from BMWNA by Wednesday...

Still keep your business? Fuck them. You've been without a car for a week now no? I wouldn't give them anymore business.