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UPDATE 2:
- This case was dismissed April 15, 2021.
UPDATE:
- On March 19, 2020, a Colorado federal judge ruled that plaintiffs can proceed with a class action lawsuit over an alleged BMW engine defect that causes low oil levels.
A federal magistrate judge in Colorado has recommended that BMW of North America face a lawsuit brought by vehicle owners who claim that their cars consume an excessive amount of oil.
The plaintiffs say they purchased their BMWs between 2013 and 2015. They claim that, under the vehicle warranty, BMW told them that they would repair or replace any parts that were defective.
In addition, they allege that BMW made assurances that their cars did not have any workmanship defects.
The Magistrate’s report and recommendation states that each of the vehicles purchased by the plaintiffs held a twin-turbocharged engine called the N63, which is widely known to use up excessive amounts of engine oil.
To be sure, the judge’s report notes that the N63 engine was included in a 2015 Consumer Reports study on excessive oil consumption in vehicles. Also, the judge opines that BMW enthusiasts have complained about the N63 defect dating back to September 2011.
“After purchasing the subject vehicles, each Plaintiff observed that their engines consumed an excessive amount of engine oil, requiring oil changes well before BMW’s recommended oil change intervals throughout the warranty periods,” the judge’s opinion states.
The judge also writes that the oil consumption defect is dangerous because it can cause the engine to fail at any time while the vehicles are in motion, which would expose drivers and passengers to an accident and possibly injury.
“Each Plaintiff promptly and repeatedly complained to BMW’s authorized dealerships about the excessive engine oil consumption, but the dealers responded that the excessive oil consumption was normal and did not offer or recommend any repairs,” the magistrate judge writes.
In addition, the judge states that BMW issued a number of technical service bulletins to address the increase of complaints about the N63 engine. In December 2014, in response to the complaints about the allegedly defective engine, the defendant created the N63 Customer Care Package, which asked representatives to check numerous parts of the vehicle and recommended that vehicle owners alter their oil change intervals to 10,000 or one year from 15,000 or two years.
The judge writes that plaintiffs “have also been burdened with out-of-pocket expenses due to additional service visits and increased maintenance costs, and will suffer significant loss when they sell the subject vehicles due to the now-public research establishing the vehicles have an oil consumption defect.”
The plaintiffs filed their lawsuit in December 2018 alleging that BMW violated the breach of warranty under the Magnuson-Moss Warranty Act, breach of express warranty, breach of implied warranty, and violation under the Colorado Consumer Protection Act. They are seeking monetary damages and replacement or repair of their BMWs.
BMW settled a similar class action lawsuit in July 2018 by vehicle owners who claimed that the 2009-2014 BMW 5 series, 6 series, 7 series, X5, and X6 vehicles that were equipped with N63 engine that consumed an excessive amount of oil.
The plaintiffs in the current action had opted out of that class action settlement.
Do you own a BMW equipped with an N63 engine? Leave a message in the comments 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.
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236 thoughts onBMW Must Face Oil Guzzling Class Action
I own a 2009 BMW 750i with the N63 engine and was never notified after all the services and complaints I made about the engine until they claimed it was too late in 10/2019 when I sent a complaint to BMW of North America, BMW Group. Being a military veteran I purchased this vehicle thinking it was the best vehicle ever, and in the end get denied the opportunity to receive a new engine or replacements after the vehicle was diagnosed at BMW for the issue. I feel I am entitled to the award due to the negligence of not only Corporate BMW but the BMW facility that serviced my vehicle for all those years and they never informed me of any issues when clearly there should have been indications and they failed to inform me. I have invested several thousands of dollars in this engine and still having the exact same issues and I feel they are liable. I would like to be added to this as well and given the opportunity to get this vehicle fixed. I purchased in 2015. Really hope I can get some assistance with this.
Please add me to this class action Lawsuit. I own a 2013 BMW 550i Xdrive m-sport with this twin turbo engine. Same problems. Thanks.
Please add me,l have a BMW X5 2012 50i, l add a pint of oil every 2 weeks and there is a cloud of smoke every time l drive due to worn out valve stem seals.
i would like to be added to the class action lawsuit i have a 2012 BMW 750 li
I would like to be added to the lawsuit also. I have a 2010 750LI with 32,809 miles and I also have to add 1qt of oil every week and it’s been almost 3 weeks a lot of smoke is coming out to a point where people are stopping me on the road thinking my car is on fire.
did you get a response from anyone
Add me too have a 2011 550i with 104k and the engine just blew just had the oil return cover replaced 5k ago. Add oil every few 1000 miles as well
I have a 2015 x5m that every two tanks of fuel I have to add 1l of oil.
That liter of oil cost me 29.95 every 2 tank fills. As well as white smoke out of exhaust from valve steam seal leaking. And they refuse to fix it I have just sent an oil sample to be annualized with an out come that I am sick of. I am getting ripped of and there is a problem with the s63
same here
I have a 2016 BMW 650i, i have black smoke coming out constantly, i have to add oil every two weeks
my car failed the oil consumption test, I would like to be a part of this also.
Please add me to the Class Action Lawsuit as we continued for years putting oil in on a weekly basis. Well it finally happened, engine froze up last week. 2013 750Li that looks great and was always serviced. Very disappointed and would like to join this charge against BMW North America.
I lease a 2021 BMW 330xi . Has Brake & Engine leakage problems persist. How do I handle this and join this action