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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. Nik says:

    I just bought a used 2009 Mini Cooper S and didnt even make it home from the dealer and the check engine light came on. I took it straight back and they fixed it claiming it was the thermostat housing. Today it just started making strange noises when idling and the engine smokes. This car only has 43,000 miles on it. Reading all these comments is depressing

    1. Kathy says:

      Do you know how we file the claim to get the cars fixed?

  2. J. says:

    I have a 2009 Clubman R55 non s (N12 motor). All same issues replaced leaky tensioner and had noise with Timing chain which got worse and now in limp mode needs Timing Chain been out of commission for months to now find out not gonna be covered by class action only N14 motor.

  3. Domenico Petrillo says:

    Just had engine replaced today on my Mini Cooper S 2009. I have spent over $15,000 on this car (not including rentals while it was being repaired). I purchased it new and had it maintained impeccably. I am so familiar with everyones stories on here!! How do we get added to this lawsuit?

  4. Domenico Petrillo says:

    I just had my engine replaced on my 2009 Cooper S hatchback. How can I find out if and when this moves forward?

  5. Ari O. says:

    One month after purchasing the 2008 Mini Cooper S Clubman with 80k miles, I had aux pump replaced and the timing chain and tensioner replaced which I pay out of pocket approx $4000. Three months after my intial purchase my car stopped in the middle of freeway traffic making awful noises. I pulled off the side of the busy highway safely thank goodness. Got it towed to the mini dealership- now there are saying the engine block may be comprised. just for them to look is $8000. this is a downhill battle at this point with no protection for consumers who purchase these cars. If an indicator light doesn’t come on at the time of a mechanic inspectioning it there is nothing that can be done letting us know the car is not safe to drive.

  6. Carolyn Carpenter says:

    I have a 209 Mini Hardtop with 100,000 miles on it. Last winter I had to replace air compressor to the tune of $1000. Last week I had just gotten off the freeway and it died . I towed it to my mechanic and found out it’s the timing chain. Repairs will be upwards of $3500, which I don’t have. I still owe on the car too. Called the dealer, and they pawned me off to their extremely lame customer service number. I got a young girl whose only response was \ I’m sorry\. She also said that because my car has 100,000 miles on it, it would. It be covered under warranty. now I’m stuck with a non running car, that I am going to have to sell for junk. I couldn’t be more disappointed if disgusted. No more Minis for me.

  7. Chris Guzzetta says:

    2009 Mini Cooper S. Valve seals/guides. Lots of blue smoke @ idle. Excessive oil use. I hate this N14 engine. 113,000 miles.

  8. dave brown says:

    recall in effect as 5!11!2015 for my 2008 mini cooper s tensioner and heat shield….finally…I cant believe it..heading to the dealer…

  9. Andrew says:

    Please add me to this lawsuit. 2009 hardtop, 70K miles just died on me!

  10. Peter Yao says:

    I brought my 07 mini Hardtop from dealer at Mini Fairfield, CT at 56,XXX miles in 2012. Now it just went over 100,000. I experienced the timing chain issue last week and the engine light went on. Then I brought it in for check at Mini of Chicago. I paid $139 for engine inspection, then I was told they have to do a step-by-step repair cause they are not sure if the problem is cause by timing chain, camshaft, or the tensioner. Two hours later, I was total the total cost added to $2200 before tax since the timing chain is worn out. I can’t believe that it is still happening even I did every maintenance service at the dealer in the past 3 years. They explained that my car now is over 100,000 miles, it is a lot miles for mini. I do not understand why he would even say that. If BMW builds the engine just for 100,000 miles, I would never consider this brand. Now after the issue happened, BMW just make excuse for the 100,000 miles without even looking at the mass customer complaints on the exact same issue. Im so disappointed with Mini.

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