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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
Please include me I Spent over 7k trying to fix mine and the engine was blown. I was forced to buy a new one.
I am also fed up with BMW. About three months ago, I had an issue with an oil leak which bmw fixed on my 2013 550i V8 twin N63. After a driving it for a little while, mind you the miles after the oil change had not exceeded 450, I get a sudden notification on the console that the oil change is low and engine is hot. Yesterday, the same thing happened So I decide to add oil in it and I start to hear low crankling noise. Today after checking the fluids and adding also coolant as it kept saying engine compartment hot, I started the car for a drive around the neighborhood and even without pushing it to a higher rpm, I started hearing the crankling noise even higher and felt like the car was falling apart and loss of power. I am certain that there is something amiss in the engine and it is definitely going bad because the noise is so loud that I fear something would pop from the hood. I am calling the dealership tomorrow and demand for a new engine replacement as I already done enough research to realize that I am affected too. I am so tired of this company and it’s inconsistencies when it comes to diagnosing car problems while they drain you alive financially. I already spent $7k fixing all the oil and seal issues for a car that only has 60K miles and barely driven.
I have a 2013 X6M. I noticed the smoke coming from my car and took it in to the dealership and I was told about the lawsuit. I had approx less that 60k miles on the car so the car so the replaced the seals, replace the battery but I had to replace 2 injectors. Immediately after getting the car back the engine stated “Engine malfunction Loss of Power”. I tried to take the care back but was told they did not have a rental for me. So 2 weeks go by and I finally got in and they said they couldn’t find anything wrong. I also noticed the car was making a crackling noise and they kept saying the coolant line had air in it. I also stated the car did not drive the same. I was told that is what happens once you go into the motor. After complaining of the noise they kept mare care for about 3 weeks and could not hear the noise, the pressure in the motor was fine, the Turbos was fine. They also put a total of 2350 miles during the whole time. Now 40k plus miles later, the vehicle stopped while driving so towed to the dealership and it was the battery. I picked the car up and drove straight to work (hospital) approx 6 exits from the dealership and noticed a weird noise. I left the service advisor a message as soon as I could. I was driving home and the vehicle cut off again. I coasted to the side of the road and to my surprise upon starting the vehicle made a loud clanking noise which was not the noise from earlier. I towed the car home and then that morning spoke with the service advisor. He had the vehicle towed to the dealership. Upon their diagnosis, I need a new motor. I believe the dealership new I needed a motor upon first inspection and neglected to do so.
Just found out about this I have a 2011 x6 530i and spent a lot money in putting oil in the car I ran a carfax for the car before buying it and this was not revealed. BMW dealership has the vehicle now and they gave me a loaner. Their the one who informed me about this. I just brought the car last September
I have a 2015 550i.
Fairly sure I have the engine that burns oil, because I’ve had to repeatedly top it off.
LOOKS ARE DECEIVING BEAUTIFUL CAR IN/OUT NICK NAMED HER ‘BLACK MAMBA’…..GARBAGE ENGINE, ONGOING PROBLEM WITH THE BMW X6 iDrive AWD 50i N-63 ENGINE ORIGINAL STICKER PRICE APPROXIMATELY $70k ON THIS CAR, BMW COURT ORDER AGREEMENT TO BE LIABLE FOR approx 55% OF COST TO SERVICE/REPAIR/REPLACE N-63 ENGINE AVOIDED COSTLY RECALL AND PASSED ON ADDITIONAL COSTLY REPAIRS TO CUSTOMERS, SOMETHING NOT EVEN CARFAX WILL TELL YOU, TOTAL COST TO REPAIR $12,000 BEWARE UNLESS YOU WANT TO SPEND A ADDITIONAL COST OF $5-$7k OUT OF POCKET WALK AWAY.
#BMWx6idrive50i
#BmwNorthAmerca
#BmwCleveland
#N-63CustomerCareProgramBMW
@BmwNorthernAmerica
I HAVE A 2011 750LI IT HAS ALWAYS USED A QUART A MONTH OF OIL. THEN ONE DAY MY ENGINE LIGHT CAME, THEY NEXT MORNING LIMP MODE AND TOWED TO RIVERSIDE CA. BMW DEALERSHIP. 1800.00 TO TEAR IT DOWN TO SEE IF IT QUALIFIED FOR THE CLASS ACTION CUSTOMER CARE PACKAGE A FANCY NAME FOR A RECALL. THEN THEY TOLD IT WOULD BE ANOTHER 2400.00 TO TEAR IT DOWN FURTHER. AFTER DOING SO CORPORATE BMW TURNED MY CLAIM DOWN. AND NOW 18,000 TO REPLACE MY MOTOR..BMW CORP. SUCKS AND DON’T BACK THEIR PIECE OF SHIT CARS. AND THE DEALERSHIP IS EXTREMELY MISLEADING AND PRICE GAUGING. ARE THERE ANY OPTIONS OUT THERE FOR RECOURSE.
BMW has a N63 Customer Care Package that does very little in providing approximately 55% of the cost to service/repair/replace a engine in the BMW X6 iDRIVE AWD 50i that clearly is a defective engine in thousand of BMW that should have been recalled with this particular N-63 engine which includes the following vehicles BMW 7 series 09-12, BMW 6 series 2011-12, BMW 5 & 5X 2010-13, and of course BMW X6 Manufactured 2008-June 2014, BMW HAS KNOWN ABOUT THIS PROBLEM WITH THIS N-63 engine and at least in this case and many others not fully stepped up to take care of the problem with this engine. BMW offered a replacement engine at a cost of about 10k plus another $2100 to replace Turbo Gear bringing the total to over $12K in which the customer would be responsible for 45% which is BS BECAUSE THIS IS NOT A ONE TIME ISSUE AND THEY HAVE FAILED TO MAKE IT KNOWN TO CONSUMERS BEFORE OFFERING THESE VEHICLE FOR SALE! ‘CONSUMERS BEWARE OF ONGOING ISSUES WITH BMW MANUFACTURERS BS.
@BmwNorthAmerica
#BmwX6idrive50i
#BmwN-63CustomerCareProgram
#BmwFailureN-63Engine
Hello
I have the same car and the same problem now. Engine is gone and BMW North America will not help me. Don’t know what I am going to do. Such a beautiful car on the exterior but with a dead engine ! So regretful I bought this car. In tears!
My 2011 X5 has cost me over $10k in repairs. Even after changing the oil pan major issues persist. It just sits parked now.
I have a 2012 X5 which has serious engine oil burning issues. Please add me in.
I have a 2013 750 li with the N63 twin turbo engine. The engine was replace at 62k miles while under warranty back in July 2018. There was oil on bank one valves and gas in the oil. The car left me standed three times and three times leaving me in precarious situations. The last one occurred this past saturday. A pool of oil was under my engine. Momentum BMW told me yesterday that the engine was not covered since it was replaced under warranty. The warranty expired May 2019. BMW North told me the same thing. I am screwed. I am just letting the car at the dealership and walking.
That is crazy, sounds like a similar situation l am in now with my 2013 BMW X6 50idrive it is currently at the dealership waiting on me to 45% of a $10k repair bill, l have decided just to leave it there in hopes that the court will come to their senses and find BMW liable for this crappy N-63 engine problem that BMW has known about for quite some time, matter of fact this is the 2nd engine replacement on this vehicle, a piece of??
This is a crappy settlement. They know that most customers will not pay that much out of pocket to fix the issue. Its not worth it on my 2012 750li for sure. Bmw got a sweet deal from a judge and it’s absolutely horrible for loyal bmw customers. This should be a recall not a suit to benefit bmw.
Please add me as well. I have BMW 750i 2009 (F01) N63 and now the car is just sitting in my driveway. After $10,000 worth of work, faulty work I may add, it is still not functional. BMW of Fairfax, Va a horrible job on my car in which they returned my car back to me without any anti-freeze in addition hardly any oil in the car. I had to pay an additional $1,800 to CraftmanAuto Care just to get my car in a condition I could drive it, this on top of the $4,000 I spent to get it back from the BMW dealer after the “Repair”! The car is still leaking oil and now I have a “Drivetrain Malfunction” This has been the worst experience, I have ever had owning a car.
I just received my 550ix back, Had customer service package done, 500 feet from dealership drivetrain Malfunction, and limited power. Got home and pool of oil I. Garage, coming to find out , car had jumped time, and needed bank 2 selonioids. Smh. We need this case to go through.
Same issues here did BMW Recall anything for you