MINI Cooper Engine Defect Class Action Cites Timing Chain Flaw

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BMW of North America LLC has been hit with another class action lawsuit over its much-maligned MINI Cooper vehicle, claiming that its 2007-2010 model years contain a timing chain defect that cost owners thousands of dollars in engine repair and replacement costs.

Plaintiff Richard Kahn alleges in the MINI Cooper class action lawsuit that he bought a 2010 Hardtop (R56) Mini Cooper in 2009, and in March of this year the vehicle broke down “without any prior warning.” When he took it in for service, the dealership would not guarantee that the repairs would be done at no cost to him because he was just outside of the 36,000 mile warranty and, as a result, Kahn had the repairs performed by a private party.

Kahn alleges in the MINI Cooper class action lawsuit that the repair should be covered under warranty because the problem is a design defect, not something that would naturally occur. The tensioner on the timing chain in Kahn’s MINI Cooper allegedly failed. The chain is a critical component of the engine: it works with the camshafts to complete the combustion process. Without it functioning, the engine loses power.

According to the class action lawsuit, the MINI Cooper engine defect regarding the tensioner is potentially even more dangerous as a result of it being located inside the engine block, which can cause damage to other parts if it fails. Further, BMW reportedly knew of the issue as far back as 2008, according to the class action lawsuit.

That is when the auto maker issued an internal service bulletin that acknowledged the issue but did not make it public or make any changes to its warranty problem, even though the BMW class action lawsuit alleges that the MINI Cooper engine defect usually occurs after 36,000 miles.

Kahn is seeking several remedies from BMW regarding the alleged MINI Cooper engine defect, including an advertising campaign regarding the issue, damages and restitution for all necessary repairs, as well as damages based on the reduced value of the following vehicles for the class constituting all New York residents who owned or leased the 2007-2010 MINI Cooper hard top, 2008-2010 MINI Cooper Clubman, and 2009-2010 MINI Cooper convertible.

This is not the first class action lawsuit to be filed over alleged problems with the popular MINI Cooper vehicle. BMW reached a MINI Cooper class action settlement in 2013, resolving five class action lawsuits accusing the automaker of selling the vehicles with shoddy transmissions.

Kahn is represented by class action lawyers from the Law Office of Wendy R. Stein, Ahdoot & Wolfson PC and Morgan& Morgan Complex Litigation Group.

The MINI Cooper Engine Defect Class Action Lawsuit is Richard Kahn v. BMW of North America, LLC, Case No. 14-cv-02463, in the U.S. District Court for the Eastern District of New York.