Complaint Review: BMW of North America LLC

We would like to submit a report on our 2011 BMW X5d (diesel) what was involved in a minor vehicle accident in Dec 2012 due to a sudden loss of power steering at a low speed, just months before BMW  issued a recall for the identical problem.

 The vehicle still to this day has a problem with the power steering or X-drive (all-wheel drive) systems and unusual premature tire wear with chunks of rubber coming off the tires.  

The problem was first identified to Fields BMW in Jun of 2012 and continually worked on by BMW of North America, and at Fields and BMW of Melbourne until Feb 2013.

We do have a recording of a BMW of North America Master Technician admitting to the problem that BMW refuses to correct.  We have documentation of the problems being reported, the failure of BMW to correct the issue as well as a letter from BMW of North America stating it is safe to drive.  BMW's own attourney, Bruce Bennett of Hinshaw & Culbertson, LLP went on record stating "the vehicle is unsafe and that I am irresponsibe for allowing my wife to drive the vehicle".

In fact Fields BMW as well as Melbourne BMW refuse to even perform routine work on our vehicle even though it's advertised as "no maintenance for 4years/50,000 miles".  This is at any dealership we have gone to due to a note in the database from BMW of North America.  

Also, vehicle service history has been fraudulently erased from their database when going to another dealer with the exception of oil changes and the note from BMW of North America.  Other than that, there is no longer a vehicle history, although I do have original and copies of all invoices, complaints and repair orders.  Please let me know if you are interested in more information to support these claims report these claims. 

Since everyone who drives the vehicle claims "unofficially" that it is unsafe, I have beein unable to get the issue corrected and allow my wife to have a safe vehicle to drive.  We purchased the vehicle brand new, and for a $60,000 car it is unbelievable that a BMW dealership would not resolve our complaint.  

BMW's attourney insisted that the accident was caused by iterattic driving even though witnesses and the police investigation and reports substantiated my claims of a loss of power steering.

I have no alternative transportation for my wife and with the expense of this vehicle no choice but to allow her to continue driving it until this is resolved, if ever.  The vehicle is worthless due to the steering issue so doing an ordinary trade-in is not an option.  

BMW has known since before they sold the vehicle to us that they are having complaints of loss of power steering, they did not notify us ever of these issues affecting the X5 diesels and we had to find out through our insurance company.

i have no options at this time, I am stuck in a lemon, the dealer refuses to help and I have to continue making payments on a vehicle that is not roadworthy.  My fear is that someone will be injured or killed due to BMW's neglect to help us with this issue.  Additionally, many others are in a similar situation and are being told their vehicles are safe to drive, when in fact they are not.