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View Full Version : Subframe Opting Out Issues--Deadline July 15th


luke69
07-13-2009, 12:43 PM
Most of us will not have subframe issues and therefore we should consider opting out of the proposed settlement as any subframe issues arising after the cut off dates will no longer be reimbursed by BMW NA.

According to the current PROPOSED settlement we must decide to opt OUT by July 15th. But, a decision to approve the PROPOSED settlement will be made about 2 weeks later on August 3rd.

Assuming we opt OUT, and the terms of the PROPOSED settlement are REJECTED by the judge on August 3rd, are we then eligible to opt back IN of any NEW PROPOSED settlements which may have more favorable terms?

(I tried to be as clear as possible but I'm sure I confused many of you. Sorry.)

MalibuMafiaV
07-13-2009, 12:50 PM
does this mean I can't get a inspection for free right now?

luke69
07-13-2009, 01:04 PM
I got a free inspection (Foreign Motors, Natick MA). No damage was found so I've got to decide whether to opt out or not.

In the notification I received from the CA District Court the options are:
1)Participate in the Settlement
2)Request to be Excluded from the Class
3)Object

I am hesitant to exclude myself from the CLASS because it implies that I wouldn't be able to opt back IN if the current PROPOSED settlement is rejected on August 3rd.

It seems like objecting to the terms of the settlement would be the safest thing to do but a major pain in the ass.

Scott ZHP
07-13-2009, 02:37 PM
It seems like objecting to the terms of the settlement would be the safest thing to do but a major pain in the ass.

Exactly. And that pi$Ses me off to no end. A bunch of lawyers make me responsible for taking action for meeting their cute deadline. They obviously want the most in class, so they make a small fortune.

Did you read the fees?

akhbhaat
07-13-2009, 03:00 PM
July 15th - the hell? I haven't even received my settlement letter yet!

As usual, the only winners here will be the lawyers.

MalibuMafiaV
07-13-2009, 03:09 PM
July 15th - the hell? I haven't even received my settlement letter yet!

As usual, the only winners here will be the lawyers.

I never got my letter either.
But I just photocopied MissMs so I'm good to go.

No one ever answered my question though.
Am I able to still get a free inspection and free work done on my frame if needed?

luke69
07-13-2009, 05:54 PM
Malibu:

My dealership and many others have been doing inspections to check for subframe damage at no cost to the owner. If damage is found then you PROBABLY would be reimbursed assuming you meet the settlement criteria but I would double check with the dealership or BMWNA first.

Scott ZHP
07-13-2009, 06:12 PM
Am I able to still get a free inspection and free work done on my frame if needed?

Yes and no. Free inspection/repair within a year only if you opt *into* the class and only if BMW determines you need it. Anyone who has paid out of pocket get reimbursed, with reciepts.

e46_platform
07-13-2009, 07:50 PM
Yes and no. Free inspection/repair within a year only if you opt *into* the class and only if BMW determines you need it. Anyone who has paid out of pocket get reimbursed, with reciepts.

does taking my E46 to a dealer for free inspection imply that i choose to opt in?

MalibuMafiaV
07-13-2009, 09:16 PM
does taking my E46 to a dealer for free inspection imply that i choose to opt in?

That was my next question.

G. P. Burdell
07-14-2009, 06:31 AM
Yes and no. Free inspection/repair within a year only if you opt *into* the class and only if BMW determines you need it. Anyone who has paid out of pocket get reimbursed, with reciepts.
Is there an "opt-in" procedure? Opting out requires you to submit letters to the class attorney and BMW NA's counsel, but I did not see an "opt-in" procedure in the notice. I thought you remained in the Class if you did not exercise your right to opt out.

Scott ZHP
07-14-2009, 07:15 AM
Is there an "opt-in" procedure? Opting out requires you to submit letters to the class attorney and BMW NA's counsel, but I did not see an "opt-in" procedure in the notice. I thought you remained in the Class if you did not exercise your right to opt out.

Opt in (no action on your part) means that you agree to be part of the class. Which means that you are part of the class and wave your rights.

The bottom line is that the early owners get reimbursed for their expenses (if they actually respond, with reciepts). Later owners, if they do nothing to opt out, get one year to have their car "inspected" by BMW and repaired if needed.

BMW gets to make the call if your car needs to be fixed.

pylt
07-14-2009, 02:46 PM
I got a free inspection (Foreign Motors, Natick MA). No damage was found so I've got to decide whether to opt out or not.

In the notification I received from the CA District Court the options are:
1)Participate in the Settlement
2)Request to be Excluded from the Class
3)Object

I am hesitant to exclude myself from the CLASS because it implies that I wouldn't be able to opt back IN if the current PROPOSED settlement is rejected on August 3rd.

It seems like objecting to the terms of the settlement would be the safest thing to do but a major pain in the ass.

No one should have their BMW inspected at this point. It is far better to wait until the very end of the inspection window as your car is far more likely to need these repairs as they age.

I recommend you take advantage of the very limited protections offered by this absurd settlement as I doubt we'll get anything better. As usual, BMW treats its buyers with contempt and the lawyers get rich . . . (And it would have been far cheaper for BMW to just step up and fix the cars in the first place, no questions asked. Instead, they took their typical "blame the customer" attitude and ended up with a far more expensive lawsuit and continued loss of customer goodwill. Such idiocy.)

ventsyv
07-14-2009, 02:51 PM
I can bet you that the class settlement will be cheaper even when you add the lawsuit expenses than fixing all cars indefinitely.

jvr826
07-14-2009, 07:27 PM
I can bet you that the class settlement will be cheaper even when you add the lawsuit expenses than fixing all cars indefinitely.

That's the point... BMW is off the hook legally by Sept 2010.

And, to pylt, BMW has been fixing the problems for people pretty much without question. Even suspension and wheel modified cars have been repaired. The lawsuit was mainly because that nimrod was pissed because of this "super secret" warranty thing rather than a recall. Frankly, I think BMW was doing the right thing and would have continued because eventually, problems would probably stop occurring. This is not a widespread issue by any measure... It's mostly 1999-2000 model year cars. My shops have confirmed that too. One has seen two cars, the other 4-5 and those were mostly M3's that were tracked heavily.

I opted out because the "object" option was total BS and so are the terms of the settlement. Whatever. I said it before... for the entire class to be treated fairly, the term of the settlement should have been 10 years from in service date, or 1 year after the settlement date, whichever is longer. That gives all E46 owners the same coverage and more than likely, 2001-2006 cars with the problem would be very few, if any at all anyway.

I'm guessing the attorneys all drive Porsche, Benz or something more exotic so they could care less.

MMME30W
08-12-2009, 06:35 PM
Received via email today:

"We are pleased to report that the BMW 3 Series (E46) Sub-Frame Settlement has been granted final court approval. In response to allegations that 1999-2006 BMW 3 Series vehicles can suffer from sub-frame cracking that enlarges over time, BMW has agreed to provide the following benefits:

(1) If you paid for a sub-frame repair to your 1999-2006 BMW 3 Series vehicle, you can obtain reimbursement from BMW by submitting a completed claim form and proof of expenditure to the Claims Administrator. Claim forms can be downloaded from http://www.e46subframeclassactionsettlement.com and should be mailed to the address listed on the claim form. The deadline to postmark you claim is September 9, 2010.


(2) If you currently own or lease a 1999-2006 BMW 3 Series vehicle, you can contact an authorized BMW dealer and make an appointment to receive a free sub-frame inspection. If the inspection reveals any sub-frame cracking, the dealer will provide a free repair as well. The deadline for free sub-frame inspections is September 9, 2010, for vehicles no longer under warranty. If your vehicle remains under warranty, you will have one year from the expiration of your warranty to receive a free sub-frame inspection.

To learn more about the BMW Sub-Frame Settlement, please visit http://www.e46subframeclassactionsettlement.com, where you can download a claim form and read answers to frequently asked questions. Any extensions of the deadlines listed above will be posted on the website as well.

Many thanks to all of the BMW 3 Series owners and lessees who contacted us over the last few years to share their experiences. The relief provided through the BMW Sub-Frame litigation and settlement would not have been possible without the level of consumer involvement and concern that this issue received.

Girard Gibbs llp

601 California Street, Suite 1400

San Francisco, CA 94108

Phone: (415) 981-4800

Fax: (415) 981-4846

www.girardgibbs.com



Co-lead Class Counsel "

akhbhaat
08-12-2009, 07:37 PM
Hmmm...wonder if that "one year from expiration of warranty" applies to the CPO warranty for vehicles so equipped? That would give me a little under two and a half years to schedule an inspection.

3lees3
08-12-2009, 08:43 PM
I believe that if you opt out of the settlement, you are basically on your own to fight BMW for any subframe problems in the future. I also do not think that once you choose to opt out, that you can change your mind to opt back in to the proposed settlement.

This is a class action suit for a specific issue (subframe). You are taking a real chance if you think there will be another class action suit for this same issue.

I think we should opt in and have BMW check out your vehicle and make the free repairs if required.

Fast Bob
08-12-2009, 09:25 PM
I believe that if you opt out of the settlement, you are basically on your own to fight BMW for any subframe problems in the future. I also do not think that once you choose to opt out, that you can change your mind to opt back in to the proposed settlement.

This is a class action suit for a specific issue (subframe). You are taking a real chance if you think there will be another class action suit for this same issue.

I think we should opt in and have BMW check out your vehicle and make the free repairs if required.

It`s already a done deal, Bucko....the opt-out deadline was a month ago....

Doc Holliday
08-13-2009, 06:42 AM
No one should have their BMW inspected at this point. It is far better to wait until the very end of the inspection window as your car is far more likely to need these repairs as they age.

I recommend you take advantage of the very limited protections offered by this absurd settlement as I doubt we'll get anything better. As usual, BMW treats its buyers with contempt and the lawyers get rich . . . (And it would have been far cheaper for BMW to just step up and fix the cars in the first place, no questions asked. Instead, they took their typical "blame the customer" attitude and ended up with a far more expensive lawsuit and continued loss of customer goodwill. Such idiocy.)


Exactly. Finally, someone gets it.

I'm going to wait until August 2010 to do this. In the interim, I'll be inspecting it myself. If I see anything before then, I'll take it in. It does you absolutely no good to go early when you can wait a year and see what happens.

If you opt out, you have to fight them on your own, and what will happen is, we gave you a chance to have this looked at and possibly fixed free, and you declined, so we aren't going to fix it for free now. Opting out means you'll have to fight them on your own, and you won't win. Even if they fixed them for free quietly before, they won't now, because they've delineated in a court of law what they are going to do.

If you opted out, you're screwed yourself.

Fast Bob
08-13-2009, 11:21 AM
If you opted out, you're screwed yourself.

Not really....if you chose to stay IN the CAL, you have *one year* to act on this issue....if you discover a problem after Sept. 10 of next year, you`re on your own, just like anyone who opted out, except that you`ve (legally) forfieted any right to pursue this issue....

Doc Holliday
08-13-2009, 11:29 AM
Not really....if you chose to stay IN the CAL, you have *one year* to act on this issue....if you discover a problem after Sept. 10 of next year, you`re on your own, just like anyone who opted out, except that you`ve (legally) forfieted any right to pursue this issue....

that's true. However, do you really think, if you opted out, that you're going to be able to get BMW NA to pay for a sub frame repair if you declined to let them do the inspection before the end date?

You're going to have to fight them in court, because after the deadline we all know they're going to wash their hands completely of the E46 subframe issue, and they're going to say "Hey, we gave you a time frame, and you declined. How do we know you didn't get this problem during the inspection period? If you had come in then, we could have caught it."

It's going to be near impossible to beat them in court on this issue when they show the judge the settlement, and tell them you opted out. The judge will say you had your chance, you declined, your hard luck.

Gerry4.0
08-13-2009, 11:53 AM
I hate to sound clueless but I am so can anyone explain what's happening to the subframe and where should I be looking for these cracks?? Does anyone have any pictures of one that cracked?

**Edit** I found a few pictures of where they crack....


http://memimage.cardomain.com/ride_images/3/1709/4561/29272280124_large.jpg

http://forum.e46fanatics.com/attachment.php?attachmentid=326346&d=1249569272


Thanks,
Gerry

Fast Bob
08-13-2009, 11:56 AM
that's true. However, do you really think, if you opted out, that you're going to be able to get BMW NA to pay for a sub frame repair if you declined to let them do the inspection before the end date?

You're going to have to fight them in court, because after the deadline we all know they're going to wash their hands completely of the E46 subframe issue, and they're going to say "Hey, we gave you a time frame, and you declined. How do we know you didn't get this problem during the inspection period? If you had come in then, we could have caught it."

It's going to be near impossible to beat them in court on this issue when they show the judge the settlement, and tell them you opted out. The judge will say you had your chance, you declined, your hard luck.

I think we both know that BMW`s lawyers set this whole thing up so that no matter *which way* it shakes out, things will be in their favor....(unfortunately for us)

Doc Holliday
08-13-2009, 12:30 PM
I think we both know that BMW`s lawyers set this whole thing up so that no matter *which way* it shakes out, things will be in their favor....(unfortunately for us)

that we can agree on 100 percent. Hopefully, we'll never have the issue (knocking on all wood I can see). I've got a Z3 and an E46, so I have to keep an eye on both. In fact, I was under the Z3 last night checking it after I got the email, and everything was solid.

Except for the intake cam sensor, LOL. Fortunately that's coming today, so I'll be back out in the sun this weekend.