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BMW 3-Series (E90 E92) Forum > E90 / E92 / E93 3-series Technical Forums > Mechanical Maintenance: Break-in / Oil & Fluids / Servicing / Warranty > Time to Take this to the Courts (PS PULLEY AND SERPENTINE BELT)



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      08-29-2012, 02:43 PM   #1
darkw1sh
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Time to Take this to the Courts (PS PULLEY AND SERPENTINE BELT)

Good Afternoon E90ers,

I have seen countless numbers of belts ripping, causing damage, from the power steering pulley and subframe contact. I have been gathering data from local shops and getting their opinions it seems as though this is a manufacture defect. I have been reviewing the e46 class action lawsuit, and there are a lot of similarities between the cases.

I have placed the SIB below:





Also if this was not a serious issue why would they rebuild the subframe and recommend to replace if the Power Steering Pulley contacts the subframe.

After further review and analysis of the issue at hand, this issue should have been a recall on these vehicles since this is a manufacturing defect. Per SIB 11 09 08, “engine movement can result in the serpentine belt or power steering pump pulley contacting the front engine carrier. If this occurs, the belt and/or pump pulley could be damaged.” Also my 2007 BMW 335i falls under the required condition for the Service Bulletin, “If the pulley is chipped or cracked, then the pulley and the belt must be replaced.” Per the dealer clear signs of contact were found on both the pump and the subframe (SIB 11 09 08 – “If the axle carrier has any sign of contact, then the carrier must be replaced. For E90, E92, and E93 vehicles produced up to 3/19/07 which require replacement of the front axle carrier, the left side engine support (P/N 22 11 6 760 317) must also be installed,” my cars production date is 06/2006). Subframe issues are not new to BMW, due to a Class Action Law Suit settled on August 10, 2009. I have been talking to others that have been experiencing these issues with their 3-Series. Per the SIB, a redesigned subframe has been created; this should have been recalled and replaced. All additional damages caused by this manufacturing flaw should be addressed and repaired accordingly. Also if prior expenses were incurred I would expect every one to get their money back.

Please let me know if you can help with this in anyway.

***I know the subframe issues on the e46 were different but BMW covered them up the same way offering to cover parts and you pay for labor etc. EVERYONE should be covered for this engineering flaw.

If you work in press or media maybe we can get a story going, or if you are a lawyer or can help me with the steps I should pursue.
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      08-31-2012, 11:56 AM   #2
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hey guys,

thanxs a lot for this post.

So my car is an 07 with 69K miles...are they just goin ot tel me to F'off? How should I approach them about the situation?

Also, not a newb but not to experienced in these defect things...what is an SIB?

SIB 11 09 08 ... is this a date?

Belt I can do on my own, but I am concerned withthis happening again. If I approach a dealer with this post from Tom...will this help?

I have never changed the belt andI got 69K mi .. so it is about time to change it but I didn't expect it to break...but I do drive the car hard(or I used to).

Let me know how I should proceed:

1) Dealer? How to approach?
2) Fix it on my own? Watch it carefully?

Much Appreciated guys,
-Peter
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      08-31-2012, 02:07 PM   #3
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Lawsuit, LOL..you've got.to be joking.
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      09-04-2012, 01:09 PM   #4
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Quote:
Originally Posted by MrBEEF View Post
hey guys,

thanxs a lot for this post.

So my car is an 07 with 69K miles...are they just goin ot tel me to F'off? How should I approach them about the situation?

Also, not a newb but not to experienced in these defect things...what is an SIB?

SIB 11 09 08 ... is this a date?

Belt I can do on my own, but I am concerned withthis happening again. If I approach a dealer with this post from Tom...will this help?

I have never changed the belt andI got 69K mi .. so it is about time to change it but I didn't expect it to break...but I do drive the car hard(or I used to).

Let me know how I should proceed:

1) Dealer? How to approach?
2) Fix it on my own? Watch it carefully?

Much Appreciated guys,
-Peter
I took the car to the dealer and told them that we need to get in contact with BMWNA to get this issue solved. This is a manufacture defect and BMWNA pretty much admitted guilt after creating the SIB and re-creating the subframe.

I am glad SoCom has an opinion but he should keep it to himself. For those of us that have experienced this issue we know that it is not our fault for the belt ripping.

UPDATE: I spoke with a few lawyers and it seems we have a case. I will let you know if I want to file a class action or if I will go smaller and sue for my own losses.

Thanks
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      09-05-2012, 07:23 PM   #5
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Litigate litigate!
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      10-20-2012, 06:42 PM   #6
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Quote:
Originally Posted by darkw1sh View Post
I took the car to the dealer and told them that we need to get in contact with BMWNA to get this issue solved. This is a manufacture defect and BMWNA pretty much admitted guilt after creating the SIB and re-creating the subframe.

I am glad SoCom has an opinion but he should keep it to himself. For those of us that have experienced this issue we know that it is not our fault for the belt ripping.

UPDATE: I spoke with a few lawyers and it seems we have a case. I will let you know if I want to file a class action or if I will go smaller and sue for my own losses.

Thanks
It looks like I have the same issue please let me know if you have any updates.
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      10-22-2012, 10:47 AM   #7
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This happened to me last night.. I was doing about 120mph when my SERPENTINE belt ripped, I first noticed my car being extremely unresponsive on the steering so first instinct was to get off the throttle and slow the F#@# down. Figured that power steering was gone..After that I got an Idrive message that was showing charging malfunction along with dynamic drive malfunction. Lol anyways if I didn't notice the change in the steering feel before the curve I could have been in a lot of trouble. Does anyone know if there is a similar design issue with e60 chassis n54s where the sub frame comes into contact with the PS pulley? Also just ordered the belt how easy of DIY is it to change out the stupid belt?
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      01-31-2013, 12:47 PM   #8
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So is BMW not covering under warranty because there is now a TSB? I am confused.
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      01-31-2013, 01:18 PM   #9
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Quote:
Originally Posted by boosted5 View Post
This happened to me last night.. I was doing about 120mph when my SERPENTINE belt ripped.... Lol anyways if I didn't notice the change in the steering feel before the curve I could have been in a lot of trouble.
Really?
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      01-31-2013, 07:02 PM   #10
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Keep us posted. I thin it's getting to a point these vehicles will just be purchased back from bmw if these problems keep going to court. Wastegates, HPFP.... Keep em coming since I'm outside warranty!
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      02-04-2013, 11:38 AM   #11
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Happened to me Saturday. The car is at the dealer being diagnosed. I have Gold Extended warranty. I don't expect much from them. Anyone know what it costs to repair?
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      02-04-2013, 04:12 PM   #12
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well for me it was around 6.5K for everything. but i got some help from BMWNA, still think they should have covered all of it!

This is bullshit!
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      05-06-2013, 07:16 PM   #13
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any updates on this? i have 84k miles in my 07 e92 and the power steering pump took a shit on me, of course cpo expired last month as well. I removed the pulley and of course it is missing a HUGE chunk, so there was nothing i could do at the moment. i installed the new pump and now i have to wait till the damn pulley gets here because nobody has it in stock.
this is a manufacturer problem. IT SHOULD BE COVERED!
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      05-10-2013, 11:50 AM   #14
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Yea let the lawyers pockets $3 million and the bmw owners all get a $14.99 check
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      05-16-2013, 10:42 AM   #15
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This just happened to me @ 62k miles. Power steering is completely gone and now I hear a screech from the belts
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      05-16-2013, 05:16 PM   #16
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Quote:
Originally Posted by Ddang06 View Post
This just happened to me @ 62k miles. Power steering is completely gone and now I hear a screech from the belts

Anyone in CA facing a situation in which BMW refuses to cover this repair under warranty please PM me.
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      06-03-2013, 10:38 AM   #17
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Just happened to me too. Am awaiting a call back from BMW NA as to what they will do regarding reimbursement of the $2800 job. Will keep all informed.
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      06-03-2013, 12:20 PM   #18
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Anyone past 04/08 manufacturing date (e90) this happened to ? I just bought an 2008 335i sedan and am worried, it happened to my neighbor's 535i, luckily CPO covered him, I dont have warranty.. can there be any preventive measure taken to avoid this ? (any engine mounting swap out to help it from colliding with the front axle as I understand is the major cause of this)
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      06-03-2013, 03:33 PM   #19
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It happened to me twice, second time BMW replaced the block with shaft, basically tearing engine apart and creating mano issues now. And I am out of warranty... Btw, I have e60 535i
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      06-04-2013, 07:07 AM   #20
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Yea let the lawyers pockets $3 million and the bmw owners all get a $14.99 check
Yep. Especially if the case is heard in California. Lots of starving lawyer's in that state.
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      06-07-2013, 08:05 PM   #21
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Thumbs down Same problem here

After having my car for three days, I was told by the dealership that I have the same problem here. I was told that my 8/08 manufacture date is after the fix?? Clearly not fixed. The guys at BMW raised the car and showed me with a mirror where the power steering pulley hit the subframe. Belt came off while I was driving - about to get on the highway - where I lost power steering and then the car died (after lots of lights and errors coming up). It was dangerous. It has been quite a while since I remember going over a speed bump and hitting the bottom (which is very easy in my 335i conv. with these massive bumps and roads in Houston). Either way, this is a design defect, I'm at 52,000 miles with the CPO - same story - not going to cover under warranty - quoted me $3,300 for the fix which includes some crank shaft work/oil pan removal because "it is likely that shards entered through the seal." they couldn't tell me if that's the case of not - but still need to do the labor to be safe.

Anyway, I pitched a fit and said this was a clear design defect. They are going to check with BMWNA to see if they can get me some coverage. Anyone else have this problem with a late '08 or after? I'm not sure how they can say that it was fixed for my year when I have the same problem and the tech himself said that they see this often with the pre -4/08 models. He wouldn't really say if he's also seen it after. IMO, if they fixed it, they didn't do it correctly. And, really, when he showed me the distance between the pulley and the frame, I was a bit shocked at how they designed the car with this sharp pulley aimed right above the frame.

I'd be interested in hearing if you've had this problem and what area you live in. I've spoken to my lawyer (I'm a lawyer myself) and put him on alert if they don't come back with solution that doesn't involve me paying thousands for their poor design.
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      06-07-2013, 09:42 PM   #22
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I dont get how the CPO warranty is covering some people but not others, wtf is that? I didnt have any frame damage or pulley damage, literally my belt just snapped so mine was covered under my maintenance plan but nonethless, this worries me.
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