2000 323ia Transmission Failure Class Action Lawsuit

[Derek 350i]

I have contacted an attorney regarding a possible Class Action Lawsuit against BMW for the reverse failure on 2000 BMW 323i automatics. I realize that in Class Action suits, the only ones who make out are the attorneys, but I am okay with that. I have already spent the money for the transmission replacement, but I would like BMW to have to pay as well. It is total BS that these transmissions fail as quickly as they do.

If you have had a trans failure, whether you want to be part of the lawsuit or not, please fill in your experience here. It can serve as a central repository of info while it is determined if the case has merit.
http://www.consumeraffairs.com/autom...bmw_trans.html

Let me also say, I am not a litigious person, but I also don't like taking it in the can by "the man".

[sjpgoalie]

That is a terrible case to bring against BMW. Basically, your going after BMW for puting a GM transmission in their cars that in >5% of total sales, failed. Almost every automatic transmission will have to be replace on a car that sees over 120,000 miles.

The bigger problem is rear subframe failure, which is worth going after BMW for and even still we problem won't see something come out of it.

If the only people who make out are the attorneys, why are you bothering? It's a problem that was corrected, it's not as though they're still knowingly selling them that way.

The auto trans failure was blown out of proportion. Good luck finding support, seriously.

[Derek 350i]

I run a business and I would love if the whole world let you off when YOU fvck up just by saying, "We corrected the problem so no one else will have to suffer the same sh&t you did." Where I come from, if you make a mistake, you are let off the hook once you take care of it by the individual who suffered from it.

Maybe you live in a kinder, gentler world...

[bluskye]

Talk to Honda. Their V6 sedan trannies up to 2004 (including the Acura past gen TL/CL) had like a 80% failure rate before 80k mi. PS, I have one of those trannies in our 2003 accord that is starting to slip.

But yes, the subframe failure is more common. It also crosses over to the Z3 models. Your car falls into both categories, maybe you should hop on the subframe failure class action law suit too.

[parabellum]

Yeah, you are not going to get ANYWHERE with that lawsuit. Do yourself a favor and bail out now, before you lose too much time and money.

[bb2h22]

Talk to Honda. Their V6 sedan trannies up to 2004 (including the Acura past gen TL/CL) had like a 80% failure rate before 80k mi. PS, I have one of those trannies in our 2003 accord that is starting to slip.

If you're under 100k, they'll replace it for free.

[parabellum]

Honda has built their business in the US on their reputation for reliability...so they are very smart to offer a replacement for free under 100K...it would cost them more in the long run if they didn't.

However, BMW has their reputation based on performance and exclusivity, neither of which are really harmed by their negligence of this and the subframe problem.

The subframe problem was mentioned as as worse issue...but it can be prevented/repaired by installing the Turner reinforcement kit...so at least there is a fix for it that is less than $1000....a new trans is big $$.

[bb2h22]

The subframe problem was mentioned as as worse issue...but it can be prevented/repaired by installing the Turner reinforcement kit...so at least there is a fix for it that is less than $1000....a new trans is big $$.

Do you have any links to more info on this and where to ge the kit?

[parabellum]

Sure.

You can get the kit from Turner Motorsports here:

http://www.turnermotorsport.com/html...nforcementKits

Scroll down for the reinforcement kits....

[f1fan99]

Talk to Honda. Their V6 sedan trannies up to 2004 (including the Acura past gen TL/CL) had like a 80% failure rate before 80k mi. PS, I have one of those trannies in our 2003 accord that is starting to slip.

But yes, the subframe failure is more common. It also crosses over to the Z3 models. Your car falls into both categories, maybe you should hop on the subframe failure class action law suit too.

I think that percentage might be a little high, I had the recall done on mine, they weren't willing to extend the warranty or anything. I know lots of people w/that were affected by the recall, and none that ever had a tranny failure.

[acarrera79]

parabellum - what's the cost of getting someone to install it though? It looks like it's a major project.

[sjpgoalie]

I run a business and I would love if the whole world let you off when YOU fvck up just by saying, "We corrected the problem so no one else will have to suffer the same sh&t you did." Where I come from, if you make a mistake, you are let off the hook once you take care of it by the individual who suffered from it.

Maybe you live in a kinder, gentler world...

I'm just saying it doesn't make much sense to go after BMW now, you kind of missed the boat. Six to seven years after they've stopped putting that transmission in...and you decided to bring a class action suit on them now? I see the point in going after them if they continued to screw people over and over by selling it for a longer period of time than they did.

It just doesn't make much sense to sue someone for a part failure on a car that's seven years old. It's SEVEN years old now and not under warrenty, parts are going to begin to fail and need to be replaced.

[Derek 350i]

I'm just saying it doesn't make much sense to go after BMW now, you kind of missed the boat. Six to seven years after they've stopped putting that transmission in...and you decided to bring a class action suit on them now? I see the point in going after them if they continued to screw people over and over by selling it for a longer period of time than they did.

Well the transmissions didn't really start failing until 50 - 60K miles down the road. So it is pretty hard to go after them while they were putting them in when they weren't failing. It really doesn't matter how long they put them in, it is the fact that they put them in and they were not up to standards.

It just doesn't make much sense to sue someone for a part failure on a car that's seven years old. It's SEVEN years old now and not under warrenty, parts are going to begin to fail and need to be replaced.

I understand that with age parts fail. I have been driving BMWs for 17 years, and aside from the exploding S54 engines, this is about the biggest engineering mistake they have made. The whole not being under warranty argument doesn't make sense, because if it was, they would replace it under warranty. Read some of the entries on the link I listed above. If you still feel that BMW did nothing wrong by not recalling cars with this trans, I have nothing else to say.

[parabellum]

I don't remember the cost of the reinforcement kit install, but its not too bad. I think someone had the entire thing done for like $700 if I remember correctly.

[ca1242]

I certainly believe the percentage. The tranny in my odyssey failed at less than 30k miles (and was replaced under warranty), at 60k miles+ the second transmission is getting a bit jerky. I have yet to talk to someone with an odyssey that hasn't had transmission problems.

I think that percentage might be a little high, I had the recall done on mine, they weren't willing to extend the warranty or anything. I know lots of people w/that were affected by the recall, and none that ever had a tranny failure.

[parabellum]

^...wow....that SUCKS.

[akhbhaat]

There's an entire booklet provided with each new car filled with legalese explaining the terms and conditions of the new car warranty and its purpose.

I suggest you read it cover to cover before you attempt to go forward with this lawsuit.

[Derek 350i]

I am not going to debate the merits of this case. If you have info to add to the site, great, if not please disregard this thread.

D

[sjpgoalie]

It really doesn't matter how long they put them in, it is the fact that they put them in and they were not up to standards.

Standards? What standards? With transmissions, talk about a gray area...

I understand that with age parts fail. I have been driving BMWs for 17 years, and aside from the exploding S54 engines, this is about the biggest engineering mistake they have made. The whole not being under warranty argument doesn't make sense, because if it was, they would replace it under warranty. Read some of the entries on the link I listed above. If you still feel that BMW did nothing wrong by not recalling cars with this trans, I have nothing else to say.

There was a recall on those S54 motors. FYI, if your transmission failed under warrenty, it was replaced...so long as you can prove that it wasn't a user error. Parts failing after warrenty is a fact of owning cars. Engineering blunder? It's not even a part designed or built by BMW.

Now the subframe failures, that was a design error made by BMW directly, we've got something there. But seriously keep us posted about this, I already know what's going to come out of it. The trannys which went at 50-60k, were seriously on the extreme end of the spectrum...I mean we're talking less than 1%.

[Derek 350i]

I am not going to debate the merits of this case. If you have info to add to the site, great, if not please disregard this thread.

D

unsubscribing

[LucciLou61]

shoulda got the 5 speed.

[GetReal]

My daughter has a 323I Wagon. And the Auto. Transmission JUST AT went AT 85M also. This is all over the Internet about this problem. We dropped the pan and some tran. Parts were there. She only drove it 2 miles every day to school. She drives slow. I have had 4 other BMWs in the past myself but would have to say no to looking at one again. Some of my friends with deep pockets are looking to get rid of theirs in fear of the same thing. And BMW will do nothing about it. BMW went cheap to make more money and lost a customer line. Spread the word.

My daughter has a 323I Wagon. And the Auto.Transmission went AT 85M also. This is all over the Internet about this problem. We dropped the pan and some tran. Parts were there. She only drove it 2 miles every day to school. She drives slow. I have had 4 other BMWs in the past myself but would have to say no to looking at one again. Some of my friends with deep pockets are looking to get rid of theirs in fear of the same thing. And BMW will do nothing about it. . Spread the word.

[nathancarter]

Spread the word.

Spread the word ...that ... early E46 auto transmissions are crap?

You're preachin' to the choir, buddy.

[mcoxpdx]

Chiming in late here, but...with an '01 auto, should I be worried about impending doom? 112k...

[nathancarter]

Not necessarily; the specific problems were more often experienced on the 323s and 328s. HOWEVER, remember that no automatic transmission lasts forever, so if you hit 150k with an auto, you're doing pretty good.