BMW Mini Cooper Engine Defect Class Action Settlement

BMW Mini Cooper owners may benefit from a proposed class action settlement stemming over allegations that certain models contain an engine defect.

BMW of North America LLC has agreed to settle a class action lawsuit that accused the car manufacturer of knowing about the alleged defect since 2008 but not offering to reimburse car owners for the repairs.

The BMW settlement will cover the following Class Vehicles:

• 2008 – 2009 model year MINI Cooper S Clubman (R55)
• 2007 – 2009 model year MINI Cooper S Hardtop (R56)
• 2009 – 2010 model year MINI Cooper S Convertible (R57)

Plaintiffs Joshua Skeen and Laurie Freeman filed the BMW lawsuit after claiming to have spent thousands of dollars  on engine repairs much sooner than anticipated.

According to the BMW class action, Skeen paid more than $3,000 to replace his BMW car engine due to a timing chain defect.

Likewise, Freeman says her Mini Cooper’s timing chain tensioner failed while under warranty and was replaced. However, she claims it failed again shortly after and cost her $1,300 to fix.

Class Members who wish to be excluded or object to the Mini Cooper class action settlement have until July 1, 2016 to do so.

If granted final approval, the Settlement Administrator anticipates that Class Members who file a Claim for the BMW Mini Cooper class action will receive checks by Winter 2016.

UPDATE: On July 26, 2016, a federal judge granted final approval of BMW’s $30 million Mini Cooper class action settlement. 

Who’s Eligible

Class Members include “All current and former owners and lessees within the United States, the District of Columbia, and Puerto Rico of the following vehicles, manufactured at any time from start of production in November 2006 through July 2010” (Class Vehicles):

• 2008 through 2009 model year MINI Cooper S Clubman (R55)
• 2007 through 2009 model year MINI Cooper S Hardtop (R56)
• 2009 through 2010 model year MINI Cooper S Convertible (R57)

Potential Award

Warranty extension on all Class Vehicles and cash payments to eligible Class Members.

All Class Vehicles will receive an automatic warranty extension for original covered parts including:

• Timing-chain tensioner
• Sealing ring
• Timing chain
• Guide rail
• Tensioner rail
• Sliding rail
• Sprocket on the crankshaft
• Bearing bolts for the tensioner
• Guide rails

Where a timing chain has been repaired or replaced, “Covered Parts” includes oil change, oil filter, and cleaning of oil pan.

All Class Members who repaired or replaced a Timing Chain Tensioner or Timing Chain who submit a valid Claim Form are entitled to the following benefits:

Timing Chain Tensioner Repair / Replacement:

• If replaced at an authorized MINI dealer: 100% of full dealer invoice amount for the covered part(s) and labor
• If replaced at a third-party service center other than an authorized MINI dealer: 100% of invoice for covered part(s) and labor, but no more than the equivalent cost as if performed at an authorized MINI dealer (up to $120)

Timing Chain Repair / Replacement:

• If replaced at an authorized MINI dealer: 100% of full dealer invoice amount for the covered part(s) and labor
• If replaced at a third-party service center other than an authorized MINI dealer: 100% of invoice for covered part(s) and labor, but no more than the equivalent cost as if performed at an authorized MINI dealer (up to $850)

Out-of-Pocket Expenses for Failed Engine Due to Timing Chain Tensioner / Timing Chain Failure:

• If repaired or replaced at an authorized MINI dealer, the maximum recovery is the full invoice amount subject to the time/mileage parameters set out in Table 1
• If repaired or replaced at a third-party service center other than an authorized MINI dealer, the maximum recovery is $5,400 subject to the time/mileage parameters set out in Table 1, below:

Vehicles Sold Due to Un-repaired Failed Engine as a Result of Failed Timing Chain Tensioner / Timing Chain:

Class Members who sold their Class Vehicle due to an un-repaired failed engine resulting from a faulty Timing Chain Tensioner or Timing Chain are entitled to the following benefits:

Proof of Purchase

In addition to filing a valid and timely Claim Form, Class Members will also be required to include the following documentation depending on the desired award:

Timing Chain Tensioner / Timing Chain Repair / Replacement Claims:

• Repair Invoice which includes: Your name, Vehicle Identification Number (VIN), Name and Address of the MINI Dealership or third party repair facility; Date of Repair/Replacement; Description of Repair/Replacement; Mileage at Repair/Replacement; Part(s) Repaired/Replaced; Cost of Repair/Replacement; Acceptable proof showing payment of out-of-pocket costs such as receipts, cancelled checks or credit card statement
• Vehicle Maintenance Documents: Showing regular oil changes, up to the date/mileage of repair /replacement

Engine Repair / Replacement Due to Failed Timing Chain Tensioner / Timing Chain Claims:

• Repair Invoice which includes: Your name, Vehicle Identification Number (VIN), Name and Address of the MINI Dealership or third party repair facility; Date of Repair/Replacement; Description of Repair/Replacement; Mileage at Repair/Replacement; Part(s) Repaired/Replaced; Cost of Repair/Replacement; Indication that engine damage/failure was due to timing-chain tensioner/timing chain failure; Acceptable proof showing payment of out-of-pocket costs such as receipts, cancelled checks or credit card statement
• Vehicle Maintenance Documents: Showing regular oil changes, up to the date/mileage of repair /replacement

Vehicles Sold with Un-repaired Damaged or Failed Engine Due to Timing Chain Tensioner / Timing Chain Failure:

• A repair estimate containing: Your name, Vehicle Identification Number (VIN), Name and Address of the MINI Dealership or third party repair facility, Description of Repair, Estimated Cost of Repair, Mileage at Engine Failure, Indication that engine failure was due to timing-chain tensioner/timing chain failure
• A sales invoice containing: Your name, Vehicle Identification Number (VIN), Name and Address of Purchaser, Date of Sale, Mileage at Sale (Note: mileage at time of sale must be consistent with the repair estimate), Sales Price
• Vehicle Maintenance Documents: Showing regular oil changes, up to the date/mileage of repair /replacement

The documentation must be sufficient to establish that the sale of the MINI was due to a failure that occurred during the first 10 years or 112,500 miles (whichever occurs first) from the date the vehicle was first put into service as a new vehicle

Claim Form

CLICK HERE TO FILE A CLAIM »

Class Members who would prefer mailing in their Claim Form can find a printable version here!

Claim Form Deadline

07/01/2016 – For all U.S. Class Members (excluding Kan., N.H., Okla., Penn., and Hawaii)

07/21/2016 – For Class Members in Kan., N.H., Okla., and Penn.

08/29/2016 – For Class Members in Hawaii

Case Name

Skeen v. BMW of North America LLC, Case No. 2:13-cv-01531-WHW-CLW, in the U.S. District Court for the District of New Jersey

Final Hearing

07/14/2016

Settlement Website

www.TimingChainTensionerSettlement.com

Claims Administrator

Skeen v. BMW NA Claims Administrator
c/o Class Action Administration, Inc.
PO Box 6878
Broomfield, CO 80021
1-844-864-9682

Class Counsel

BOUCHER LLP

MARKUN ZUSMAN COMPTON LLP

CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP

KIESEL LAW LLP

PINILIS HALPERN LLP

AHDOOT & WOLFSON PC

MORGAN & MORGAN COMPLEX LITIGATION GROUP

Defense Counsel

Rosemary Joan Bruno
Christopher J. Dalton
Daniel Zev Rivlin
BUCHANAN, INGERSOLL & ROONEY, PC