Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
UPDATE:
- This case was dismissed April 15, 2021.
A Colorado federal judge ruled that plaintiffs can proceed with a class action lawsuit over an alleged BMW engine defect which causes low oil levels.
Lead plaintiffs say that a defect in the twin turbocharged N63 engine causes them to use an excessive amount of oil in a class action lawsuit filed against the car maker.
The allegedly defective engines were installed in certain 2013 through 2015 model year BMW vehicles. According to the original complaint, BMW knew of the defect but failed to do anything about it or even warn consumers.
The BMW engine defect class action lawsuit contended with headwinds shortly after it was filed in March 2019, when the car maker asked for the complaint to be dismissed.
In January, U.S. Magistrate Judge Scott T. Varholak sided with plaintiffs in a finding which recommended that the class action continue.
Judge Varholak issued a report and statement indicating that the BMW engine defect is a potential danger because the excessive oil consumption can cause unexpected engine failure, putting vehicle occupants at risk.
In another recent ruling, U.S. District Court Judge Christine M. Arguello agreed with the magistrate judge’s findings, preserving BMW engine defect class action lawsuit claims that the car maker violated Colorado consumer protection laws and is in breach of warranty.
Each of the three plaintiffs, Matthew Ingram, Rachel O’Connor, and David Cruz, claim that they purchased BMWs with the twin turbo charged N63 engines with the alleged defect between 2013 and 2015. They say that they relied on the warranties provided by BMW when deciding to purchase their vehicles.
Specifically, the lead plaintiffs contend that they relied on BMW’s promise to repair or replace defective components in the vehicles during the first four years or 50,000 miles of their ownership. However, after their purchase, they claim that their vehicles exhibited the BMW engine defect – namely excessive consumption of oil.
Further, despite reporting the problem to BMW authorized dealerships, the plaintiffs say they were only told that excessive oil consumption was normal in the vehicles. They claim they were not offered the option for repair or replacement of the defective BMW engine.
The magistrate judge’s report pointed out that BMW issued several technical service bulletins over consumer complaints about excessive oil consumption by the N63 engine.
Further, the judge referenced a 2015 study on excessive oil consumption conducted by Consumer Reports included vehicles affected by the alleged BMW engine defect.
Judge Arguello agreed with the magistrate judge’s recommendation regarding the plaintiffs’ claims for breach of warranty and violation of Colorado consumer protection laws.
Additionally, the judge agreed with the finding that it was too early to determine whether a three-year statute of limitation, or deadline, applied to the class action lawsuit claims.
“Although factual development through discovery may show that plaintiffs should have known about the alleged defect when they purchased their vehicles based on, e.g. information that was publicly available at the time, that is not conclusively established by the allegations in the operative complaint,” wrote Judge Arguello in her order.
“Rather, viewed in the light most favorable to plaintiffs, their allegations plausibly suggest that plaintiffs were unaware of the defect and defendant concealed the fact that the engines may have been defective.”
For its part, the car maker has objected to the conclusion that the BMW engine defect class action lawsuit is not barred by the statute of limitations.
BMW contends that the plaintiffs knew or should have known of the defect at the time they purchased their vehicles because of publicly available information about excessive consumption of oil claims. BMW also asserts that the plaintiffs have not sufficiently established that the company concealed the defect from them and other consumers.
Regarding the warranty claims, Judge Arguello likewise agreed with the magistrate judge’s finding to uphold the class action lawsuit at this point in the proceedings. BMW argued that the warranty does not cover the alleged engine defect, because it is a design, rather than manufacturing defect.
“At this point in the instant case, it is unclear what type of defect, if any, resulted in the excessive oil consumption of the N63 engine,” points out Judge Arguello in her order. Later, the order concludes, “Plaintiffs, in the First Amended Complaint, plead sufficient facts to support the claim that the defect was a manufacturing defect covered by the Warranty.”
Similarly, Judge Arguello upheld the magistrate judge’s recommendation regarding the BMW engine defect class action allegations, as well as rejecting the car maker’s argument that the plaintiffs had incorrectly asserted claims on behalf of the proposed Class, otherwise known as misjoinder.
Was your vehicle affected by the alleged BMW engine defect? Tell us what happened in the comment section below!
The plaintiffs are represented by Sergei Lemberg and Vlad Hirnyk of Lemberg Law LLC.
The BMW Engine Defect Class Action Lawsuit is O’Connor, et al. v. BMW of North America, et al., Case No. 1:18-cv-03190, in the U.S. District Court for the District of Colorado.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
81 thoughts onBMW Engine Defect Class Action Preserved in Colo.
own 2 2013 bmw 550i’s. One smokes a lot out of tailpipes and took into kuni bmw to have tests ran and they tel me almost 7k replacement engine at 45% bc of mileage. Would not give me service history on car and I escalated case with bmw NA “at the highest level” and they will not provide me any assistance even though it is only my valve stem seals which need replacement not the entire engine. The dealership says the engine passes compression and timing chain test but they are saying I have active oil leaks which diagnosis leads to 7k engine replacement over free repair. I have looked with boroscope and no active oil leaks it’s dry . Also my other 550i smells bad of coolant burning and smokes out of tailpipe too I haven’t had that one in to dealership becUse I know what they’re going to say … it’s bull. Please add me to the list I am taking to an attorney this week.
I own a 2013 535i BMW. I purchased this vehicle from BMW of Mobile new and everything that has ever been done to my car has always been done at the BMW of Mobile. I have had numerous problems with the oil in my car running low and leaking. My car was in their service department on several occasions for this issue and each time I was told that was normal. It still does it and they just give me a bottle of their oil and tell me to add it when the light comes on. It also smells like something is burning when I drive and when I tell them this they say that is just the excess oil. What is being done about this problem and like others in these posted comments am I allowed to be a part of this lawsuit sense it is a class action lawsuit.
I have a 2012 Bmw 3x … always out of oil before I’m due for next oil change!!!! I usually have to add more oil at least 2xs before I’m due again. Also driving then all the lights start flashing warnings then nothing everything goes out …power dies then windows go up and down up and down on their own
Please add us to the list. We have a BMW x6m. Received same response from dealership which has costs us unnecessary time and money.
Add me to the list, I have a 11 550i n63 that is sitting on my driveway because of BMW’s predatory and dishonest behavior. They are abusing the trust and faith of each and everyone of us who gave them our hard-earned money to receive in return this inferior garbage of an engine but most importantly the slap in the face response they call customer service.
Same here. 2012 550xi twin turbo, runs and drives great, frequent maintenance and with synthetic oil. Drinks oil like a drunken sailor. Was told by the dealer that’s because of the big engine. Dealer now says I need engine because of the smoking. $8500 after their proposed 25% discount. Please add me to join the class action list.
Our X6 was consuming too much oil so i researched it and found out about the campaign regarding n63 engines.
Took the car to our local dealership, they provided a loaner and kept the car for two weeks to do the consumption oit test and some other diagnostics.
Yesterday i got a call from them saying that they finished all diagnostics and sent to BMW.
Today i got another call and the SA told me that the car burns oil due to failed fuel injectors and before BMW decides the next step(seal the engine or replace it) the injectors have to be replaced. The cost is $5600 for all 8 injectors.
I found this in service bulletin:
SI B1106 14:
Vehicles with the N63 high performance engine are engineered with EfficientDynamics that provides fuel economy without compromising on its “class leading” power and performance. To ensure these engines keep delivering the ultimate performance, we have designed this Care Package that includes a 6 point check, and if necessary, the replacement of one or more of the following powertrain components: Hot-Film Air Mass Sensors, PIEZO High Pressure Fuel Injectors, Engine Vacuum Pump, Fuel System Low Pressure Sensor/Feed Line z Fresh Air Intake Turbo Seals, Crankcase Ventilation Lines (Hoses).
Shouldn’t BMW pay for the injectors replacement?
All this is confusing. BMW lost the class action suit if i understand it correctly yet they want me to pay $5600 so they can decide if they have to replace the engine or repair it with upgraded parts? Also if they decide to replace the engine my share of the cost is 45% which is around $4000. So all that comes to $9600(if; and that’s a big IF; there won’t be any other expense for other engine parts). Almost $10000 is the cost of replacing engine if i’d do it on my own.
2012 750i same problem how can I join settlement dealer trying to charge me $600 saying my warranty didn’t cover it
I have a 2011 BMW 550i I purchased in June 2018 I took my car to a BMW dealer in April 2019 because the car would not hold oil. Every 1,000 miles or so it would say “minimum oil detected.” I paid $400 for a diagnostic from BMW and alerted them of the oil issues and they told me I needed to replace my engine. They were charging me almost 30K for repairs.
I ended up having to use my 3rd party warranty when I bought the car plus come out of my own pocket a total of 15K plus damages to get my car running again. Please add my name to this list this is not right.
I have a 2012 BMW X5 Xdrive 50i
Runs and drives great. But smokes out of the exhaust pipes. It has the N63 engine. Took it to the dealership. They are telling me it needs a new engine. $10,500 to replace the engine and BMW is willing to help pay for 10%. So an 8 yr old car that runs and drives is basically junk. Please add me in this process.
I have a1213 bmw and it would not hold oil what can I do
I own 2 2013 bmw 550i’s. One smokes a lot out of tailpipes and took into kuni bmw to have tests ran and they tel me almost 7k replacement engine at 45% bc of mileage. Would not give me service history on car and I escalated case with bmw NA “at the highest level” and they will not provide me any assistance even though it is only my valve stem seals which need replacement not the entire engine. The dealership says the engine passes compression and timing chain test but they are saying I have active oil leaks which diagnosis leads to 7k engine replacement over free repair. I have looked with boroscope and no active oil leaks it’s dry . Also my other 550i smells bad of coolant burning and smokes out of tailpipe too I haven’t had that one in to dealership becUse I know what they’re going to say … it’s bull. Please add me to the list I am taking to an attorney this week.