Brigette Honaker  |  May 23, 2019

Category: Auto News

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BMW logo on a vehicleA recent class action lawsuit claims that certain BMW engines are plagued with an oil burning defect, similar to older models.

The defect allegedly affects N63 model engines and causes the vehicles to consume excess amounts of engine oil with regular use.

This means that consumers are reportedly forced to regularly refill the oil in their vehicles in addition to taking the cars in for regular oil changes.

According to the BMW class action, the defect is found in several iterations of the N63 engine including the N63TU.

“BMW has known about this for many years, and in fact faced a prior class action concerning earlier model cars equipped with N63 engines, which is the predecessor of the N63TU. BMW never fixed the defect, which continues to plague the class vehicles at issue in this action,” the BMW class action lawsuit claims.

Plaintiff Thomas Isley allegedly experienced the issue with his 2015 BMW X5 xDrive50i. The vehicle was originally equipped with the defective N63TU engine, but BMW replaced this engine with the N63 after the vehicle continually burned through oil.

Despite paying for the engine replacement out-of-pocket, Isley allegedly continues to suffer from the oil burning defect – meaning he needs to routinely add six to eight quarts of engine oil in between oil changes.

Isley claims that BMW knew that the oil burning defect plagued the N63 engines, but concealed the issue from consumers.

The original N63 was released in 2008, but a May 2013 technical bulletin released to technicians reportedly showed that BMW was aware of the oil consumption complaints. Since then, each new version of the N63 engine allegedly experiences the oil burning defect.

“BMW has attempted to mask the oil consumption defect until the expiration of the new vehicle limited warranty by characterizing the excessive oil consumption as ‘normal’ and further instructing service representatives and owners to overfill the class vehicles with engine oil,” Isley argues.

Isley seeks to represent a Class of consumers who purchased, leased, or own a 2012 to present BMW automobile equipped with any variant of the N63TU engine, including certain model years of the BMW 5 Series, 6 Series, 7 Series, X5, and X6.

If the court chooses not to certify the nationwide Class, Isley proposes to represent three statewide Classes of the same consumers from certain states.

The first multi-state Class would include consumers from California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, and Washington. The other two Classes would include consumers from New Jersey and Tennessee, respectively.

The BMW oil class action lawsuit seeks declaratory relief, injunctive relief, restitution, disgorgement, punitive damages, treble damages, exemplary damages, compensatory damages, statutory and civil penalties, court costs, and attorneys’ fees.

Isley and the proposed Class are represented by Frederick J. Klorczyk III and Joel D. Smith of Bursor & Fisher PA.

The BMW Oil Guzzling Class Action Lawsuit is Isley v. BMW of North America LLC, et al., Case No. 2:19­-cv-­12680, in the U.S. District Court for the District of New Jersey.

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74 thoughts onBMW Class Action Alleges Oil Burning Defect

  1. Gerald Paige says:

    I have a 2014 BMW X6 with 74K miles which recently blew the engine after no warning. Field’s BMW dealership in Orlando Florida and BMW N. America have both denied me any financial assistance and are trying to charge me $15K to replace the engine. This is an atrocity and I too am willing to participate in any legal recourse where we can hold them accountable.

  2. Garret Murphy says:

    my 2011 BMW X5 diesel had only 72.000 miles and was regularly maintained at the BMW concord dealership. Was up to date with all oil changes and other maintenance needed. I took it for a glow plug recall, and a month later the rod bearings shredded in the cylinders, destroying the engine! No engine light ever warned me about the pending disaster! The dealership and bmw America said that they were not responsible and refuse to replace the engine, or even share the cost with me!!! I won’t ever buy a BMW ever again, and would gladly participate in a class action lawsuit.

  3. Susan and Hubert Wewer says:

    My 2013 X5 5.0L was bought in September 2019. Currently with 76,500 miles . Was Never notified of N63 issues and oil consumption. Had to add a quarry every 7-10 days . BMW North America had it diagnosed with catastrophic engine problems and oil leaks etc and only offered to pay 70% on a hyper inflated cost to change out the engine , meaning my cost was. $6500 plus bushings and oxygen sensors and Timing chains…. Our Euro mechanic divulged the real cost of this BMW is merely $1500-2000. Plus 30 hours labor . Meaning the real cost all told is $6000-11,000, depending on whether BMW is getting their $300 per hour repair rate. They’ve now stonewalled us when we asked for a cash compensation so we can trade it in or repair it elsewhere. They won’t reply . I’m in Florida and would like to sue the pants off BMW. Sign me up for this class action.

  4. Rhonda Noid says:

    2014 BMW X3 35i

  5. Sherrie Baker says:

    I own a 2012 550i and yes it requires a lot of oil adding. Please add me.

    1. Robert Durant says:

      I have a 2012 bmw x6 50i same problem please add me as well. Thanks

  6. Michael Burton says:

    I have a 740li xDrive MSport, that has a locked engine. Please add me to the class action lawsuit. Do I have to take the car to the BMW dealer? Whom do I have to talk to and get a resolution for this issue?

    1. Sharon Jones says:

      I have a 2012 BMW X6 50i that drinks oil constantly this is very expensive and I feel absolutely taken because all I can do is go broke paying a note, buying oil, and premium gas….. Add me please

  7. Kari Vierra says:

    My 2012 650i BMW Convertible began having oil consumption issues at 28k miles. BMW did partial repair work only to have to problem resurface at 45k miles. I have paid every 3k miles for oil consumption tests (which I now learned BMW should pay for). This car has been a problem since day one. Never ever will I own another BMW! I would love to be a party to this class action!

  8. Sky Hawkins says:

    BMW will not pay for repairs to my 2013 X6 defective engine despite the dealership determining the preexisting condition. I have negative equity on the vehicle and am unable to trade it in or pay for repairs. Worse yet, i’ve been a loyal BMW customer for 25 years, having owned eight (8) different BMW vehicles. Please help.

  9. Tony Young says:

    Adding excessive oil causes the seals to soften, then eventually leak oil everywhere!
    Once this occurs theres no way of knowing WHATS the issue!
    Because of which, my motor seized.
    Please add me yo the lawsuit.

  10. Sean says:

    Our 2013 X5 XDrive5.0i seized while driving on the highway two weeks ago. We bought it in 2017 with 56k miles. It had valve guide seals replaced due to excessive oil consumption in April of 2019.
    It’s last oil change was January 14, 2020. That was 6k miles ago. I had it towed to Sandia BMW in Albquerque. They reported it seized and upon inspection, it was 2 liters low on oil. It never gave a low oil level warning. We’re quite familiar with that caution/warning message. 2 liters of oil loss in 6k miles is quite excessive. No warning light about low oil is bad. Seizing on the highway is dangerous. Given that the engine was out of the car for the valve guide replacement just a little over a year ago, and it’s still consuming oil at a rate of two liters in 6k miles, and with no warning indications, seems the repair was faulty at the least.

    This is our 3rd X5, two previous were 6 cylinder and 5 BMW vehicle purchased from this dealership.

    Dealership and BMW NA refuse to help with any repair cost of a know and litigated design defect. That in this case put us in a potentially dangerous situation of seizing while driving on the highway.

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