BMW Class Action Says Motorcycles Have Defective Gear Indicators

A recent BMW class action lawsuit claims that the automaker’s motorcycles are equipped with defective gear indicators which can expose riders to safety issues.

On motorcycles, gear indicators use the potentiometer to determine what gear the motorcycle is in.

The BMW class action claims that in certain BMW motorcycles this reading may be inaccurate.

Plaintiff Daniel Casey alleges that because riders use gear readings to determine how to handle their motorcycle, inaccurate gear indicators can result in numerous issues including:

• Inability to properly judge acceleration;
• Placing the motorcycle in the wrong gear when using cruise control;
• Reduced gas mileage;
• Improper judgement of power and torque;
• Excessive strain on motor;
• Inability to put motorcycle in neutral;
• And more.

These issues can reportedly result in accidents and damage to the motorcycle. The gear indicator defect reportedly affects 2003-2019 F, K, G, R, HP2, and S series BMW motorcycles.

Casey reportedly experienced the issue with his 2016 F700GS BMW. In 2017, a little over a year after purchasing the motorcycle brand new, Casey reportedly started to experience issues with his gear indicator where it would display the wrong gear or would not indicate a gear at all.

The plaintiff says he took his motorcycle in for repairs on four separate occasions, but the issue has persisted. As such, Casey has filed a BMW class action lawsuit against BMW of North America claiming that the company knowingly sold motorcycles equipped with defective parts.

The BMW class action alleges that numerous consumers have filed complaints with BMW on their online forums, including a 2012 review from an owner who was unable to start his motorcycle because the neutral indicator was not showing on the gear indicator.

These reviews reportedly mean that the company should have known that their motorcycles were equipped with a harmful defect. Despite receiving complaints, BMW allegedly has failed to inform customers and government authorities about the defect with their motorcycle gear indicators.

Casey argues that he and other consumers would not have purchased their BMW motorcycles if they knew they would be defective.

According to the BMW class action, consumers have sustained financial damage from the defect in the form of overpaying for a defective product, paying for repairs, and more.

The BMW class action includes claims for breach of express warranty, breach of implied warranty, violation of the New Jersey Consumer Fraud Act, violation of the Magnuson-Moss Warranty Act, and unjust enrichment.

In his BMW motorcycle class action, Casey seeks to represent a Class of current and former owners or leases of 2003-2019 F, K, G, R, HP2, and S series BMW motorcycles. Casey estimates that the proposed Class may include thousands of consumers.

The BMW motorcycle class action lawsuit seeks monetary damages, treble damages, punitive damages, court costs, and attorneys’ fees.

The BMW motorcycle owners are represented by Janine Pollack and Adam Gonnelli of The Sultzer Law Group PC and Bonner Walsh of Walsh PLLC.

The BMW Motorcycle Gear Indicator Defect Class Action Lawsuit is Casey v. BMW of North America LLC, Case No. 2:19-cv-14761, in the U.S. District Court for the District of New Jersey.

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