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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
Is this an opportunity to start another class action lawsuit? I hope this is not just a forum to complain. Who do we contact to get a response. We all undoubtly have the same issues with the same engine which BMW has accepted responsiblity for!
I just bought a 2013 Alpina B7 with the N63 engine. It started smoking three weeks after I got it. It’s the valve stem seal – $14,000 repair job according to BMW of Mt. Laurel NJ. I’m waiting for this class action suit to resolve, but in the meantime, how do I join the suit? symbol_minded at protonmail dot com
I feel for you. I have the same problem 2011 750Li. I know that BMW dealership, im calling corporate tomorrow then towing my car under pretense. Good luck, I am prepared to pay a few thousand but not more.
How do I go about getting my vehicle repaired? I have a 2012 750li BMW! How do I contact the manufacture?
I have a 2011 F10 535xi xDrive with oil consumption and leakage problems.
Owner of a 2011 750i. After taking my BMW in 3 times, and paying $200-$400 each visit, I was then made aware of the class action lawsuit and was told my engine would be replaced at no cost. Two days later, I was told that I would have to pay $6000 to replace my engine and I was not reimbursed for the money I spent although they knew what the problem was when I initially explained it.
I have a 2009 X6tu who loves drinking oil and smoking out the tail pipe. A little over 80k miles. I took it to the BMW that was occasionally problematically topping me off a couple months after buying the car last year. They gave me the run around for about 2-3 weeks while my car sat on their lot before telling me they couldn’t honor the consumption/valve stem recall because the manufacturer wouldn’t work with them. My wife manage to get a hold of someone at the manufacturer who said that it was the dealer. My X6 is still sitting pretty undriveable. This was last year. To add insult they later called me back and said “hey, do you know your vin# is Canadian right” after they refused to help. My reply was “it still says BMW right.”
I have a 2009 X6tu who loves drinking oil and smoking out the tail pipe. A little over 80k miles. I took it to the BMW that was occasionally problematically topping me off a couple months after buying the car last year. They gave me the run around for about 2-3 weeks while my car sat on their lot before telling me they couldn’t honor the consumption/valve stem recall because the manufacturer wouldn’t work with them. My wife manage to get a hold of someone at the manufacturer who said that it was the dealer. My X6 is still sitting pretty undriveable. This was last year. To add insult they later called me back and said “hey, do you know your vin# is Canadian right” after they refused to help. My reply was “it still says BMW right.” Not to mention I waited almost 3 months for the appt.
I have 2011 BMW 550i with N63 engine.
Back in 2016 i spent about $8k to repair stem valve seals due to high oil consumption issue.
please add me.
I have an 550ix With N63 Engine. Before I had the oil consumption , BMW dealer did the said customer service package, Now I have an Oil Leak from timing chain area due to them checking the timing chain , I get the dreaded Drive Train Malfunction and more smoke then ever happens, BMW Corporate stated that they would not offer any more assistance to me. I feel like the work was poor quality and now I’m stuck with a car I can’t drive or even emission with state. It was better when it used the oil up. SMH
I have a 2013 BMW X5 50i that was eating up 2 quarts of oil every couple thousand miles and began blowing white smoke out of the exhaust….. now bmw is telling me I need a new motor and they will cover 55% of the replacement cost….. I bought this used in 2017 I’m sure they were well aware of the complaints and issues with the motor and still sold me this without giving me a heads up so my 45% comes up to @ &5000 dollars
I own a 2013 750 LI x-drive that is equipped with the N63 engine and is experiencing the oil consumption issues. Please let me know how I can join.
please add me.
owner of a x5 4.4i