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BMW Mini Cooper Engine Defect Class Action Lawsuit

By Mike Holter

 

2009 Mini CooperA proposed class action lawsuit says BMW of North America LLC concealed an engine defect in some of its 2007-2009 Mini Coopers that causes the cars to suddenly quit without warning.

Plaintiffs in the Mini Cooper class action lawsuit claim BMW has known about the alleged engine defect since 2008, but failed to disclose this information in an attempt to avoid the cost of repair and, instead, “unfairly shift the cost of repairs to Class Members.”

 

The class action lawsuit says vehicle owners have paid thousands of dollars in repair and replacement costs. More importantly, though, is that the alleged engine defect places drivers and their occupants at an unreasonable risk for harm. The class action details numerous complaints submitted to the National Highway Traffic Safety Administration from motorists who say they narrowly avoided accidents when their Mini Coopers suddenly quit in the middle of traffic.

Plaintiffs Joshua Skeen and Laurie Freeman say that despite knowing about the problem since at least January 2008, when BMW issued a technical service bulletin addressing the defect, the car marker still hasn’t recalled the vehicles to repair the defect or offered to reimburse Class Members to pay their repair costs.

Skeen and Freeman are seeking to represent a proposed class of all persons in the U.S. who currently or previously owned or leased a model year 2007 through 2009 Mini Cooper Hardtop or 2008-2009 Mini Cooper Clubman with an N12 or N14 engine and paid to repair or replace any engine components as a result of a defect in the timing chain tensioner.

The proposed class action lawsuit is the latest in a string of cases filed against BMW alleging a litany of alleged defects in it Mini Cooper vehicles. The German car maker has been hit with at least two class action lawsuits over allegedly defective Mini Cooper transmissions, as well as a complaint alleging 2002-2009 Minis have defective steering systems that make them “virtually uncontrollable in traffic.”

The BMW Mini Cooper Engine Defect Class Action Lawsuit case is Joshua Skeen, et al. v. BMW of North America LLC, Case No. 13-cv-01531, U.S. District Court for the District of New Jersey.

The plaintiffs are represented by William J. Pinilis of PinilisHalpern LLP, Raymond P. Boucher of the Law Office of Raymond P. Boucher, Paul R. Kiesel, Jeffrey A. Koncius and Maria L. Weitz of Kiesel + Larson LLP and David Markun of Markun Zusman Compton LLP.

 UPDATE: The BMW Mini Cooper Class Action Settlement is now open! Click here to file a Claim Form!
UPDATE 2: On July 26, 2016, a federal judge granted final approval of BMW’s $30 million Mini Cooper class action settlement. 

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57 thoughts onBMW Mini Cooper Engine Defect Class Action Lawsuit

  1. Charlie says:

    My 2008 mini has had its timing chain replaced twice now. I also had to replace the turbo oil line for $1200 and now the clutch/throw out bearing is shot. I’m guessing on the issue based on what I have read on the Internet. Car makes a grinding noise when I press the clutch pedal. I have paid so much $$$ in to this car it’s un heard of. If I can get anything back from these law suits that would be great. I’m off to buy a new car. I know it won’t be another BMW product.

  2. Cole says:

    Two weeks after purchasing a used 2009 Clubman non-turbo the engine started ticking at idle and the car periodically shuts off while coasting to a stop. Of course the car was purchased AS IS and the dealer accepts no resposability. I’ve spent over $1000 on other repairs like a new alternator and leaky coolant hoses and cannot afford any more issues with this POS. I should have kept my Chevy pickup and paid the extra in gas.

  3. Rita says:

    66k miles needs new timing chain @ $1700.00 plus and if you don’t replace it could cost you your life and as well if you have it replaced it you are still replacing it with the same part that was not any good to begin with in the first place. It is sad because I love my mini but I am fed up with the repair costs so I am going to have a sign put on my car to say timing chain needs replaced at 66k (unheard of )miles at a cost of 2K and I am going to drive my car all over town to let everyone know how mini deals with their problems. I should have bought a KIA!

  4. william vazquez says:

    tambien quiero unirme a la demanda tengo un mini cooper s 2007 muchas gracias

  5. christian trepasso says:

    I too would like to know more info on the tensioner class action. I purchased a 2008 clubman s brand new and have had multiple issues with it IE new turbo at 20k, new clutch, new timing chain and tensioner, and just recently told i need a new engine as a result of the tensioner issue. I currently have 90k and am looking at at least 6k more in repairs. I still owe on it and it isn’t worth 2k as is!! BMW ,in my view should make good on unnecessary repairs to there products that they market as a great economical vehicle!!!!! WILL NEVER BUY A BMW PRODUCT AS LONG AS I LIVE!!! Any info would be greatly appreciated

  6. Tom says:

    Is there anything that can be done for the timing chain tensioner? I paid for the repair but am looking for reimbursement from BMW/MINI

    1. Suzan says:

      I spoke with a representative from Morgan & Morgan law firm in April. She said the class action suit for the timing chain issue leading to possible engine failure had been filed but as far as I know that is all that has happened. She said if it is settled in the consumers favor that you will be able to be part of the suit if your mini is one of the make & models that is part of the suit. I am keeping all my receipts for everything relating to this problem. My mini is parked in my driveway and will not run. The timing chain broke and ruined the motor. The dealership wanted $10,915.00 to replace the motor with a remanufactured motor. I still owe $10,000.00 for the car. You can look up the timing chain class action suit on topclassaction.com

  7. Minnie McCorvey says:

    Hello…
    This is the info I found ,,,, thanks Kori for trying to help your Granny…
    I found this info at this webliink…www.topclassactionrebates.com
    Class Action Rebates
    HOW IT WORKS

    FAQS

    ABOUT US
    Mini Cooper Class Action Settlement
    Class Eligibility:
    Current and former owners and lessees of Mini Coopers with a Continuously Variable Transmission (CVT) for the following models:

    Mini Cooper (R50) – model years 2002 – 2006
    Mini Convertible (R52) – model years 2005 – 2008
    Estimated Amount:
    The settlement you will receive depends on the cost of CVT repairs and the age / mileage of your car at the time of the repair.

    The maximum claim is $4,100 and the age / mileage limitation is 8 years / 150,000 miles.

    Proof of Purchase:
    VIN.

    Claim Form: Mini Cooper Claim Form
    Case Name:
    Aarons v. BMW of North America, LLC,
    Case No. 2:11-cv-07667-PSG-CW

    Bourne-Miller v. BMW of North America, LLC,
    Case No. 2:12-cv-09824-PSG-JC

    Bonomo v. BMW of North America, LLC,
    Case No. 2:12-cv-09820-PSG-CW

    Case Summary:
    The plaintiffs allege that Mini Cooper vehicles with a Continuously Variable Transmission (CVT) was defective and prone to premature failure.

    Settlement Pool: Not applicable
    Settlement Website: Mini Cooper Class Action Settlement
    Claim Form Deadline: April 2, 2014
    Claims Administrator: Aarons v. BMW of North America, LLC
    Claims Administrator
    P.O. Box 43192
    Providence, RI, 02940-3192

    1. Suzan says:

      This suit for the transmission issues was settled. I hope that is a good sign that the class action suit for the timing chain tensioner leading to possible engine failure will successfully settle as well.

  8. vman says:

    I am in the same boat. Waiting to see how much this is going to cost me. I need to know my rights as well.

    1. Kori Gilliard says:

      Can anyone provide a phone number to see if my Vin is qualified in the suit….My Granny is so sick of this misfortune… the cost of these cars will go down in history…

  9. greg douthit says:

    Same thing, 53000 miles, timing belt and tensioner issue, the car is currently at a mini dealer and they are saying new engine $7000. After waiting over a month for Mini USA to “help” with this repair. I have been told my VIN is not part of the recall and they will not provide any monitary assistance. I also would like to be added to this class action suit.

  10. Bgmini says:

    So, has anybody figured out how to join in on this lawsuit. My 2008 S has been in one of the dealer’s service bays for 2 weeks. I’m being told that they are working on the problem. From reading above I believe I already know the problem! Ugh!! The only good thing so far is the rental Jetta they gave me really impressed me so far. An other lost mini owner.

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