There are a couple of very important, and common, items which could exclude you from the settlement. They're listed below. This will exclude a lot of custom BMW enthusiasts who like to enhance the performance of their BMW 3 series automobile. Excluded from the Class are:

(1) BMW NA, its subsidiaries and affiliates, officers, directors, and employees;
(2) Insurers of Class Vehicles;
(3) All entities claiming to be subrogated to the rights of Class Members;
(4) Issuers of extended vehicle warranties;
(5) Individuals who validly opt out of the settlement;
(6) Any judge to whom this matter is assigned, and his or her immediate family;
(7) Any current or former owner or lessee of a Class Vehicle whose Class Vehicle
was modified for racing, whether sanctioned or not;
(8) Any current or former owner or lessee of a Class Vehicle that has been modified
with suspension parts and/or wheels of a different size; and
(9) Any current or former owner or lessee of a Class Vehicle that has released his/her
claims against BMW NA related to the Sub-Frame Condition.

As long you aren't excluded from the BMW sub-frame lawsuit settlement you can continue. So, what's included in the BMW sub-frame lawsuit settlement? The class action award includes two things:

(a) National Sub-Frame Inspection and Repair Program. Under the proposed settlement, if you own or lease a Class Vehicle with an expired new car, certified pre-owned, or BMW extended warranty, you will have one year from the Effective Date of the settlement to present your vehicle for inspection and, if needed, repair of the Sub-Frame Condition at an authorized BMW dealership in the United States. If you own or lease a Class Vehicle with a non-expired new car, certified pre-owned, or BMW extended warranty, you will have one year from the expiration of your warranty to present your vehicle for inspection and, if needed, repairs of the Sub-Frame Condition, at an authorized BMW dealership in the United States.

(b) Reimbursement for Sub-Frame Inspection and Repair Expenses. Under the proposed settlement, BMW NA will reimburse you in full for out-of-pocket expenses you paid for sub-frame repairs conducted at an authorized BMW repair facility prior to the Effective Date of the settlement. For sub-frame repairs completed prior to the Effective Date at repair facilities other than an authorized BMW dealership, BMW NA will reimburse you for your actual out-of pocket repair expenses in an amount not to exceed (i) the number of work hours allotted in the current BMW repair procedure, at the repair facility's standard hourly rate at the time of repair, and (ii) any costs charged to you for parts related to the sub-frame assembly. To obtain reimbursement, you must complete the enclosed claim form, which can also be obtained at www.e46subframeclassactionsettlement.com and mail it to the claims administrator, postmarked no later than one year from the Effective Date of the settlement.

If you haven't repaired your BMW 3 series car yet just head over to your local BMW dealer and get it inspected. If the work needs to be done they will take care of it for free. The inspection, and any repair work completed, will be covered. If your warranty has expired you MUST get your BMW inspected by October 9th, 2010. After October 9th the inspection and repair may not be free for out of warranty consumers. Head over to www.e46subframeclassactionsettlement.com and submit your claim now.

BENEFITS FOR CURRENT OWNERS AND LESSEES OF MODEL YEARS:
**2001 – 2007 VOLKSWAGEN NEW BEETLES WITH (VIN) BELOW 3VW---1C-7M514779 EQUIPPED WITH SUNROOF
**2001 - 2005 JETTA SEDAN A4 (VIN WITH “9M” IN POSITION 7 AND 8) EQUIPPED WITH SUNROOF 
**2001 - 2005 JETTA WAGON A4 (VIN WITH “1J” IN POSITION 7 AND 8) EQUIPPED WITH SUNROOF
**2001 - 2006 VOLKSWAGEN GOLF A4, VOLKSWAGEN GTI A4, (VIN WITH “1J” IN POSITION 7 AND 8) EQUIPPED WITH SUNROOF

Service Action
Authorized Volkswagen dealerships will modify the front sunroof drain valves and inspect the front sunroof drains and drain hoses for function, and clean or repair the front sunroof drains as necessary, free of charge.

Service Action 60A7/S9 is effective until December 31, 2011, after which time it will expire and no longer be performed free of charge. Please schedule this service with your authorized Volkswagen dealer before the December, 31, 2011 expiration date.

Revised Maintenance Program
Volkswagen is recommending inspection (and cleaning if necessary) of the sunroof drain systems and plenum drains every 40,000 miles or every 2 years, whichever comes first (the “Revised Maintenance Schedule”) as well as periodic checking and clearing of foreign matter or debris from the front sunroof and plenum drains and valves. A copy of the Revised Maintenance Schedule, in the form of an insert to the Maintenance Booklet, is being sent with the Notice materials.

Reimbursement Program

If you have paid out of pocket expenses arising from the repair of the sunroof drain system, cleaning, drying or replacement of carpeting, including padding, and/or repair or replacement of components of the sunroof drain system, because of water entering the passenger compartment through or due to the sunroof drain of a Settlement Class Vehicle (i.e., paid for a “Reimbursable Repair”), you may make a claim for reimbursement. To be eligible for reimbursement, your claim and supporting documentation must be submitted on or before July 23, 2010. Any claims postmarked after July 23, 2010 will not be considered for reimbursement. This period will be extended by up to 15 days in the event the Notice was forwarded to you as a result of your change of address. Volkswagen will not pay any claim for personal injury (including physical, psychological, or mental injury), for death, or for damage to property other than Settlement Class Vehicles, as part of this settlement, because claims of this type are not affected or released in any way by the proposed Settlement.

Claim Documentation - What You Need and How to Get It
To be eligible for reimbursement of a Reimbursable Repair, you must complete the Claim Form, signed under penalty of perjury, postmarked by July 23, 2010, and submit documentation that supports your claim such as valid receipts, invoices, repair orders, or bills, which confirm all of the following: (1) that a Reimbursable Repair was performed in response to a complaint or report of water entry into the passenger compartment of the Settlement Class Vehicles through or due to the sunroof drain system; (2) the cost to you of such Reimbursable Repair; and (3) payment by you for such Reimbursable Repair and the amount thereof. Whenever possible the submitted documentation should itemize the parts and labor costs of the Reimbursable Repair. You may be able to obtain documentation of your Reimbursable Repair by contacting the repair facility or dealer who performed the repairs, your bank or credit card issuer. If you are unable to obtain the required documentation despite a diligent search, you must fully complete, sign and submit the declaration found on the back of the Claim Form, providing all information required under penalty of perjury under Title 18, section 1623 of the United States Code and any applicable state perjury statute. Any and all statements made in such declaration are subject to investigation, which may require testimony under oath by you. Incomplete or inaccurate declarations may not be accepted for reimbursement.

BENEFITS FOR CURRENT OWNERS AND LESSEES OF MODEL YEARS:
** 1999 - 2000 VOLKSWAGEN PASSAT VEHICLES
** 2005 - 2007 VOLKSWAGEN JETTA A5 VEHICLES (VIN WITH “1K” IN POSITION 7 AND 8) EQUIPPED WITH SUNROOF
 ** 2006 - 2007 VOLKSWAGEN GOLF/GTI A5 VEHICLES (VIN WITH “1K” IN POSITION 7 AND 8) EQUIPPED WITH SUNROOF

Revised Maintenance Program
Volkswagen is recommending inspection (and cleaning if necessary) of the sunroof drain systems and plenum drains every 40,000 miles or every 2 years, whichever comes first (the “Revised Maintenance Schedule”) as well as periodic checking and clearing of foreign matter or debris from the front sunroof drain area and plenum areas. A copy of the Revised Maintenance Schedule, in the form of an insert to the Maintenance Booklet is being sent with the Notice materials.

Reimbursement Program

If you have paid out of pocket expenses arising from the repair of the sunroof drain system and/or plenum drain system, cleaning, drying or replacement of carpeting, including padding, and/or repair or replacement of the TCM and/or its attached TCM wiring harness, (VW parts numbers 3B1-971-769-E LEITG.SATZ, 3B1-971-769-F LEITG. SATZ, 4B1-971-769-A LEITG. SATZ, 4B1-971-769-B LEITG. SATZ, 4B1-971-769-H LEITG. SATZ, 4B1-971-769-AJ LEITG. SATZ and 3B7-971-769), and/or repair or replacement of components of the sunroof drain system and/or plenum drain system, because of water entering the passenger compartment through or due to the sunroof drain system or plenum drain system of a Settlement Class Vehicle (i.e., paid for a “Reimbursable Repair”), you may make a claim for reimbursement. To be eligible for reimbursement, your claim and supporting documentation must be submitted on or before July 23, 2010. Any claims postmarked after July 23, 2010 will not be considered for reimbursement. This period will be extended by up to 15 days in the event the Notice was forwarded to you as a result of your change of address. Volkswagen  will not pay any claim for personal injury (including physical, psychological, or mental injury), for death, or for damage to property other than Settlement Class Vehicles, as part of this settlement, because claims of this type are not affected or released in any way by the proposed Settlement.

Claim Documentation - What You Need and How to Get It
To be eligible for reimbursement of a Reimbursable Repair, you must complete the Claim Form, signed under penalty of perjury, postmarked by July 23, 2010, and submit documentation that supports your claim such as valid receipts, invoices, repair orders, or bills, which confirm all of the following: (1) that a Reimbursable Repair was performed in response to a complaint or report of water entry into the passenger compartment of the Settlement Class Vehicles through or due to the sunroof drain system or plenum drain system; (2) the cost to you of such Reimbursable Repair; and (3) payment by you for such Reimbursable Repair and the amount thereof. Whenever possible the submitted documentation should itemize the parts and labor costs of the Reimbursable Repair. You may be able to obtain documentation of your Reimbursable Repair by contacting the repair facility or dealer who performed the repairs, your bank or credit card issuer. If you are unable to obtain the required documentation despite a diligent search, you must fully complete, sign and submit the declaration found on the back of the Claim Form, providing all information required under penalty of perjury under Title 18, section 1623 of the United States Code and any applicable state perjury statute. Any and all statements made in such declaration are subject to investigation, which may require testimony under oath by you. Incomplete or inaccurate declarations may not be accepted for reimbursement.

BENEFITS FOR CURRENT OWNERS AND LESSEES OF MODEL YEARS:
** 2001 - 2005 VOLKSWAGEN PASSAT VEHICLES

Service Action
During the course of the litigation, Volkswagen of America instituted Service Action P9 for the benefit of the owners and lessees of 2001-2005 Volkswagen Passat vehicles, to address issues relating to water ingress caused by the plenum drain system and sunroof drain system in those vehicles. Pursuant to this Service Action, authorized Volkswagen dealerships will inspect and modify the plenum drain systems and sunroof drain systems free of charge. In addition, any expenses that have been incurred as a result of water ingress into the interior of the vehicle caused by the plenum drain system and/or sunroof drain system may be reimbursable. More information about Service action P9 can be found under the More Information section of this website.

Revised Maintenance Program
Volkswagen is recommending inspection (and cleaning if necessary) of the sunroof drain systems and plenum drains every 40,000 miles or every 2 years, whichever comes first (the “Revised Maintenance Schedule”) as well as periodic checking and clearing of foreign matter or debris from the front sunroof and plenum drain areas. A copy of the Revised Maintenance Schedule, in the form of an insert to the Maintenance Booklet, is being sent with the Notice materials.

Reimbursement Program

If you have paid out of pocket expenses arising from the repair of the sunroof drain system and/or plenum drain system, cleaning, drying or replacement of carpeting, including padding, and/or repair or replacement of the TCM and/or its attached TCM wiring harness, (VW parts numbers 3B1-971-769-E LEITG.SATZ, 3B1-971-769-F LEITG. SATZ, 4B1-971-769-A LEITG. SATZ, 4B1-971-769-B LEITG. SATZ, 4B1-971-769-H LEITG. SATZ, 4B1-971-769-AJ LEITG. SATZ and 3B7-971-769), and/or repair or replacement of components of the sunroof drain system and/or plenum drain system, because of water entering the passenger compartment through or due to the sunroof drain system or plenum drain system of a Settlement Class Vehicle (i.e., paid for a “Reimbursable Repair”), you may make a claim for reimbursement. To be eligible for reimbursement, your claim and supporting documentation must be submitted on or before July 23, 2010. Any claims postmarked after July 23, 2010 will not be considered for reimbursement. This period will be extended by up to 15 days in the event the Notice was forwarded to you as a result of your change of address. Volkswagen  will not pay any claim for personal injury (including physical, psychological, or mental injury), for death, or for damage to property other than Settlement Class Vehicles, as part of this settlement, because claims of this type are not affected or released in any way by the proposed Settlement.

Claim Documentation - What You Need and How to Get It
To be eligible for reimbursement of a Reimbursable Repair, you must complete the Claim Form, signed under penalty of perjury, postmarked by July 23, 2010, and submit documentation that supports your claim such as valid receipts, invoices, repair orders, or bills, which confirm all of the following: (1) that a Reimbursable Repair was performed in response to a complaint or report of water entry into the passenger compartment of the Settlement Class Vehicles through or due to the sunroof drain system or plenum drain system; (2) the cost to you of such Reimbursable Repair; and (3) payment by you for such Reimbursable Repair and the amount thereof. Whenever possible the submitted documentation should itemize the parts and labor costs of the Reimbursable Repair. You may be able to obtain documentation of your Reimbursable Repair by contacting the repair facility or dealer who performed the repairs, your bank or credit card issuer. If you are unable to obtain the required documentation despite a diligent search, you must fully complete, sign and submit the declaration found on the back of the Claim Form, providing all information required under penalty of perjury under Title 18, section 1623 of the United States Code and any applicable state perjury statute. Any and all statements made in such declaration are subject to investigation, which may require testimony under oath by you. Incomplete or inaccurate declarations may not be accepted for reimbursement.

BENEFITS FOR CURRENT OWNERS AND LESSEES OF MODEL YEARS:
** 1998 - 2000 AND 2007-2009 VOLKSWAGEN NEW BEETLE (VIN 3VW---1C-7M514779 OR HIGHER) VEHICLES EQUIPPED WITH SUNROOF
** 1997 - 1999 Volkswagen Jetta A3 (VIN with “1H” in position 7 and 8)
** 1999 - 2000 Volkswagen Jetta A4 (VIN with “9M” in position 7 and 8)
** 2008 - 2009 Volkswagen Jetta A5 vehicles (VIN with “1K” in position 7 and 8) equipped with sunroof
** 1997 Volkswagen Golf/GTI A3 (VIN with “1H” in position 7 and 8)
** 1997 - 1999 Volkswagen Golf/GTI A3 (VIN with “1W” in position 7 and 8)
** 1999 - 2000 Volkswagen Golf/GTI A4 (VIN with “1J” in position 7 and 8)
** 2008 - 2009 Volkswagen Golf/GTI A5 vehicles (VIN with “1K” in position 7 and 8) equipped with sunroof
** 1998 VOLKSWAGEN PASSAT B5 VEHICLES, 1997 VOLKSWAGEN PASSAT B4
** 2006 - 2009 VOLKSWAGEN PASSAT B6 VEHICLES EQUIPPED WITH SUNROOF
** 2004 - 2009 VOLKSWAGEN TOUAREG VEHICLES

Revised Maintenance Program
Volkswagen is recommending inspection (and cleaning if necessary) of the sunroof drain systems and plenum drains every 40,000 miles or every 2 years, whichever comes first (the “Revised Maintenance Schedule”) as well as periodic checking and clearing of foreign matter or debris from the front sunroof drain area. A copy of the Revised Maintenance Schedule, in the form of an insert to the Maintenance Booklet is being sent with the Notice materials.

Look up your VIN number at www.WateringRessSettlement.com to determine if you're eligible to submit a claim in the Volkswagen/Audi leaky sunroof lawsuit.

BENEFITS FOR CURRENT AUDI OWNERS AND LESSEES OF MODEL YEARS:
** 1997 - 2006 AUDI A4 (B5 AND B6 PLATFORMS) (VINS IN MY 2005 WITH “8E” IN POSITION 7 AND 8 AND ALSO WITH “J” OR ” L” OR” V” OR” P” OR “X” IN POSITION 4, VINS IN MY 2005 AND 2006 WITH “8H” IN POSITION 7 AND 8) (INCLUDING CABRIO, S AND RS VERSIONS)
** 1998 -2005 AUDI A6 SETTLEMENT CLASS VEHICLES (C5 PLATFORM) (VINS WITH “4B” IN POSITION 7 AND 8) (INCLUDING ALLROAD, S AND RS VERSIONS)

Revised Maintenance Program
Audi is recommending inspection (and cleaning if necessary) of the sunroof drain systems and plenum drains every 40,000 miles (or at the last scheduled maintenance interval prior to 40,000 miles) or every 2 years, whichever comes first (the “Revised Maintenance Schedule”) as well as periodic checking and clearing of foreign matter or debris from the front sunroof drain valves and plenum areas. A copy of the Revised Maintenance Schedule, in the form of an insert to the Maintenance Booklet, is being sent with the Notice materials.

Reimbursement Program

If you have paid out of pocket expenses arising from the repair of the sunroof drain system and/or plenum drain system, cleaning, drying or replacement of carpeting, including padding, and/or repair or replacement of the TCM and/or its attached TCM wiring harness, (Audi parts numbers 4B1-971-769-A, 4B1-971-769-AC, 4B1-971-769-AG, 4B1-971-769-AH, 4B1-971-769-B, 4B1-971-769-E, G, N, 4B1-971-769-H, 4B1-971-769-J, 4B1-971-769-M, 4B1-971-769-R, 4B1-971-769-T, 8D1-971-769, 8D1-971-769-AC, 8D1-971-769-AD, 8D1-971-769-AF, 8D1-971-769-D, 8D1-971-769-L, 8D1-971-769-M, 8D1-971-769-P and 8D1-971-769-Q), and/or repair or replacement of components of the sunroof drain system and/or plenum drain system, because of water entering the passenger compartment through or due to the sunroof drain system or plenum area of a Settlement Class Vehicle (i.e., paid for a “Reimbursable Repair”), you may make a claim for reimbursement. To be eligible for reimbursement, your claim and supporting documentation must be submitted on or before July 23, 2010. Any claims postmarked after July 23, 2010 will not be considered for reimbursement. This period will be extended by up to 15 days in the event the Notice was forwarded to you as a result of your change of address. Audi will not pay any claim for personal injury (including physical, psychological, or mental injury), for death, or for damage to property other than Settlement Class Vehicles, as part of this settlement, because claims of this type are not affected or released in any way by the proposed Settlement.

Claim Documentation - What You Need and How to Get It
To be eligible for reimbursement of a Reimbursable Repair, you must complete the Claim Form, signed under penalty of perjury, postmarked by July 23, 2010, and submit documentation that supports your claim such as valid receipts, invoices, repair orders, or bills, which confirm all of the following: (1) that a Reimbursable Repair was performed in response to a complaint or report of water entry into the passenger compartment of the Settlement Class Vehicles through or due to the sunroof drain system; (2) the cost to you of such Reimbursable Repair; and (3) payment by you for such Reimbursable Repair and the amount thereof. Whenever possible the submitted documentation should itemize the parts and labor costs of the Reimbursable Repair. You may be able to obtain documentation of your Reimbursable Repair by contacting the repair facility or dealer who performed the repairs, your bank or credit card issuer. If you are unable to obtain the required documentation despite a diligent search, you must fully complete, sign and submit the declaration found on the back of the Claim Form, providing all information required under penalty of perjury under Title 18, section 1623 of the United States Code and any applicable state perjury statute. Any and all statements made in such declaration are subject to investigation, which may require testimony under oath by you. Incomplete or inaccurate declarations may not be accepted for reimbursement.

ADDITIONAL BENEFITS FOR CURRENT OWNERS AND LESSEES OF MODEL YEARS:
** 2002 AudiI A4 (VINS WITH "8E" IN POSITION 7 AND 8 AND THE LAST 8 DIGITS RANGING FROM 2A01419-2A29085)
** 2002 Audi A6 (VINS WITH "4B" IN POSITION 7 AND 8 AND THE LAST 8 DIGITS RANGING FROM 2N006926-2N121375)

Service Action

During the course of the litigation, Audi of America instituted Service Action JU for the benefit of the owners and lessees of certain 2002 Audi A4 and Audi A6 vehicles, to address issues relating to water ingress caused by the plenum drain system in those vehicles. Pursuant to this Service Action, authorized Audi dealerships will inspect and modify the plenum drain system free of charge. In addition, any expenses that have been incurred as a result of water ingress into the interior of the vehicle caused by the plenum drain system may be reimbursable. More information about Service action JU can be found under the More Information section of this website.

BENEFITS FOR CURRENT OWNERS AND LESSEES OF MODEL YEARS:
** 2005 - 2008 AUDI A4 B7 PLATFORM VEHICLES EQUIPPED WITH SUNROOF (VINS IN MY 2005 WITH “8E” IN POSITION 7 AND 8 AND ALSO “A” OR ”D” OR ”K” OR ”G” OR “U” IN POSITION 4) (INCLUDING S AND RS VERSIONS)
** 1997 AUDI A6 C4 VEHICLES
** 2005 - 2009 AUDI A6 C6 VEHICLES EQUIPPED WITH SUNROOF (INCLUDING S AND RS VERSIONS)
** 1997 - 2009 AUDI A8 VEHICLES (INCLUDING S VERSIONS)

Revised Maintenance Program
Audi is recommending inspection (and cleaning if necessary) of the sunroof drain systems and plenum drains every 40,000 miles (or at the last scheduled maintenance interval prior to 40,000 miles) or every 2 years, whichever comes first (the “Revised Maintenance Schedule”) as well as periodic checking and clearing of foreign matter or debris from the front sunroof drain valves and plenum areas. A copy of the Revised Maintenance Schedule, in the form of an insert to the Maintenance Booklet, is being sent with the Notice materials.

Look up your VIN number at www.WateringRessSettlement.com to determine if you're eligible to submit a claim in the Volkswagen/Audi leaky sunroof lawsuit.