Air Bag Not Deploy problems of the 2004 BMW 5 Series

Passenger seat/airbag warning malfunction. This warning has been on since I purchased vehicle. It is obviously the common seat mat sensor failure. And it would appear that either my VIN isn't on the previous recall or it has expired for my year and model. But my wife sits in that seat and if we have an accident and her airbags do not deploy whose fault will that be?.

While traveling and slowing down to make a turn into a business, the car beside me (left of me) makes a quick fast u turn and ends up hitting my car. Airbags deployed, hitting me into my face/head very hard. I have been in treatment since. I have had to have major surgery on my neck, still have problems and may need more surgery. My neck will not be the same and always in pain. I have loud ringing in my ears that is permanent. I have headaches with sinus problems. I believe I would have been fine with my seat belt on. I feel like the airbags should have not deployed under these conditions. I now suffer from depression, can't work doing what I have done for over 20 years now and anything else very long with out being in pain in my neck. I am very upset over this.

My car has the passenger restraint system malfunction message on the navigation screen and also the seatbelt light and the airbag light are illuminated on the dashboard. There is a recall for seat occupancy sensor below and as you can see my car falls within the criteria as the cars affected by the recall but a visit to my local BMW dealer revealed that there was no active recalls under my VIN number. This is an obvious safety issue as airbags will not deploy and the risk of being seriously hurt or killed. This is something that BMW should replace in my car under the recall as it has the same malfunctioning part such as the cars listed below. Recall id # 57362 - air bags:frontal recall date Aug 05, 2008 recall date: Aug 05, 2008 model affected: 2006 BMW 3-series summary: BMW is recalling 200,000 my 2006 3 series sport seat, my 2004-2006 5 Series standard and sport seat, and my 2004-2006 x3 passenger vehicles. Depending on the manner and frequency of the front passenger's entry and exit, small cracks have developed in the mat. If this occurs, the front passenger air bags, with the exception of the head protection system, will be deactivated and the air bag warning lamp as well as the passenger air bag "on-off" lamp will be illuminated. Consequences: in this situation the front passenger air bags will not deploy even if a sufficiently severe accident would occur and occupant protection provided by the system would not be possible. Remedy: dealers will rework the front passenger seat sensor mat so that external force application to the seat does not cause a crack to the mat. The recall began on November 6, 2008. BMW will also extend the warranty on these vehicles to 10 years from first registration without any mileage limit. Owners may contact BMW at 1-800-525-7417. Potential units affected: 200000 notes: BMW of north America, llc.

My front passenger seat occupant detection mat has cracks in it and does not function properly. My front airbag may not deploy in case of an accident. There has been a recall for that part for my make model and year but BMW north America claims that my VIN number is not on the list even thought my make model and year is a part of the recall. There are also several other recalls for this particular car and again my VIN is not on the list but I have the issues listed in the recall.