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BMW AG and BMW North America LLC have reportedly agreed to settle a class action lawsuit alleging the N63 engine in some of its vehicles caused excessive oil consumption.

The proposed BMW engine defect settlement will resolve a class action lawsuit filed by plaintiff Joon Bang and others in September 2015. They accuse BMW of concealing a defect in its N63 engines that allegedly causes vehicles to consume excessive amounts of oil and drain vehicle batteries.

BMW sought to have the oil consumption class action lawsuit dismissed, but its request was denied in late 2016.

According to the BMW excessive oil consumption class action lawsuit, the alleged BMW engine defect could put drivers and passengers at an increased risk of accidents. No accidents or injuries were documented in the complaint; therefore, it is possible for Class Members who claim they suffered injuries or other damage related to the alleged engine defect to bring claims for personal injury, wrongful death and/or property damage.

The BMW defendants deny any wrongdoing but they agreed to settle the engine defect class action lawsuit to avoid the time, expense and uncertainty of ongoing litigation. The BMW settlement documents did not provide an estimated value for the deal. However, the plaintiffs’ attorneys say the class action settlement will provide Class Members with benefits that would equal or surpass the amount they could have received if the case had gone to trial.

Class Members of the proposed BMW settlement includes anyone in the United States who purchased or leased a model year 2009 through 2014 BMW 5 Series, 6 Series, 7 Series, X5 or X6 vehicle with an N63 engine.

Under the terms of the proposed BMW engine defect settlement, Class Members are entitled to a free battery and $75 per oil service for up to three future oil changes. They will also be provided with a voucher worth $1,000 to $1,500 off a new BMW vehicle.

Some drivers may be eligible for reimbursement for expenses related to the battery and oil consumption issues, if they are able to provide receipts or other documentation of the costs. Drivers who meet specific conditions may be able to recoup at least some of the expenses they faced to replace the vehicle engine after multiple repair attempts.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Matthew D. Schelkopf, David C. Wright and Joseph B. Kenney of McCune Wright Avevalo LLP and Eric D. Barton, Sarah Ruane and Melody Dickson of Wagstaff & Cartmell LLP.

The BMW Excessive Oil Consumption Class Action Lawsuit is Joon Bang v. BMW North America LLC, et al., Case No. 2:15-cv-06945, in the U.S. District Court for the District of New Jersey.

UPDATE: The BMW Oil Consumption settlement website is now available.  Check out settlement details and get the link to file a claim here.

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119 thoughts onBMW Settles Excessive Oil Consumption Class Action Lawsuit

  1. Evelyn says:

    Hello,
    My BMW 550i xDrive received a new engine under the lawsuit, but BMW only paid 70% of the cost. I have extended warranty with Fidelity, but my BMW service advisor said Fidelity would not cover the difference. I had to pay the difference out of my pocket although it was not my fault. Did anyone have their extended warranty kick in the difference for the replacement under this or any other class action?

  2. John X5 2009 says:

    Owner of a POS BMW 2009 X5 48i, that has cost me about $10,000 in repairs, because of oil problems and etc. Am I able to join one of these class action lawsuits? I’ve owned this vehicle since it had 2014 and it has been a financial nightmare. Please advise, as this is totally out of control. I’ve yet to get our of the loan as I am upside because I can not catch up due to the amount of repairs I’ve had done.

    1. Sydney Hendricks says:

      Hi John,

      Can you contact me if you can. I am literally done with 2012 BMW 550i as I started experiencing issues with my engine not too long ago and I have always ensured that all the maintenance was done and barely drive it as much. It just hit 70k miles and all of a sudden it started burning oil in large amounts that I had to add oil every 1-2 weeks though didn’t even drive it much and no leaks. Recently it started having a horrendous knocking sound after sitting for 2 months and decided to drive it for a short distance, needless to say i didn’t get far. The next day i took it to BMW and i told them about the class action law suit and just got contact recently saying my car does not fall in it because it is for blue smoke on oil consumption? since when? so if there is no blue smoke does that not warrant them to fix it? Then to make it worse i get a price tag of $16250 that is required for a new engine and i have to come out of pocket with it? Then being told that they suggest i pursue this above the store as there is nothing they can do. I would like to sue them and even if i have to get a lemon lawyer, I will. I am not sure whether this class action suit is still active but this is unacceptable. Meanwhile I will just let this car sit while i fight this.

      1. Mark Mardini says:

        Hi John
        This is mark from Australia.
        I to have a 2013 X6 X DRIVE 50I that consumes a lot of extra oil.
        Is this class action world wide
        Thanks

  3. FRANCIS J says:

    JUST PURCHASED AN X5 50I AND THE ENGINE FAILED INFRONT OF MY OPEN GARAGE IN HOUSTON. I HAD TO SLEEP IN THE GARAGE AND NONE OF THE RECOVERY GUYS KNEW HOW TO TAKE IT OUT OF PARK MODE.NOW ITS BACK IN BMW AND THEY TELL ME ITS OVER $14263.25 TO FIX AND I NEED TO PAY HALF OF IT.ITS THE DAMN N63 ENGINE . I HAVE ALREADY BEEN TO COURT FOR A DECEPTIVE TRADE PRACTICE LAWSUIT.

    1. Boris Perez Ruiz says:

      On September 2019 I had a similar problem with a 2013 X5 5.0i, and only 69000 miles and had the oil engine pressure message, advised not to drive and tow the car to the dealer. the day before, Sunday after church, I idled the card for 20 minutes waiting for my wife to get some groceries, the car drove ok driving back home 3 miles away, On Monday time to go to work when started the engine had the message, AAA towed the car to the dealer and they ran some computer test and removed the oil pan and they could’n see any problem so was an internal engine oil pump problem and I have to
      .replace the engine ? and will cost me $16,500 plus already $700.00 paid for the test, oh but they can get another engine with 70K miles for 10K , I told then you guys changed the oil just a month ago, maybe you guys forgot to put oil my car, anyway I took my car to another car shop that works with BMW and also they checked the car and recommended to replaced the engine,, the owner called BMW and quote for a new engine and BMW told him they knew about this problem and they can sell a new engine for $4,500
      he got it and installed the engine replace all external hoses and other parts and charged me $9,900. total with taxes included and labor.
      my concern is when the temperature is 40 or lower ? the smoke coming out of the exhaust pipes cover the car ? I took the car back to the shop and he parked it inside the garage where the temperature was around 70 degrees and no smoke, he pressed on the gas pedal and nothing came out??? although I have one year warranty but the smoke is too much on red lights, he explained the reason but I think is something else.. I owned a 2008 and 2009 X5 and had no problems, Well BMW sucks, I owned a KIA optima drove over 159000 miles and only required maintenance and 2 set of tires and traded in for this piece of s**** BMW. I enjoy driving this car but rather drive a Korean car and save money than drive the ultimate drive sh** machine on clouds when smoking (idle) on red lights and waste money.
      at least the climate in Lexington, ky has not been very cold LOL this year.

  4. Isa Rios says:

    I bought a 2012 BMW 550I with 70k miles Aug 2019 through private sale. Had a top of the line warranty still on it. Once warranty was transferred to me, I took it to the local BMW dealer. By then I had noticed the high oil consumption and some smoking. Luckily for me the previous owner had meticulous service records. They submitted the case to the warranty and BMW. Car had to stay at the shop as a third party inspector was sent by warranty. Got a call the following week and told BMW is replacing the engine. No cost to me. All in all it took 20 days to get my car back and they provided a loaner the entire time. Based on others specific cases I am happy. They gave me an invoice that does not show the amount of the repair, but I took the invoice to some friends who checked the car and all the parts replaced and I belive it was done correctly. New engine comes with 2 years unlimited mile warranty. I’ll be keeping an eye on oil consumption now and see if it solved the issue. Best of luck!

  5. Clevenger/Pilone says:

    We are seeking damages and want to be put in touch with an attorney if anyone knows the point of contact. We purchased a vehicle used in August 2018, no disclosure on the condition or the class action lawsuit that was in the midst. we have spent one year fighting this with BMW of the Mainline- we will never deal with any person from this dealership ever again. BMW of the Mainline knowingly sold us this vehicle and lied to us for the entire year on the condition of this vehicle’s engine and oil problems and now have continued to subject us as 5 time BMW owners to an experience we will NEVER allow to have happen to our family again. BMW Corporate refers us to the lawsuit requirements and are not honoring their customers. I plan to move this along to the media and on my blog begin ta campaign for future car buyers to be aware of who not to buy from. This is not over

  6. Ida Isabell Mohair says:

    BMW Grapevine said that it will cost me 14,000.00 to fix my oil leak problems. They want me to pay for this but the lawsuit Bang telling me it was for oil and battery. My car is not fix and I am scared that it will catch on fire too. I am still under 97000 miles. Classic BMW wreck my 750LI while it was in there shop and it did never run the same. The service guy tell me not to bring it back and not fixing the problems at all. Came out of Classic BMW in Plano Tx wreck

  7. Connie Brown-Adams says:

    I bought my 2009 750i when it was two years old. I bought a two year extended warranty as a precaution. This car was at the shop at least every other month. Oil consumption was always a problem. I am so disappointed that I am finding out my engine was defective to begin with. This was my third 7 series bmw. I never had this much problems with the other two.

    1. Troy says:

      Me either with any of my other 750’s. I was putting in a quart of oil every 6 weeks. I thought it was the weaker BMW oil and kept driving. Then one day the dreaded Drivetrain Malfunction popped up as I was on the highway and I was almost rear ended by 2 semi-trucks.

      1. Kenneth L Harter says:

        We have the same issue a quart of oil every week, and the Drivetrain Malfunction pooped up 3 time very briefly, and it goes away, but the car jerks alot when coming to a stop or when we press on the gas. 750LI-2009

        1. Clark Nicolina says:

          I have the same issue and the cost of repairs is over $4000 for bad cylinders and spark plugs. It’s insane! I hired an attorney and filed for lemon law Bmw settled for $27000 . It doesn’t even come close when I have over $95000 in to this carThat spent half of its life in repair shops at the dealer. I just put in $2500nin repairs and $2000 to change tires to non run on flats in June. The car has now a increased oil consumption weekly and drivetrain malfunction caused by bad cylinders and spark plugs. It’s outrageous. Done with the BMW AUTOMAKERS

      2. Willie Lewis says:

        I have a 2012 BMW 550i BMW is refusing to fix my car I took it to both dealers that’s here in Dayton Ohio paid the diagnostic 2 * the process I’m still paying for a car that I can’t even drive. I have $89,000 the n63 engine.

        1. Samih Alameri says:

          What you do about that

        2. Clark Nicolina says:

          Get a lemon law attorney and sue BMW.thats what I had to do. I got 27000 minus attorney fees I received 22k

          1. Day Rawls says:

            Can you give me your lawyer name? I ownws a BMW ALPINA 7. I PAID OVER 12, 000 I. REPAIR FOR SMOKE COMING OUT OF TSILBIKE. IT WAS SMOKEY LIKW A CHIMMNEY. NEVER FIXED. THE DEALWR TLD ME TO GET RID OF THE CAE

          2. Aaron says:

            I know that it has been a few years but what attorney did you use for the suit. My X6 is currently at BMW and they are syaing that it needs an engine however it does fall under the class action suit. They still want me to be rsponsible for a portion of the repairs as well as “potential misc parts that may break during the replacement”

  8. Elmer Wolg says:

    May 01, 2019 I just had my complete engine replaced by BMW. I own a 2012 750i xdrive with 100,000 kms (60,000 miles) under my extended warranty. Good thing I had warranty. The BMW just started to use oil and was down 1 quart. Took it in for service for a oil change. They replaced the oil lines to the turbos. They claim that they where cracked. I felt a vibration at 60 kms a hour and 1500 rpm when I feathered the throttle to accelerated. 1 week later the engine just ceased. The vibration is still there after replacing the engine. I was told that the vibration was the harmonic balancer. Selling the car now because it is a lemon. The dealership has offered $14,000 Canadian on a trade in. Going to sell private because it has a new engine and might not die on the road for a while.

    1. Troy says:

      That’s straight BS man! Sorry you had to go through that. I’m not sure what is going on with BMW the past several years with all of these recalls and defects in their best cars. It’s amazing that there are those of us who still love the car but we’re not getting the respect from leadership. I wonder what a Mercedes feels like?

  9. Mike Butcher says:

    I just had the service. My motor was removed, valve seals, rear main seal, auxiliary coolant pump and battery replaced. Don’t let them tell you if parts break you will be charged. This repair takes over 70 parts. I also had some other parts replaced (Turbo coolant lines, front stabilizer links, air filters). I just paid for the parts. As long as you stay strong, this repair will really work out for you. Free oil change, antifreeze and get your other issues fixed for free.

  10. Cary says:

    I just but a 2009 750Li 2 weeks ago. It had only 86,000 miles on it. I just got into town last night to Orlando from Louisiana – 1000 miles- and the car burned up almost 1 quart of oil!!!!! I’ve never ever had this happen in any other car I’ve ever owned. I checked this car out thoroughly. All maintenance was up to date, all recall work had been completed, at idle it doesn’t smoke. So where’s the oil going??? In a few days I’m going back to Louisiana in this beautiful car and I’m going to have to carry extra oil in the trunk. I’ll definitely be trading of selling it as soon as I can. I’m officially not ever again a fan of BMW and I’ll never recommend to anyone to buy one.

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