BMW Class Action Seeks Fix for Engine Chain Defect

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BMW has been hit with another engine defect class action, this time from vehicle owners seeking redress for an alleged engine chain defect.

Eight named plaintiffs from across the country say the N20 and N26 engines in certain models of BMW vehicles have defects that could cause faulty performance and engine failure. The plaintiffs claim BMW has known about these defects for years, yet has neither fixed the problem nor disclosed it to BMW owners and lessees.

The plaintiffs take issue with two specific defects in the engine’s chains. The first defect affects the primary chain, also known as the timing chain, which coordinates the action of the crankshaft, camshafts, and cylinder valves.

According to the plaintiffs, the plastic guide assembly for the primary chain is made of a defective polycarbonate material that becomes brittle and breaks apart, creating debris that lodges in the crankshaft drive sprockets. The debris can cause the primary chain to skip, letting the camshafts and crankshaft fall out of sync and possibly damaging or destroying the engine.

The second defect affects the secondary chain, which connects the oil pump and balance shaft assembly to the crankshaft. The materials in this assembly can’t stand up to high-resistance wear, the plaintiffs say. This defect causes the chain to elongate prematurely, slip, and damage the chain sprocket.

BMW has known about these defects since as early as 2012, when according to the plaintiffs the company redesigned the chain tensioner. Since then, the company has attempted several additional redesigns that did not resolve the problem, according to plaintiffs.

Owners of the affected BMW vehicles have raised the issue in complaints to the company, warranty claims, and negative customer reviews in online forums. Yet the company kept building and selling vehicles with the affected engines without giving dealers or purchasers notice of the defects, the BMW lawsuit states.

In addition to this engine chain class action lawsuit, BMW continues to face another suit over alleged engine defects filed in November 2015.

In that claim, plaintiff David Afzal says the S65 engine in BMW M3 vehicles doesn’t get enough oil to the bearing surfaces of its rotating assembly, putting the engine at risk for catastrophic failure.

Afzal’s claims surpassed a motion for dismissal this past July. U.S. District Judge Madeline Cox Arleo determined that Afzal adequately raised claims for fraud and for violations of California consumer protection laws.

In the current engine chain defect class action, the plaintiffs seek to represent a nationwide Class that would cover all persons in the U.S. who currently or previously owned or leased a BMW with a N20 or N26 engine affected by the chain defect. Affected vehicles include the BMW E84, E89, F10, F25 and F30 from model years 2012 through 2015.

Plaintiffs also propose seven subclasses covering Class Members from each of the named plaintiffs’ home states of New Jersey, Massachusetts, Texas, California, Wisconsin, Oregon and New York.

They are asking for a damage award to include statutory and treble damages as available under applicable state laws. They also seek a court order requiring BMW to stop the conduct complained of, to repair vehicles affected by the engine chain defects, and to reimburse Class Members for their out-of-pocket expenses incurred in dealing with the defect.

Plaintiffs’ counsel includes attorneys Bruce H. Nagel of Nagel Rice LLP and Joseph Santoli.

The BMW Engine Chain Defects Class Action Lawsuit is Williams, et al. v. BMW of North America LLC, et al., Case No. 2:17-cv-11567, in the U.S. District Court for the District of New Jersey.

UPDATE: On Oct. 30, 2018, a federal judge recently trimmed claims in a consolidated BMW engine defect class action, but ruled that the automaker cannot escape the suit entirely.