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BMW Excessive Oil Consumption Class Action Lawsuit Overview:
- Who: A judge has denied BMW’s bid to throw out a class action lawsuit alleging the motor company concealed an engine defect that caused excessive oil consumption.
- Why: The judge was unpersuaded by BMW’s argument that the plaintiffs’ claims were barred by the statute of limitations.
- Where: The BMW class action lawsuit was filed in Pennsylvania federal court.
A Pennsylvania federal judge has denied a motion to throw out a class action lawsuit that alleges BMW concealed an engine defect that caused some of its vehicles to consume excess oil.
In his Dec. 8 order denying summary judgment, U.S. District Judge Timothy J. Savage noted that there was “substantial” evidence that BMW was aware of the N63 engine defect. The judge concluded that the statute of limitations period began during the time BMW concealed the engine defect, rejecting BMW’s argument that the statute of limitations began tolling when drivers first noticed the low oil warning light.
“The low oil warning did not signal a defect,” Judge Savage wrote in his order. “Even if it did, BMW, through its dealers, did not attribute the excess oil consumption to a defect, instead assuring the plaintiffs that it was normal.”
BMW allegedly knew of the excessive oil consumption defect since at least 2010 after receiving numerous complaints about the issue. In 2013, the motor company traced the issue to defective valve stem seals, the judge notes in his order.
BMW Allegedly Told Dealers to Conceal Oil Valve Defect
Even after learning the cause of the excessive oil consumption defect, BMW allegedly instructed dealerships to portray the oil consumption as normal. Because of this alleged concealment, the plaintiffs say they were unable to assert their warranty claims during the warranty period. BMW’s alleged concealment of the issue also prevented the plaintiffs from learning about the defect, the judge wrote.
The plaintiffs say that they learned about the defect in 2018 and that they filed the BMW excessive oil consumption defect class action lawsuit well within the four-year statute of limitations.
Because there are disputed facts about when they learned of the alleged defect and tolled the statute of limitations, the judge denied BMW’s motion for summary judgment.
Do you think the judge should have allowed the BMW oil valve defect class action lawsuit to continue? Let us know in the comments below!
The plaintiffs are represented by Sergei Lemberg and Vlad Hirnyk of Lemberg Law LLC and Rachel J. Schulman of Rachel Schulman Esq. PLLC.
The BMW Excessive Oil Consumption Class Action Lawsuit is Stephen Hurley, et al. v. BMW of North America LLC, et al., Case No. 2:18-05320, in the U.S. District Court for the Eastern District of Pennsylvania.
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25 thoughts onBMW Excessive Oil Consumption Class Action Survives Summary Judgment Bid
I purchased a 2013 x5 March 3,2020. On June 4,2020 without any warnings my car shut down on the parkway I waited 5 hrs to have the car towed. Because it was very late in the evening I had the car towed to my home and the next morning I had it towed to the dealership. which I was told that my engine blew. So BMW replaced the engine luckily that was covered under warranty however I had to pay $6,131 out of pocket because it didn’t for the bolts. After the engine was installed the discover that my oil line was contaminated and had to replace that. here it is a year and a few months later. I’m having a problem with white smoke coming out of my exhaust pipe and through my vents and smoking a lot . I had the car towed back to the dealership who is now saying that it has nothing to do with the engine after being told by a few local mechanics who have connection with BMW mechanics are saying that should not be happening with a new engine According to the dealership I need a new turbo charger and a crank case which will coast me 7900. 10,000 with taxes and labor. Pleeeeeaaasee HELP if anyone find out anything.
Update No cares No one here will help you these suits have no heart. I have bmw f30 spend money to get it just to tell me the engine is bad and it can’t fix it after I brought a timing chain kit than the seals than all the gaskets the car still will not work
Yes . Yes . I just purchased a 2010 550i. On January 31,2022 from a luxury used car dealership they did not tell me about this problem. I found the article on google search. I called BMW of North America and they told me to take the care to my nearest BMW dealership. I just received a text message from the SA that the car smoking blue / white. They need to spend another 5.5 hrs to find other oil leaks and it will cost $1800.
I think all the cars that BMW manufactured with N63 engines should qualify for the repairs Irrespective of the mileage and no charge to the consumer. I purchased the vehicle for $14+ K within a few weeks of purchasing the vehicle I see smoke and now I have to pay to the repair the vehicle. BMW should honor and take care of the customers. I am very disappointed because I don’t have cash lying around to pay for repairs not even enjoying the vehicle. Someone needs to help us.
We should file another suit!
I had a 750 bmw the engine blew they said it blew due to no oil but its not true
We purchased our 5 th BMW and are owners of a 2017 X5M. 2019 750 I and 2010 535. Our X5M goes through a quart of oil every 2 weeks. We looked to see if any leaks and it was baffling. I’d like to know where we can join in this lawsuit.
Call and emailed BMW headquarters North American for the last 2 months I got two calls just tell me they can’t do anything nothing for me or help why does bmw have a public relations department if the can’t and will not help you when it’s there fault. .. I only drive bmw but now the way the treated me… made me have buyers remorse… help me my car has been parked for 8 months in the driveway just eye candy a shell of car PLZ HELP ME
I need help too! Please let me know if someone responds.
I have bmw f30 328i xdrive n20 motor vin# Wba3b5c59df595460 car will not start due no oil get up to the cylinders now I think I have a timing chain problem I have 101770 miles plz help me
Add me, I have a 2017 X5 and previously a 2012 X5.
I’ve been having the same issue on my 2010 750li and they been telling me the same thing….cost me a lot of money…and I still have the same problem.
Add me