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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
This year my BMW dealership proactively changed out all the seals and coils in response to the previous class action lawsuit that was settled. I had had issues with oil consumption and coils going out that they were repairing one by one over the last couple years. Other than that there was no engine problems. On my first long drive after they had my car for a month replacing everything that they said was a $13-$20,000 job, my car broke down in Lake Havasu With a complete lack of power as the engine was misfiring really bad. I had to have it towed all the way back to Los Angeles. They’ve had my car for over two months tried to get my warranty from a third-party to pay for damages which they say is a dead cylinder due to a failed cylinder ring: telling me I need a whole new engine at $22,000.
Obviously I went from no problems to this huge problem right after they took my whole engine out of my car. I will be fighting this and looking for advice
Please add me to the list, as I’ve had two BMW X3s with these issues.
I feel you I have a 2007 BMW 328i and it’s have similar problems and smoke and at one point at the end it smelled like rotten eggs on top of the cure that they did still won’t start my car and these dealerships don’t really honor their commitment
I have a 2007 BMW 328i it looks like my cats are no good on top of it all it only has 134,000 miles on it and on top of that I’ve already put $5,000 into the car the remedy that just got fixed it overheated and I took it to Santa Rosa to get the recalls they didn’t tell me they didn’t fix one of the recalls that there was not a remedy to it so when I was driving my car it overheated and stopped on the highway now it just took it to San Rafael for them to put in the the fix and they tried to tell me it did not cause overheating and all this other stuff when it says that on the recall paper they wanted to charge me $275 just to get a diagnosis done before they even put in the part and on top of that they they refused now to work on my car cuz I didn’t want to pay for that 275 also on top of it still now my car is still not running and the damage was due to the overheating on the highway due to the recall not being fixed what is my remedy to get them to fix it right now currently it is at the auto dealership in San Rafael should I pick it up should I let it stay should I sue what do I do
How do I get involved. BMW dealership told me the 4.4 engine with 91,000 Kim’s blows smoke and burns oil because it’s a high performance engine which is from what I’m hearing is what BMW instructed the service employees to say.to owners of these vehicles
I currently own a 2011 750 Li with the N63 motor, it not only uses an ungodly amount of oil, but the turbo coolant lines use plastic parts that are sitting right on top of the motor subject to excessive heat and causes very expensive repairs that extended warranty’s don’t cover, claiming it’s not a mechanical breakdown,. I’m trying to see how I can get information on how to join the class action lawsuit on the oils consumption and see if there are any lawsuit’s currently on the turbo coolant lines. thanks for the information.
I purchased a 2013 550i new and have maintained the car to factory specs. I had the customer care package taken care of in 2018.
Today, my car is sitting at the dealership with a seized engine and BMW are refusing to take any responsibility for the failure even though it has the infamous N63 engine with less than 60k miles on it. Their excuse is that they need the engine to be running to perform tests. What BS. It’s at the dealership because the engine is seized.
Oil consumption, timing fault codes
Was adding oil every 1000 miles. Need to get the fault codes from the dealership as they did the inspection but didn’t share the report with me.
I have 2004 bmw x5 4.4i use alot of oil
I have a 2007 bmw 650i coupe that has a smoking issue caused by the valve stem seals being defective it would not pass smog today to get it registered the cat has 92,000 miles on it I have researched the cost of repairs for the issue and have seen prices from 2,500 to 9,000
I feel you I have a 2007 BMW 328i and it’s have similar problems and smoke and at one point at the end it smelled like rotten eggs on top of the cure that they did still won’t start my car and these dealerships don’t really honor their commitment