Class Action Lawsuit Alleges BMW M3 Engines Are Defective

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On Nov. 10, a class action lawsuit was filed against BMW, alleging that the engine in its M3 car is defective. The complaint also asserts that BMW knew of the defect and failed to disclose it to prospective or current owners.

The BMW class action lawsuit states that the S65 engine in 2008 to 2013 model BMW M3 vehicles has a defective rotating assembly. Allegedly, the defect creates an “insufficient supply of engine oil to coat the bearing surfaces” of the connecting rod bearings, which causes “accelerated wear on the Bearings surfaces in all [BMW M3s], ultimately causing them to disintegrate and fracture.” The class action lawsuit alleges this defect creates a “rattling” or “clacking” noise when the engine is idling.

The bearing defect can lead to “catastrophic engine failure,” according to the BMW M3 class action lawsuit. As the metal bearings wear down, pieces of bearing metal get distributed throughout the engine in the engine oil. The complaint alleges that this can lead to many different serious issues, such as a loss of power steering, or power assistance to the braking system.

The class action lawsuit alleges that BMW has been, or should have been, aware of the M3 defect since July of 2013. The engine defect lawsuit alleges that BMW knew about the bearing defect from numerous complaints to its dealerships, its website, and the National Highway Traffic Safety Administration, as well as replacement part orders.

Yet BMW has not disclosed the defect to consumers or recalled the defective M3s, and dealerships do not fix the defect when it begins to manifest, according to the BMW class action lawsuit. It also states that the undisclosed and unrepaired defect frequently leads to serious engine trouble after the warranty for the BMW M3 is over.

The BMW class action lawsuit claims that not only does the defect create a safety hazard, it also diminishes the value of the BMW M3, particularly its resale value.

Plaintiff David Afzal states that he purchased a 2011 BMW M3 in 2013 from a BMW dealership after receiving a vehicle inspection from the dealership. In March of 2015, while the vehicle was still under warranty, Afzal allegedly heard a knocking sound from the car and took it into the dealership. The dealership stated, twice, that it was “normal exhaust expantion noise,” according to the class action lawsuit. Afzal asserts that an independent repair facility diagnosed that the bearing rods needed to be replaced, at a cost of over $2,000.

The BMW M3 class action lawsuit seeks to create a Class of all U.S. residents who are current owners, former owners, or people who have leased a 2011-2015 model BMW M3. The class action lawsuit seeks damages for each member of the Class, and to require BMW to repair or replace the defective engines through a recall or extension of its warranty.

Afzal is represented by Matthew D. Schelkopf and Joseph B. Kenney of Chimicles & Tikellis LLP, Paul Scarlato of Goldman Scarlato & Penny, P.C., and Benjamin I. Siminou of Thorsnes Bartolotta McGuire LLP.

The BMW M3 Class Action Lawsuit is Afzal v. BMW of North America LLC, et al., Case No. 2:15-CV-08009, in the U.S. District Court for the District of New Jersey, Newark Division.

UPDATE: On Oct. 18, 2016, a federal judge ruled that Afzal’s class action lawsuit will continue despite dismissing several claims including fraud and breach of implied warranty.