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Last week, BMW of North America was hit with a class action lawsuit alleging certain 2008 to 2013 BMW M3 vehicles containing S65 engines have a defect that can lead to catastrophic engine failure.

Plaintiff Joselyn Urena accuses BMW of not disclosing the defective bearings, which allegedly begin to fail and cause metal debris to contaminate the engine oil and circulate through the engine.

She says the defect manifests because the engine’s rotating assembly causes an insufficient supply of engine oil to coat the bearing surfaces, increasing the likelihood of accelerated wear on the bearings, causing them to deteriorate and release debris into the engine oil.

“This defect–which existed at the time each Class Vehicle was manufactured, and typically manifests itself during and shortly after the limited warranty period has expired–will inevitably cause the Class Vehicles to experience catastrophic engine failure,” Urena alleges in the BMW class action lawsuit.

Urena says that the defect leads to insufficient oil lubrication that can cause the affected vehicles to experience catastrophic engine failure, including stalling events that can occur while the vehicle is in operation.

The vehicles’ power steering and braking systems are also affected by the alleged BMW engine defect, putting drivers and occupants of the vehicles at an increased risk of being involved in an accident and becoming injured, the BMW class action lawsuit says.

“In addition, catastrophic engine failure frequently results in a physical hole in the engine block, causing hot engine oil to escape, resulting in a fire and/or the dramatic loss of traction for the Class Vehicle itself or other vehicles on the roadway,” according to the BMW engine defect class action lawsuit.

Urena says BMW has been aware of the rotating assembly defect but has refused to repair the issue without charge when the defect manifests in a vehicle.

According to the engine defect class action lawsuit, BMW also fails to disclose the defect even when vehicle owners and lessees bring in vehicles that are consistent with the defect, “instead choosing to ignore the defect until it has resulted in significant mechanical problems, necessitating costly repairs to owners and lessees.”

Urena purchased a pre-owned 2011 E92 BMW M3 in about May 2014, the BMW class action lawsuit says. The vehicle had just shy of 30,000 miles on it at the time of purchase.

In October 2014, the vehicle experienced sudden catastrophic engine failure while she was driving on the highway. The vehicle had about 36,395 miles on it at the time.

When she brought the vehicle to a BMW dealership, it declined to repair the vehicle under warranty because it claimed the engine seized from “over-revving.”

An independent BMW repair facility confirmed the engine failure and quoted her a price of $15,000 to install a replacement engine.

Urena refused to pay to replace the engine and she stopped making payments on the vehicle because the engine defect had rendered it inoperable.

Her vehicle was eventually repossessed by BMW Financial, which she had used to finance her vehicle purchase.

The BMW engine defect class action lawsuit asserts violations of the New Jersey Consumer Fraud Act, breach of express warranty, breach of implied warranty, breach of the duty of good faith and fair dealing, and common law fraud.

Urena is represented by Bruce D. Greenberg of Lite DePalma Greenberg LLC.

The BMW Engine Defect Class Action Lawsuit is Joselyn Urena v. BMW of North America LLC, Case No. L-4875-18, in the Superior Court of New Jersey, County of Bergen.

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29 thoughts onBMW Class Action Says M3 Engine Defect Leads to Engine Failure

  1. Mercedes Perry says:

    I purchased my 2015 528i x drive from a dealership in September 2019. My manufacturer warranty expired in October 2020. On June 8, 2021, the Rod Bearing in the engine failed. I have taken very good care of the car with regular oil changes, thorough analysis visits where all fluids and systems are checked and fluids are topped off, etc….There was nothing abnormal, it ran beautifully. I was riding through the neighborhood on a residential street and it suddenly started knocking.
    Please add me to the list.

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