Last week, a class action lawsuit was filed against auto maker BMW of North America alleging that the sealant used in engines of the popular Mini Cooper model cars is prone to cracking and causes leaks.
Lead plaintiff Joshua Borkman claims that Mini Coopers from model years 2009 until 2014 contain the defect. Borkman says that the sealant used in the lubrication systems in these engines cannot take the engine heat and causes the system to become susceptible to cracks that cause leaks.
The plaintiff further alleges that as a result of the leaking oil and engine lubricant, the engines in the affected Mini Coopers overheat and become damaged causing power loss while driving in some cases.
The class action states that BMW was or should have been aware of the problem with the sealant in the engines starting in 2011 when the auto maker began receiving complaints; however, BMW concealed the problem from consumers. The plaintiff claims that the alleged defect costs affected Mini Cooper owners hundreds and even thousands of dollars to fix.
According to the lawsuit,“The engine oil sealing defect causes unsafe conditions … [and] these conditions present a safety hazard because they severely affect the driver’s ability to control the vehicle during operation and can cause engine malfunctions at any time and under any driving conditions or speeds, thereby increasing the risk of accidents and injury.”
The plaintiff alleges that BMW should have informed consumers about the problem and even recalled the affected Mini Coopers, or at least extended the warranty in response to the alleged complaints. The plaintiff points out that when BMW addresses the issue on an individual basis, the auto maker has replaced the allegedly defective engine parts with similarly defective versions.
According to the class action complaint, Borkman purchased a 2013 Mini Cooper. In 2015, while the car had just over 40,000 miles on it, the plaintiff claims that he experienced signs that the engine was leaking that was not solved by replacing the oil filter gasket.
The plaintiff seeks to represent a nationwide Class of consumers who purchased model year 2009 to 2014 Mini Coopers, as well as a subclass of California purchasers. The plaintiff is seeking damages for BMW’s alleged violation of California consumer protection laws, breach of warranty, and unjust enrichment.
BMW has been hit with a number of other class actions over the Mini Cooper recently. One class action was filed over an allegedly defective water pump; BMW agreed to settle the case by paying owners up to $500 for related repair costs. The other class action, still pending in a California court, claims that Mini Coopers contain a design defect that causes leaks and water to pool onto engine parts.
Borkman is represented by Jordan L. Lurie, Robert K. Friedl, Tarek H. Zohdy, Cody R. Padgett and Karen L. Wallace of Capstone Law APC.
The BMW Mini Cooper Leaky Engine Class Action Lawsuit is Borkman v. BMW of North America LLC, Case No. 2:16-cv-02225, in the U.S. District Court for the Central District of California.
UPDATE: On Jan. 17, 2017, the plaintiffs urged a California federal judge not to dismiss a class action lawsuit alleging BMW of North America LLC concealed an engine defect in some of its Mini Cooper vehicles.
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74 thoughts onBMW Class Action Lawsuit Says Mini Cooper Engines Leak
I have a 2014 Mini Cooper Countryman. It has oil leaks in 3 places, and overheats. The repair is approaching 5,000.00. The car has been treated well, and began leaks at around 65,000 miles. I have never experienced this problem, on any vehicle, at this stage of the vehicle’s life.
I have a 2010 mini Cooper S and it has only 40k miles on it. However, it started to have issues such as coolant leakage, engine case leak, water pump and thermostat problems when it only has about 25k miles. I spent well over $12k in repairs in the last couple of years. But now it kept on having issues and the mini dealerships said they are not sure what the problem is. They need to do more repairs like carbon cleaning and high pressure fuel injector replacement. My car’s market value even with low mileage is probably less than $4k, but I already spent over $4700 in repairs in the last 8 months. Is there any class action against BMW for the issues that my mini experienced when it’s under 41k miles.
I am the owner of 2010 Mini-Cooper. ALL maintenance and service was performed by the dealership, in Alexandria, VA. WITHOUT warning, the car stopped. It had to be towed to dealership (~ $600). They found an internal plug had popped/cracked/failed, and the coolant fluid had leaked into the oil reservoir, ruining the engine, totally. NO WARNING. They said it would cost $17,000 dollars to have the engine replaced, and it was’t covered under warranty. Instead, I have had a rebuilt engine replaced by another mechanic, since I was not willing to give another dime to the dealership. period.
I have an excessive oil leakage from my 2015 Mini Countryman S . Any chance I can benefit from this lawsuit?
2014 Mini Countryman suffered from
Excessive oil consumption since new,
Timing chain guide failure at 80000 due to excessive heat and a catastrophic engine failure due to an overheating situation / coolant loss at 114,000 miles. Car was meticulously maintained to no avail. Problems were documented with dealer at every oil change, nothing was ever done to address the excessive oil consumption.