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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. Jeff Willis says:

    E93 (Convertible) M3 owner checking in. Adding my car to the list. Was cruising to work doing 65 and all of a sudden my engine’s guts shot out of the block. This was a diligently maintained M3.

  2. Edgar Rodriguez says:

    E46 M3 had rod bearing issues and BMW covered recall cost. They should do the same for The E92 M3 there’s proof and history of BMW engine rod bearing issues.

  3. Teesha Coleman says:

    I have 2013 X3 engine failure
    After making all my schedule maintenance my engine went out I have to pay 6000 cash to get it fix
    Bmw would not help at all

  4. Zach Komm says:

    My 2008 m3 has spun a bearing resulting in complete engine failure, i am a 17 year old high school student who has spent years putting in hard work to afford this car. Bmw is wrong for this and now because of their rod bearing issue i am out of the thousands dollars i have saved my entire life.

  5. Tom S says:

    Please add me.

  6. Samillia Bush says:

    Who can I talk to about this similar issue? Im

  7. Grace S Jackson-Gavin says:

    I NEED SOMEONE TO HELP ME NOW!!!
    Just got the a BMW X 6 50I 2011 in Feb 2018 made payments on time and paying N.J high car ins now it need ex oil all the
    time

    1. Sean says:

      My 2013 BMW X3 has total engine failure. When they looked it over they told me that metal fragments were found in the oil pan and within the engine itself. It needed to be replaced and I had to pay $5600. The dealer surprised me and paid $2000 and BMW also paid close to $2500. I want my $5600 back. This is ridiculous.

      1. Doug Jameson says:

        I have a 2013 M3 in the dealer for what sounds like the same thing. Same excuses, metal in the oil, over revved when it happen. Need a new motor. Sounds like crap to me.

        Doug

        1. Lou R Need Engine Rebuilt Due To This issue says:

          2008 BMW M3 E92 Spun Rod Bearings to common. BMW needs to do the right thing!!!

  8. Karen MASON says:

    My 2013 BMW X3 engine is making noise as well but I am petrified to take it to the shop as I am on a fixed income. Can the X3’s be included in the suit as well?

  9. Alex Kolver says:

    Even the older S54 and S85 engines had same problems and BMW didnt do anything about it, They must recall all the engines and replace the rod bearings with non BMW parts to show respect for customers.

    1. Steven Palmer says:

      Count my BMW as a pos when the head bolts stripped the threads in the block on my 530i. Never ever again with a bmw pos. totally ripped off! And the got away with it!

  10. Roosevelt & Lena Fuller says:

    My 2012 Kia Sorento connect rod bearing broke and put two hole in my engine on Instate 75 North of Perry Ga in September 2016. I had it towed to Jeff Smith in Perry Ga. September 2016 and they done the diagnose and it was my connect rods that was broke, after Kia didn’t agree at that time to fix it, so Jeff Smith call Adam towing service to get it towed off his lot. Now they want me to pay the bill every since March or May 2017 until now July 2018. I have call Kia in California they said that my car was not suppose to leave the car lot and I have been without a car until I had a old car fix, so I could get to work. Now the car is tow up. I paid faithfully for my car and still paying on it now. I’m almost done paying for a car I don’t have. I work hard to pay for my car. I NEEDED HELP PLEASE.

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