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|BMW 3-Series Defective Sub-Frame Class Action Lawsuit Settlement|
- Wednesday, 12 May 2010 20:12
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Award (how much your claim may be worth): Reimbursement for any repairs on your BMW sub-frame already completed, or a free inspection and repair of any damage of the sub-frame at your local BMW dealer.
Class Action Lawsuit Settlement Case(s): Bacca v. BMW of North America, LLC Case No. CV 06-06753 DDP (C.D. Cal.) in the United States District Court for the Central District of California
Website Link to access the Class Action Lawsuit Settlement and get YOUR Stake (DOWNLOAD CLAIM FORM HERE): www.e46subframeclassactionsettlement.com
Address of Class Action Lawsuit Settlement Administrator to submit a claim form (REQUIRED):
Gilardi & Co. LLC
P.O. Box 808054
Petaluma, CA 94975-8054
Details: The BMW 3 Series Defective Sub-Frame class action lawsuit alleges that the sub-frame in 1999-2006 Model Year BMW 3 Series vehicles are defective in that the rear axle supports weaken from the constant loading and unloading associated with normal driving, eventually fracturing and ripping away from the chassis sheet metal. The BMW sub-frame class action lawsuit asserts claims against the North American distributor of BMW vehicles, BMW of North America, LLC, (“BMW NA”) for breach of warranty and violation of consumer protection laws.
Who's included in the BMW 3-Series defective sub-frame class action settlement? All United States residents who (i) currently own or lease a Class Vehicle, or (ii) formerly owned or leased a Class Vehicle and incurred an out-of-pocket expense relating to the repair of his/her vehicle’s sub-frame due to the Sub-Frame Condition. Class Vehicles are BMW E46 Vehicles distributed by BMW NA in the United States. BMW E46 Vehicles consist of all 1999-2006 Model Year 3 Series vehicles and does not include the Z3 model vehicle (E36) or Z4 model vehicle (E85). Sub-Frame Condition refers to a fracture or fractures on the rear axle supports for the sub-frame of the Class Vehicles.
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.
Purchased From: 1996 - 2006 Model Year BMW 3 Series Vehicles
Claims must be submitted online (if applicable) or postmarked by: 9/2/10
Class Action Lawsuit Settlement Amount(s): $6,625,000 = $5,000,000 to BMW dealers and consumers for inspections and repair (ESTIMATE) + $1,122,500 Attorney Fees and Expenses (ESTIMATE) + $2,500 for each Representative Plaintiff + $500,000 Settlement Administrator and Notification Costs (ESTIMATE)
Eric H. Gibbs
Girard Gibbs LLP
Melissa M. Harnett
Wasserman, Comden, Casselman & Esensten LLP
Roy M. Brisbois
Lewis, Brisbois, Bisgaard & Smith LLP
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Last Updated on Thursday, 27 December 2012 11:09