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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
D
I have a 2013 BMW X3 i28 with an N20 engine that just bit the dust due to the timing chain malfunction, and particles got into the engine; the vehicle only had 69,000 miles and has been regularly serviced by BMW, they even stated it was in excellent condition, and now I have to settle with it’s my fault. I plan to take BMW to court knowing this information and they will pay; my engine died while I was on an interstate traveling, and I could have been killed.
My 2013 did the exact same thing. I’m totally with you. Let me know how it goes for you because I feel they are responsible for selling and manufacturing cars that malfunction then we’re stuck with the debt or without a car.
Please can someone give us the link to file a claim, my BMW is being delivered this morning after $20,000
for timing chain and engine. BMW needs to be held responsible for all costs.
Richelle Nazaroff
Kansas City, Kansas
How do I get in on this. I have literally had to replace my timing chain and I’m not having a driving train malfunction pop up. How can I get in, they say the class action suit is closed.
I’m having to replace my timing chain after the lawsuit settlement today for my 2015 BMW. How can I get in on this on settlement I’m just finding out about ?
I have a 2013 528I with 71,000 plus miles and the car broke down on the Highway. The warning I got on the screen that read Drive train malfunction. I have not been able to get it fix due to lost of income and still waiting on a letter or update on getting it fix.
My 2013 528 I experienced the same thing at 88k miles and now at 127k the timing chain broke again now costing $8000
My 2011 328i xdrive, just stopped working. Had it towed to certified BMW mechanic. He said that I need to replace time chain and oil pump. 7500 dollar damage. The mechanic said that the cam’s that hold the chain on sheered off into the engine. Had no waring light come on before it happened. How do I get involved in law suit.
My mileage was 59.5k
I had a 2015 X1 with 89,000 miles on it and and the motor went out. Smoke and the car was missing. I had to get another car and let BMW finance department repo the car b/c I couldn’t afford $5,000 to have it fixed
My BMW 528i xdrive die on my on interstate 78 , the only warning that I got for 3 minutes was oil pressure low & drive train malfunction, almost got hit by tráiler truck , AAA towed to BMW dealer they told me that the oil pump failed and damaged my engine and to get my car back I need $18,750 for a new engine, how I can get in to this lawsuit, can someone help out ??
Question, were the dealership the one ones who ever worked on your car? Did they ever tell you that prior that it is or not a common thing? Because I’m going through a lawsuit against me and the dealership I was consistently going to.
My 2013 X3 has 144,000 miles and the engine just locked up, would it still qualify to be covered in the lawsuit
Anyone know how to get involved? My son’s 2013 328xi 80k miles, locked up with the dealer service dept driving it after installing new tires, a mile down the road from the shop. Quote is 13k to fix it, and bmw should have to cover it