BMW Class Action Alleges Electric i3 ‘Range Extender’ Engine Defective

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A class action lawsuit filed on December 6^th alleges that BMW misled customers about a known defect in its electric car with an additional gas-powered “range extender” engine, the BMW i3 REX.

The complaint asserts that the engine suffers a “sudden loss of power” when the gas engine is engaged. The class action also accused BMW of knowing about this defect and failing to disclose it to consumers.

The defective “range extender” class action lawsuit states that BMW sells two models of its electric car in the United States, the i3 and the i3 REX. The standard i3 has a purely electric engine, while the REX model has a separate “range extending gasoline engine.”

According to the complaint, the gas engine of the i3 REX is designed to automatically turn on when the electric battery runs down to 6.5% of its remaining power.

The gas engine is supposed to provide additional power to the electric engine, so the car can continue to be driven while the power in the battery remains the same. The class action contends that BMW consistently advertised the i3 REX as having a range of over 60 miles more than the basic i3, which explains why it also cost on average $3,500 more.

However, the class action asserts that the defect gasoline engine makes it “unsafe to use the range extending capabilities of the REX model.” The complaint contends a defect REX engine causes the vehicle to abruptly lose power when the gasoline “range extender” is in operation.

The complaint notes that it is extremely dangerous if this power loss occurs on the highway, because the car will rapidly decelerate and the brake lights do not engage. The class action alleges that this defect is present in all BMW i3 REX vehicles from 2004 through 2016, and that BMW has known about this extensive defect for years.

The complaint cites numerous consumer complaints about the power loss defect, including complaints from tests before the vehicles were available for purchase.

Despite knowing of the defect, the class action argues that BMW “knowingly and willfully engaged in acts and/or omissions to mislead and/or deceive” the public. “Even though BMW NA knew that the REX models were dangerous, it distributed and marketed the Class Vehicles without disclosing said information,” the complaint asserts.

Plaintiff Hakop Demirchyan states that he leased a BMW i3 REX in March of 2015. While driving the vehicle, it suddenly lost power and Demirchyan was not able to accelerate above 35-40 miles per hour, according to the class action.

This occurred when the vehicle was less than 6 months old and had been driven only 7,000 miles. Demirchyan took the vehicle to the dealership for repairs, but the dealership was unable to fix the vehicle. Demirchyan claims that had BMW informed him of the engine defect, he never would have leased the REX model i3.

The defect and consumer protection lawsuit requests the court to certify a Class of all persons in the U.S. who purchased or leased a BMW i3 with Range Extender. The complaint alleges violations of state and federal warranty regulations, California consumer protection laws, and racketeering. The class action seeks restitution, statutory damages of at least $1,000 per plaintiff, and treble damages.

Plaintiff Demirchyan is represented by Hovanes Margarian of the Margarian Law Firm.

The BMW Defective i3 Range Extender Class Action Lawsuit is Hakop Demirchyan v. BMW of North America, LLC, et al., Case No. 2:16-cv-0903, in the U.S. District Court for the Central District of California.