2010 BMW 328I

The vehicle constantly and increasingly exhibits the symptoms described in RECALL CAMPAIGN 13V-044: REPAIR BATTERY POSITIVE CABLE, dated XXX , i.e., various electrical malfunctions, including flickering of the instrument cluster, and brief loss of engine power. However, VIN [XXX] is NOT included in this campaign. It appears that the next possibility, even though deemed "extremely isolated" by the recall, is that "the engine may shut off while driving, which leads to a loss of power steering assistance." BMW and NHTSA each state that the other is responsible for including VINs in a recall, yet I am the one at risk of crash. Do I need to seek legal action against both BMW and NHTSA to determine who is responsible for adding the VIN to the recall so BMW can eventually reimburse me for the needed repairs? INFORMATION REDACTED PURSUANT TO THE FREEDOM OF INFORMATION ACT (FOIA), 5 U.S.C. 552(B)(6)

NHTSA ID

11746698

Incident

Jun 26, 2026

I am filing a formal complaint against BMW Seattle for violating federal recall remedy mandates under 49 U.S.C. Chapter 301. The vehicle was delivered for mandatory safety recall 23V-707 after an on-road mechanical shear of the covered VANOS bolts. The dealer has created illegal commercial barriers and failed to fully execute the federal remedy. First, the service department issued a written estimate for $4,405.67, claiming the CAS module and locks failed and required replacement to resolve a no-start condition. I challenged the repair on technical grounds and authorized a new battery and valid key only, the dealer admitted in writing that the electrical sync restored seamlessly and the engine started. They attempted to extract thousands for a functioning module before verifying the recall. Second, the VANOS bolts sheared resulting in certain valve-piston contact. The dealer claimed the engine passed a compression check but refused to provide raw ISTA diagnostic logs to verify this safety threshold. Instead, they demanded an additional out-of-pocket fee of $669.60 to re-perform a test they claimed to have completed, creating a commercial barrier to basic remedy verification. Third, the dealer demanded $2,136.69 to replace a compromised valve cover and PCV valve which functioned without issue pre-failure. Valve cover removal is required for vanos repair and requiring consumer expense for mandatory safety repair is legally prohibited. Indeed, Under BMW SIB 11 09 23, collateral damage must be routed through corporate TSARA, not the consumer. Fourth, the steel VANOS bolt heads sheared completely off. The official remedy mandates dropping the oil pan to locate and remove these fragments to prevent total oil pressure loss. Despite my repeated requests for verification of removal, nothing was provided, the car was inoperable, and I was advised that the recall repair was complete and the vehicle was in outdoor fenced lot awaiting arrangements for removal.

NHTSA ID

11742298

Incident

Jun 5, 2026

The contact owns a 2010 BMW 328I. The contact stated that the vehicle was taken to the dealer for an unknown recall repair, but the vehicle experienced the failure after the repair. The contact stated that while driving at an undisclosed speed, the vehicle lost automotive power, and the check engine warning light was illuminated. The vehicle was taken back to the dealer, where it was initially diagnosed that the oil cap had failed. The dealer later informed the contact that the camshaft solenoid had failed and needed to be replaced. The vehicle was not repaired. The manufacturer was made aware of the failure. The approximate failure mileage was 110,000.

NHTSA ID

11733290

Incident

Apr 23, 2026

Mileage

110,000 mi

The contact owns a 2010 BMW 328I. The contact received notifications of NHTSA Campaign Numbers: 24V513000 (Air Bags), 23V707000 (Engine and Engine Cooling), and 22V119000 (Engine and Engine Cooling); however, the parts to do the recall repairs were unavailable. The contact stated that the manufacturer had exceeded a reasonable amount of time for the recall repairs. The contact stated that while accelerating from the vehicle idling, and turning left or right, the transmission hesitated before shifting hard. Occasionally, while attempting to accelerate, the vehicle unintendedly decelerated, hesitated, and failed to accelerate as intended. The vehicle intermittently stalled, and the contact would release the accelerator pedal, depress the brake pedal, and allow the steering wheel failure to self-correct. The failures became more persistent. The ABS, check engine, X-Drive Fluid, ESC, and TPMS warning lights were illuminated. The contact stated that after adding fluid, the failure persisted. The driver's front seat air bag failed to activate intermittently while the driver's seat was occupied. The heating system occasionally failed to operate. The contact became aware of fluid under the vehicle. The dealer was contacted, but the vehicle was not repaired. The vehicle was taken to a certified mechanic to be diagnosed, and the air bag and traction control warning lights were illuminated. The certified mechanic recommended an oil change because the engine oil was dirty. The vehicle was not repaired. The contact radiator was repaired to resolve the failure with the heating system, but the failures persisted. The manufacturer was not informed of the failures. The failure mileage was unknown.

NHTSA ID

11733200

Incident

Mar 17, 2026

Odometer Fraud. The contact purchased a 2010 BMW 328I. It was discovered that there was a mileage discrepancy. The vehicle was a private sale. At the time of purchase, the vehicle mileage was 107,414. The contact stated that, while driving 25 MPH over a pothole, several systems in the vehicle unexpectedly reset; however, the speedometer had not reset. The contact stated that the vehicle had not been driven a whole lot. The mileage was reset to approximately 120,000 miles. The contact attempted to retrieve a Carfax Report for the vehicle and became aware that the most recent information on the VIN was posted by the seller. The contact called the seller. No other agencies were contacted.

NHTSA ID

11733199

Incident

Apr 23, 2026

Mileage

120,000 mi

The contact owns a 2010 BMW 328I. The contact stated that when the vehicle was started, the vehicle was idling rough and occasionally, the vehicle lost automotive power. The contact stated that the failure was intermittent but was more frequent. The contact stated that the check engine warning light was illuminated. While the vehicle was idling, the RPM was fluctuating between 800 - 1,000 RPM. The vehicle was taken to an independent mechanic, who diagnosed the vehicle and determined that there was a failure with the VANOS valve timing system. The contact was informed that the VANOS valve timing system needed to be replaced. The contact researched online and related the failure to NHTSA Campaign Number: 23V707000 (Engine and Engine Cooling); however, the VIN was not included in the recall. The vehicle was not repaired. The manufacturer was informed of the failure and advised the contact that recalls were VIN-specific and that the VIN was not included in the recall. The failure mileage was approximately 130,000.

NHTSA ID

11723902

Incident

Aug 18, 2025

Mileage

130,000 mi

2010 bmw 328i xdrive: Had in for recall PCV 1/08/2025. This vehicle has had a prior recall for same issue before i owned in 2014. Motorwerks BMW failed to complete recall, as parts and repair bulletin from BMW OF AMERICA has parts list. Motorwerks just CHOSE to put items, subtitled under other services/self pay. When I asked about this they responded that CAR WAS OUT OF WARRANTY ....as build date put it a year out? A RECALL IS A RECALL ITS FOREVER, OR THE LIFE OF CAR. not when they the dealer/shop and BMW right? i have filed and called and complained to numerous places including NCDS, BMW of AMERICA and have gotten no traction or reasonable response. Now I'm having VANOS related issues, serious issues, but no recall listed?, even though the year and style and build date put it in parameters of SAFETY RECALL not just manufacture voluntary recall.

NHTSA ID

11722638

Incident

Mar 2, 2026

A few months ago, I tried to get the above-referenced recall item taken care of at BMW of West Houston (Texas). I was told by the dealership service advisor that it would take at least two days to get the work done. The recall notice, of course, says the work should take about four hours. I was also told that in many cases the valve cover gets bent when performing this work and the cost of the replacement valve cover would be my responsibility. I was very disappointed of course. I don't think that I should pay for anything related to getting a safety recall taken care of. Safety recalls are very serious and for that reason I have sent the enclosed letter to BMW of North America I have also sent a letter to BMW of West Houston, 20822 Katy Freeway, Katy, TX 77449 expressing my disappointment. I am hopeful that I can get this recall, and the several other recalls this particularly car is subject to, taken care· of soon and without much drama. I would appreciate any guidance you can provide.

NHTSA ID

11659690

Incident

Apr 24, 2025

The basic conditions for initializing the power windows are not met.

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