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BMW has been hit with another engine defect class action, this time from vehicle owners seeking redress for an alleged engine chain defect.
Eight named plaintiffs from across the country say the N20 and N26 engines in certain models of BMW vehicles have defects that could cause faulty performance and engine failure. The plaintiffs claim BMW has known about these defects for years, yet has neither fixed the problem nor disclosed it to BMW owners and lessees.
The plaintiffs take issue with two specific defects in the engine’s chains. The first defect affects the primary chain, also known as the timing chain, which coordinates the action of the crankshaft, camshafts, and cylinder valves.
According to the plaintiffs, the plastic guide assembly for the primary chain is made of a defective polycarbonate material that becomes brittle and breaks apart, creating debris that lodges in the crankshaft drive sprockets. The debris can cause the primary chain to skip, letting the camshafts and crankshaft fall out of sync and possibly damaging or destroying the engine.
The second defect affects the secondary chain, which connects the oil pump and balance shaft assembly to the crankshaft. The materials in this assembly can’t stand up to high-resistance wear, the plaintiffs say. This defect causes the chain to elongate prematurely, slip, and damage the chain sprocket.
BMW has known about these defects since as early as 2012, when according to the plaintiffs the company redesigned the chain tensioner. Since then, the company has attempted several additional redesigns that did not resolve the problem, according to plaintiffs.
Owners of the affected BMW vehicles have raised the issue in complaints to the company, warranty claims, and negative customer reviews in online forums. Yet the company kept building and selling vehicles with the affected engines without giving dealers or purchasers notice of the defects, the BMW lawsuit states.
In addition to this engine chain class action lawsuit, BMW continues to face another suit over alleged engine defects filed in November 2015.
In that claim, plaintiff David Afzal says the S65 engine in BMW M3 vehicles doesn’t get enough oil to the bearing surfaces of its rotating assembly, putting the engine at risk for catastrophic failure.
Afzal’s claims surpassed a motion for dismissal this past July. U.S. District Judge Madeline Cox Arleo determined that Afzal adequately raised claims for fraud and for violations of California consumer protection laws.
In the current engine chain defect class action, the plaintiffs seek to represent a nationwide Class that would cover all persons in the U.S. who currently or previously owned or leased a BMW with a N20 or N26 engine affected by the chain defect. Affected vehicles include the BMW E84, E89, F10, F25 and F30 from model years 2012 through 2015.
Plaintiffs also propose seven subclasses covering Class Members from each of the named plaintiffs’ home states of New Jersey, Massachusetts, Texas, California, Wisconsin, Oregon and New York.
They are asking for a damage award to include statutory and treble damages as available under applicable state laws. They also seek a court order requiring BMW to stop the conduct complained of, to repair vehicles affected by the engine chain defects, and to reimburse Class Members for their out-of-pocket expenses incurred in dealing with the defect.
Plaintiffs’ counsel includes attorneys Bruce H. Nagel of Nagel Rice LLP and Joseph Santoli.
The BMW Engine Chain Defects Class Action Lawsuit is Williams, et al. v. BMW of North America LLC, et al., Case No. 2:17-cv-11567, in the U.S. District Court for the District of New Jersey.
UPDATE: On Oct. 30, 2018, a federal judge recently trimmed claims in a consolidated BMW engine defect class action, but ruled that the automaker cannot escape the suit entirely.
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200 thoughts onBMW Class Action Seeks Fix for Engine Chain Defect
I am having the same issue with my BMW 2012 X3 74,000 miles, engine is Gone no warning.
Have had every maintenance and service done at a BMW dealership. How is this possible??? I would like to be part of this lawsuit.
I had the same issue with my X3 28i 2013. The engine blew. The warning message stated the oil pressure was low.
My 2012 528i did the same thing. Took it to the dealer, they blamed “non BMW” oil filter! A couple of months later and blown engine. Am very interested in joining this class action.
I’m having the same issue with my 2012 528i car engine complete failure with 86K miles on it and am expected to pay 10-15k in repairs…..How can i be added to this class action law suit…
I am going through the same thing in Miami!! 2012 528i
I had the same issue here in the UK with a 2011 E91 318d Touring. Timing chain went pop causing me £3150 in repairs. I will be fighting for compensation.
I have just completed the repairs on my 2013 BMW X3 xDrive28i costing around $3500. I would love any/all information on how to be reimbursed.
Thanks in a advance.
I am the owner of a 2013 BMW X3
120,000 mile and my engine is Gone no warning
Have had every maintenance done
How did this happen now I have A 7000 bill that I can’t pay and still have a car note
I want to be included in the lawsuit
We are currently experiencing the same issue with our 2012 BMW 525i. $7,000 repair cost for timing chain.
I am having the same issues with an n20. Bmw 520i March 2012. Here in Europe a lot of people have this problem. BMW does nothing. Will follow this case in the US.
I am now following this post because I have incurred the same issue down in ga. I had been telling the dealer since I was under warranty that I was hearing a noise but they thought I was crazy. I continue to tell them and they still didn’t do anything about it. Now my vehicle is at the dealership inoperable.
not crazy . it was democratic german way to hide :)
I took my 2012 528i in right before the warranty expired. Was told the noise was from a degraded engine mount. I paid to have them replaced (can’t just replace one side) since it was not an engine issue it was not under warranty. It was my last visit before the warranty ran out. 4 months later I heard (and felt) a terrible noise followed by every light on the dashboard going off and almost immediately the car dying AS I WAS DRIVING IT. I was fortunate enough to be able to pull into a shopping center parking lot as it idled toward its final death. I couldn’t even put it in neutral to push it out of the way. I had it towed to the dealer (the only place it has EVER been serviced) and was told a week later that the engine was dead and I needed to pay 12k. Contacted coorporate (BMW of North America) and after more than 3 weeks of “investigating” I am being asked to pay 9k. This is complete and total CRAP. This was my first BMW (Lexus girl all the way) and it will be my last!
I’m interested in joining this class action. I own a 2013 550i xDrive. Took my car in for a battery replacement and programming. Now am being told I need over $18,000 in repairs due to a faulty timing chain. Learning this has been a problem for years is beyond disappointing.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I clicked on follow so I will receive updates if the class action on this is certified?
We experienced two instances of timing chain issues. In the first instance 2014 we incurred a significant expense. The second instance resulted in us replacing the vehicle. Firstly because if the expense and also because a repeat incidence so soon after the first. If possible I would consider joining the class action and seek reasonable reimbursement and associated damages. Please let me know your thoughts.
Regards
Kev