Some suggestions from experience:

Keep a log in chronological order. Use your invoices for back-up documentation. Call BMWNA and start a claim. You will be assigned to a rep. Ask them if you can send them a letter that includes everything factual, including how long the car was in the shop. In the letter, request a direct replacement with a new vehicle with the same options.

Be patient. Be polite. They called us every week with a status of our claim. You want to get a decision from a District Service Manager or equal. The first decision is made by the Service Manager at your dealer. If not favorable, ask to escalate it to the District Manager.

Good luck.

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Arrived - '11 35d Alpine White/Black, Sport w/Adaptive Drive, 214's, Tech, Prem, Ipod/Sirius, R Climate, Probably no First Aid Kit
'01 Suburban "Shrek" 130K miles and still strong.
'01 Volvo S40 1.8T - Inherited by youngest daughter
'06 Acura TL MBP Navi Camel - Inherited by eldest daughter
GONE - '09 35d Alpine White/Black Sport, Tech, Prem, Ipod, R Climate, No First Aid Kit