NFT: Vehicle repair issue; partial recall but mine not covered?

As BBI is a treasure trove of information I turn to the Corner Forum for a bit of guidance..

I own a 2006 BMW 330xi with sport seats and approximately six months ago I noticed that my passenger airbag and seatbelt indicator warning lights were illuminated even when a passenger was properly belted into their seat. Essentially, my car is telling me that if I were to get in an accident the passenger side airbag would not deploy. Aside from the cosmetic annoyance of the indicator light, I also do not want to jeopardize the welfare of my passengers.

I did my due dilligence online to find that this seems to have become a rather common occurance with my model vehicle and there have been partial recalls in the past for the non-sport version model of my vehicle for this very issue (defective seat mat sensor). My particular vehicle was not part of this partial recall. However, in November BMW USA recognized that this issue is a bit more widespread and began circulating information to their dealers regarding a more widespread recall to follow and the National Highway Traffic Safety Administration (NHTSA) issued a warning speaking to this. Essentially BMW USA has acknowledged the issue and has provided guidance that a recall probably will be forthcoming but has not identified the exact vehicles or the exact date when corrective action will take place.

My vehicle is already demonstrating the effects of the issue. If I were to get into an accident my passenger would not have the benefit of an airbag. I brought my vehicle into my local BMW dealership and they told me that there is not a current recall (yet) on my vehicle although they acknowledge that a recall may be imminent and my issue appears to be directly related to that particular defect. Without the official recall, however, my dealer is asking me to pay for the full cost of repairs with the caveat that the "TREAD Act" would reimburse my costs if BMW did eventually recall my vehicle model for this issue.

I really do not want to pay for the repairs of this issue because A) its quite expensive and cost prohibitive B) I fear a technicality in which my particular vehicle is not covered under some future recall.

My position is that there is clearly an issue recognized by BMW and the NHTSA. My vehicle clearly is demonstrating the symptoms of this issue. My passengers are being put at considerable risk every day that this defect is not corrected.

Do I have any recourse to help spur BMW USA to take action on my vehicle persuant to their acknowledgement of this issue? If BMW does issue a recall and my particular vehicle VIN happens to fall outside of the recall do I have recourse? What sort of liability does BMW have at this point?

With all of the backlash facing General Motors and their CEO, Mary Barra, testifying in front of Congress due to the inaction of GM in the wake of known vehicle defects, I would think that BMW USA would look to get in front of these issues. As I asked the dealership, if I am involved in an accident between now and an official recall, who is liable if my passenger is injured as a result of this acknowledged systematic issue?