After BMW was already confronted with the recall of 1.5 million vehicles due to malfunctions in the braking system, the first serious accident involving one of the recalled vehicles has now occurred.
This incident raises questions, especially in light of BMW's conduct. The driver of a BMW X7, who had recently purchased the car, was on his way to vacation with his family and dogs. The accident occurred on a speed-restricted section of the motorway, with the vehicle's speed limited to 120 km/h. Without warning, the vehicle suffered a system failure, forcing the driver to drastically increase braking force. The failure of ABS and DSC significantly exacerbated the situation.
Despite increased braking and a stopping distance of approximately 200 meters, a collision with another vehicle was unavoidable. Although the driver had a mobility guarantee, he had to resort to public transport because his car was no longer drivable.
Three days after the accident, the driver was notified of his vehicle's recall, which indicated potential ABS and DSC failures and stated that very strong brake pressure was necessary. Only then did the driver understand how the accident occurred. An inquiry to BMW by a leading German newspaper revealed that the company was aware of the accident and could not identify any faults in the braking system, which raises questions given the car's damage.
Shortly after the press release, the driver received a letter from BMW confirming a system malfunction and announcing the replacement of the Integrated Braking System (IBS). This raises questions about BMW's consistent communication.
BMW has also imposed a delivery freeze on approximately 400,000 vehicles. These vehicles will only be delivered after a software update and, if necessary, the installation of a new braking system, which BMW says will take several months due to a lack of the necessary spare parts. The vehicles will only be delivered after customers have read and signed an information letter.
Given this situation, affected customers should exercise their rights and declare withdrawal if necessary.
Affected models from 2022 onwards:
- BMW 2 Series Active Tourer
- BMW x1 and ix1
- BMW XM
- BMW X5 LCI
- BMW X5 LCI
- BMW X6 LCI
- BMW X6M LCI
- BMW X7 LCI
- BMW 5 Series Sedan including i5
- BMW 7 Series Sedan
- BMW Alpina XB7
- Mini Cooper
- Mini Countryman
- Rolls-Royce Spectre
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Legal options for BMW customers: options for action in the event of recalls and material defects
BMW customers affected by the current recalls have various legal options to take action against potential defects. According to the statutory warranty for material defects, which applies to new cars for two years from the date of purchase, warranty claims for vehicles purchased in 2022 can be asserted until the end of 2024.
Customers have the right to reduce the purchase price or withdraw from the purchase contract if the manufacturer is at fault. In such cases, they may also be entitled to compensation. However, customers are generally not entitled to a replacement vehicle or a rental car during the repair period, which can cause considerable inconvenience.
In practice, it is often the courts that decide on such cases, especially when it involves the return of the vehicle against reimbursement of the purchase price less compensation for use or pure compensation for damages.
It is important that those affected take action to assert their rights and avoid potential financial losses. In Germany, legal expenses insurance often covers the costs of such proceedings, provided the relevant insurance coverage was already in place at the time of purchase. There is also the option of litigation funding, which allows you to take legal action against the car manufacturer without any financial risk.
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