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BMW engine defect

UPDATE 2: As of December 2020, the BMW Timing Chain Class Action Settlement is now open. Click here to file a claim.

UPDATE 1: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.


A federal judge recently trimmed claims in a consolidated BMW engine defect class action, but ruled that the automaker cannot escape the suit entirely.

U.S. District Judge William H. Walls partially granted and partially denied BMW’s motion to dismiss claims that it sold vehicles with a known engine defect.

Judge Walls dismissed allegations of negligent misrepresentation as well as several individual claims from plaintiffs who he deemed did not have standing to sue.

However, the court kept most of the plaintiffs’ claims for breach of warranty, consumer fraud, and unjust enrichment.

The consolidated BMW engine defect class action includes allegations from 21 vehicle owners who filed their own individual BMW class action lawsuits prior to consolidation.

The plaintiffs allege that the automaker concealed problems with their model year 2012-2015 vehicles with N20 and N26 direct injection turbocharged engines. A variety of vehicles are affected by the alleged defects including certain X3 SUVs, 528xi sedans, and 328i sedans.

The BMW class action lawsuit also take issue with BMW’s warranty policies. The automaker allegedly provided consumers with a express warranty lasting four years or 50,000 miles.

However, plaintiffs claim that BMW knew that the warranty wasn’t sufficient considering the engine defects plaguing the vehicles. The BMW class action alleges that the warranty should have lasted 150,000 miles or 10 years.

Judge Walls determined that allegations for breach of express warranty can be allowed to advance due to sufficiently detailed arguments brought by the plaintiffs.

“Given both plaintiffs’ relative lack of power and sophistication and allegations that BMW purposefully manipulated the warranty provision through their superior knowledge, plaintiffs have sufficiently [pled] an express warranty claim,” Judge Walls determined.

Vehicle owners in the BMW class action have allegedly spent thousands of dollars attempting to fix the BMW engine defect problems.

Out of pocket repairs for the issues have ranged from $4,500 to $22,000, motivating the plaintiffs’ fight to hold BMW accountable.

Plaintiffs and their counsel are reportedly satisfied with Judge Walls’ ruling and are ready to move forward with litigation.

“I get contacted regularly from consumers that have been victims of this problem asking, ‘What’s the next step?’ and now we’ve reached the next step,” plaintiff counsel said in a statement to Law 360. “It’s important when you look at things in terms of dollars and cents, and the problem with these vehicles’ timing chains and engine failures, it can be a real profit center for a manufacturer when you can charge $15,000 for an engine failure.”

Plaintiffs in the BMW engine defect class action seek to represent a nationwide Class of consumers affected by the problem as well as several subclasses for states such as New Jersey, Illinois, Florida, Utah, New York, Colorado, Texas, Alabama, Oklahoma, Massachusetts, California, Wisconsin, Oregon and North Carolina.

The BMW owners are represented by Joseph R. Santoli, Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC; Bruce H. Nagel and Randee M. Matloff of Nagel Rice LLP; and Thomas P. Sobran of Thomas P. Sobran PC.

The BMW Engine Defect Class Action Lawsuit is Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft, et al., Case No. 2:17­-cv-07386, in the U.S. District Court for the District of New Jersey.

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242 thoughts onBMW Engine Defect Class Action Moves Forward With Warranty Claims

  1. Vincent White says:

    I have 2 failed engines for the BMW 2003 M-3 E46 engine
    The engine is still under the manufacturers warranty but I am being denied. The dealer and manufacturer lie, lie and lie

  2. Kevin Mullis says:

    My BMW 2013 X5 35i went into Limp mode when diagnosed 5&6 cylinders were not firing. In replacing the plugs and coil packs it was found to have an extreme amount of corrosion on the open cavities of the heads. It was determined that the 3 pc cowl seam sealer failed and allowed water to be directly funnelled onto the motor everytime it rained. In talking to BMW Delaer, they offer an Improved designed 1 pc cowl replacement but was never a service bulletin or recall.
    When the 5&6 injectors were attempted to be changed out the corrosion caused them to break off in the head. In speaking to BMW Dealer they had experienced this problem before on another X5. Where they sent out the heads to have injectors pressed out. They stated once repairs were complete while tech was on test drive the engine failed due to a jumped timing issue.
    So the Dealership would not repair my X5. They were only willing to Replace my motor at my expense about $20,000.00.

    BMW Mfg knew the cowl design was faulty yet did nothing but did redesigned it. Shirking the design and not taking responsibility for the damage it caused. So wrong.

  3. Serge Nostin says:

    Upon reading these comments I feel hopeless in this situation. People from about a year ago are saying that they filed for the lawsuit and still have not received reimbursement. I have recently encountered this experience and contacted BMW of North America, only to be told that the suit had ended in June of this year and am no longer able to partake in such suit. I dont believe that it is fair to place a deadline on such a situation. There are so many vehicles that are a part of this suit and without properly informing or contacting us, the owners, they have failed us.

    1. Debra Peabody says:

      I agree with your comment. As of today, April 10, 2023 I have fallen victim to this. I took my 2015 Z4 in for annual service in January of this year 2023 and was immediately asked to fill out for a BMW credit card. Never ever have I been asked for this. They hadn’t even checked my car, I just sat down. I have always taken my car for service at BMW, they were always up front and fair. Today my car is in the shop again for the 3rd time with engine issues and sits on the rock as I said I’ll call you back. Another $2000 after I spent 5200 initially. I only have 15,600 miles on my car and they tried to tell me oh it’s 8 years old…I’ve had it service every year with BMW, no problems.. until now and they are up to 7200…AS I SIT WONDERING WHAT’S NEXT…

  4. Demetreus Brown says:

    I have a 2012 BMW 528 I X Dr. that started misfire on cylinder three took it in for diagnostics was told I needed a new computer as well as new fuel injectors I asked would that take care of the problem and was told emphatically yes after work was done I was contacted and was told car was still running rough and now they found scorching on cylinder three instated I need a new engine after $5000 worth of unnecessary work is done I stated that I had warranty until November and was told that my Bmw would need to be taken to BMW of Silver Spring because they had previously repaired or put a new engine in the car now they voided my warranty saying ,that Gas was found to be the cause of cylinder three or some tune, After some research I believe that my fuel injectors would be the reason for gas leaking into cylinder three which is the very reason my engine warranty was voided, makes no sense to me I am presently looking for some help.

  5. Christina Smith says:

    Same situation with me. I just found out yesterday my 2013 with 88,000 miles perfect maintenance records needs a new engine. I have extended warranty but I still don’t know if it’s going to be covered. I need in on this lawsuit. This is outrageous.

    1. Pete Hague says:

      I hear you, i have a 2013 excellent condition went in for a battery replacement went to drive out of the service center and boom engine fail and the timing chain released medal particles into the engine, with less than 70k miles. I still owe on the car since i bought it certified used a year and half ago.

  6. Bbb says:

    My 2013 x3 which was a bmw certifies pre-owned car, has been in the dealership in 3 states because of break downs on the road. Limped home and now Ottos bmw told me because of the oil feed line to the turbo that I need a new turbo (5k) and probably a new catalytic converters (3k) and that my car w 104k mi on it it worth $750 as a trade in on a new car!!! After $4k in repairs to get home. I want in on this suit. I’ve owned 4 bmws n never have I spent so much $ to fix it n never did I think it was possible for a bmw to only be worth $750. So much for the ultimate driving machine.

  7. angela l mullins says:

    my 2015 X6 is having problems less than 85k miles
    I want in the suit
    Angie

  8. Dan says:

    I just borrowed 15 k on a 2013 x3 x drive28i 80,000 miles now what to do?
    You should be able to find out if was fixed by the serial number. I got the warranty was $2900 extra. Is it worth it?

    1. Dan says:

      On my 2013 BMW I want to cancel my $2900 warranty and use the money that I had to buy rims and tires because rims were bent. ACS warranty does not cover that. Now I have to worry if the timing chain is going to break if I do.

  9. Sharon Smith says:

    I have a 2013 X6 and the engine just went out with no warning. The deal said you must get a new engine. The car has 55 miles and the original tires are still good. How can this happen to the consumer. I don’t have 13 to buy a new engine.

    1. Royce Lader says:

      You’re saying that in 2022, you’re being charged 13,000 for an engine for a 2013 bmw? Robbery. I’ve had my own problems w my 15 x3 28i. When taken in I told them I just needed it running and to skip the gravy. They came back w a $9,000 bill, to which I had to trim half of it.: Flush a/c vents, flush coolant, front/rear diff fluid, all of which were unnecessary for the engine. I already had it diagnosed by an Indy who said computer problem. Told them that, the copy of the diagnostic I asked bmw for supported that as well. BMW said I needed a new module, can’t think of name but sits right in front of the master cylinder. When asked if this would get the car running I was told it would. Car was back in shop that week. Once again, threw extra unwanted services at me and said I qualified for sun pass, some credit thing. I took it home. Found an Indy, on the day I trailered it to go to Indy shop my infotainment screen dies. Indy tells me on 1st day it was a computer issue. Fixed ran fine for a while but back to having problems. I’ve spent over 9k on problems I have never experienced out of any car I have ever owned, maintenance cost for these are outrageous.

  10. Christine L Maxon says:

    06 bmw 525i burning oil bad engine malfunction light electrical system problem

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