BMW Key Fob Locking Defect Class Action Settlement

BMW X5 owners have secured a class action settlement which will resolve claims that its key fob may inadvertently lock vehicle doors from inside the car, which could endanger pets and children trapped inside.

Class Members include owners of 2007-2013 X5 vehicles with the optional Comfort Access System.

The BMW class action lawsuit states that 2007 through 2013 BMW X5 models were equipped with an optional “comfort feature” that allowed drivers to lock their vehicles without physically touching the key fob.

This feature, alleged the plaintiffs, resulted in the vehicle locking with the keys inside on some occasions. According to the BMW class action, the key fob also presented a safety issue because young children or pets could be involuntarily locked in the car with the keys.

In fact, one plaintiff alleged that her young daughter was locked inside a BMW X5. The child was not old enough to unlock to door on her own and her mother had to shatter the car window — terrifying the child in the process.

BMW responded voraciously to the allegations, contending that they never promised that their vehicles would be “lock-proof.” BMW won a temporary dismissal of the class action lawsuit, but plaintiffs were able to amend the complaint.

BMW agreed to settle the locking defect class action lawsuit in February 2018. Class Members include approximately 219,233 current and former BMW X5 vehicle owners.

Under the terms of the settlement agreement, BMW will pay Class Members claims for any lockout expenses, both emergency and non-emergency.

Non-emergency expenses will be paid up to $150, and can include the cost of hiring a locksmith or rental car.

Emergency expenses will be paid up to $500, and can include the costs of repair in the event a car window had to be broken because of a child or pet in the vehicle when it spontaneously locked. In addition, emergency Class Members may also file a claim for the $150 to cover any expenses related to hiring a locksmith, getting a rental car, etc.

BMW has also agreed to provide an insert for the X5’s owners manual that includes warnings regarding the spontaneous locking of vehicles within its comfort access system.

BMW owners who wish to be excluded from this settlement or want to object to it, must do so by Feb. 22, 2019.

Who’s Eligible

Class Members include all current and former 2007 to 2013 model year BMW X5 vehicles with the Comfort Access System.

Potential Award

Up to $650 per vehicle depending on expenses.

Class Members can file a claim for Non-Emergency Out-of-Pockets Costs or Emergency Lockout Out-of-Pocket Costs. For non-emergency reimbursement, BMW owners can receive a maximum payment of $150. BMW owners who fall under the emergency category can file a claim for a total of $650 comprised of $150 for non-emergency costs and up to $500 for emergency expenses.

Proof of Purchase

Claims must include documentation of expenses related to the spontaneous locking of Class Members’ vehicles, including repair bills, insurance reports, or police reports.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

04/08/2019

Case Name

Myers v. BMW North America, et al., Case No. 3:16-­cv-­00412, in the U.S. District Court for the Northern District of California

Final Hearing

03/27/2019

Settlement Website

ComfortAccessSettlement.com

Claims Administrator

Myers Settlement Administrator – 6025
C/O Rust Consulting Inc.
P.O. Box 44
Minneapolis, MN 55440-0044
1-877-310-3707

Class Counsel

Robert L. Starr
LAW OFFICE OF ROBERT L. STARR APC

Stephen M. Harris
LAW OFFICE OF STEPHEN M. HARRIS PC

Defense Counsel

Eric Y. Kizirian
LEWIS BRISBOIS BISGUARD & SMITH LLP