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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 have a BMW 750li. It has a sever oil consumption issue. Contacted BMW North America, no assistance provided. They are now not responding. My car has been in the dealership shop since June 2022. It is undriveable. I would like to file a suit.
My bmw drinks more oil than gasoline. Jiffy lupe charges $500 just because it is never enough
Have 2015 BMW X-5 4.0 uses excessive oil
I have a 2015 BMW 750 Li with 42,300 miles was burning excessive oil. Took the car to BMW dealer in Encinitas CA . The dealer did a 1000 mile test for oil consumption. Yes I checked the level went way down indicating excessive oil consumption with no leaks. The dealer is telling me that BMW considers this as a normal oil consumption and no repairs are warranted. I do not believe, that is BS and unfortunately after buying and leasing many 7 series BMW’s since 1984 I will never buy another BMW.
Had an oil issue on my 2008 BMW X3, traded it years later trying to avoid a note for a 2014 X3. Serviced through the dealer for oil changes. Was notified of recalling September but couldn’t get appointment until January due to lack of parts. Was finally able to get belt replaced in January. Now engine seized and no oil or engine lights came on- not to mention the SOS didn’t work when it cut off in the middle of the intersection. Please help!
PLEASE ADD ME. I STILL HAVE MY 2014 535i. NUMEROUS REPAIRS REGARDING THE OIL LEAKING. ALWAYS OWNED BMW’S.
I have a 2012 BMW 750 LI with 90,000 mIles that has a seized engine. Both the extended warranty company and BMW have refused to cover the costs of repair. The warranty company (Gold Standard) asked for oil change records. I provided oil receipts, dates and miles of oil changes and they still denied the claim and gave no reason. 1st claim was Nov 2021. At that time the motor was not seized but failed the oil consumption test. At Nielo BMW Roseville Ca. That is a known issue for this engine. There was a class action law suit for that issue. 2nd claim was denied in April 2022. At Roseville BMW.
Having the same problem. Has there been any resolution? Should we file another suit?
The Roseville BMW dealership totally screwed me on my 2013 x3. That dealership is shady and should be shut down. BMW cars are crap!
Leaking oil on my 2010 328i car got on fire…let them repo it cuz it wasn’t worth fixing😡
I was putting 1 quart of oil in the car every 2 – 3 weeks! BMW refuses to do anything other than tell me that I need to replace the engine (which will be the 3rd engine for a car that has less than 125,000 miles. The car is completely undriveable. Besides the constant oil consumption, the car reeks of gas through the vents as soon as you crank it up but BMW refuses to take responsibility. They know the car is a lemon – all the maintenance records show the problems and now they refuse to even reacquire the car. Worst car and even worse customer service!
I have paid thousands of dollars for oil leaks and still leaking! Makes me wonder since the BMW service department is primarily commissioned base are they correcting the problem at all?
2015 X5