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On Nov. 10, a class action lawsuit was filed against BMW, alleging that the engine in its M3 car is defective. The complaint also asserts that BMW knew of the defect and failed to disclose it to prospective or current owners.
The BMW class action lawsuit states that the S65 engine in 2008 to 2013 model BMW M3 vehicles has a defective rotating assembly. Allegedly, the defect creates an “insufficient supply of engine oil to coat the bearing surfaces” of the connecting rod bearings, which causes “accelerated wear on the Bearings surfaces in all [BMW M3s], ultimately causing them to disintegrate and fracture.” The class action lawsuit alleges this defect creates a “rattling” or “clacking” noise when the engine is idling.
The bearing defect can lead to “catastrophic engine failure,” according to the BMW M3 class action lawsuit. As the metal bearings wear down, pieces of bearing metal get distributed throughout the engine in the engine oil. The complaint alleges that this can lead to many different serious issues, such as a loss of power steering, or power assistance to the braking system.
The class action lawsuit alleges that BMW has been, or should have been, aware of the M3 defect since July of 2013. The engine defect lawsuit alleges that BMW knew about the bearing defect from numerous complaints to its dealerships, its website, and the National Highway Traffic Safety Administration, as well as replacement part orders.
Yet BMW has not disclosed the defect to consumers or recalled the defective M3s, and dealerships do not fix the defect when it begins to manifest, according to the BMW class action lawsuit. It also states that the undisclosed and unrepaired defect frequently leads to serious engine trouble after the warranty for the BMW M3 is over.
The BMW class action lawsuit claims that not only does the defect create a safety hazard, it also diminishes the value of the BMW M3, particularly its resale value.
Plaintiff David Afzal states that he purchased a 2011 BMW M3 in 2013 from a BMW dealership after receiving a vehicle inspection from the dealership. In March of 2015, while the vehicle was still under warranty, Afzal allegedly heard a knocking sound from the car and took it into the dealership. The dealership stated, twice, that it was “normal exhaust expantion noise,” according to the class action lawsuit. Afzal asserts that an independent repair facility diagnosed that the bearing rods needed to be replaced, at a cost of over $2,000.
The BMW M3 class action lawsuit seeks to create a Class of all U.S. residents who are current owners, former owners, or people who have leased a 2011-2015 model BMW M3. The class action lawsuit seeks damages for each member of the Class, and to require BMW to repair or replace the defective engines through a recall or extension of its warranty.
Afzal is represented by Matthew D. Schelkopf and Joseph B. Kenney of Chimicles & Tikellis LLP, Paul Scarlato of Goldman Scarlato & Penny, P.C., and Benjamin I. Siminou of Thorsnes Bartolotta McGuire LLP.
The BMW M3 Class Action Lawsuit is Afzal v. BMW of North America LLC, et al., Case No. 2:15-CV-08009, in the U.S. District Court for the District of New Jersey, Newark Division.
UPDATE: On Oct. 18, 2016, a federal judge ruled that Afzal’s class action lawsuit will continue despite dismissing several claims including fraud and breach of implied warranty.
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30 thoughts onClass Action Lawsuit Alleges BMW M3 Engines Are Defective
Any update on this ?
Any updates on this?
I’d like to know this too.
I’m having mine done in a week to prevent needing a rebuild
Just bout 2011 m3 e93
Need info about this rod bearing repair
S85 M5 same problem 52,000 miles and needs new engine fail rod bearings. 2007, what a piece of garbage BMW makes. They knew there was a problem. Produces 507 HP and they didn’t make enough clearance for a standard engine. I have seen the engine without a drain pan and it looks like they tried to cut the blocks with lasers to try and fix it. But maybe it’s the thick 10W60 in cold weather it moves even less. I had just did an oil change and spun a bearing and it made grooves in the crank. Metal shaving into the vanos and now misfires on all cylinders. Rod knocking piece of garbage. I want a new engine from BMW. Made correctly or at least the money to pay off my &30,000.00 loan
I feel your pain
I own a 2008 BMW M3 convertible with 68,000 miles one day while driving the M3 I lost power and Engine Malfunction came up on the screen. I had the M3 flat bed to the BMW dealer where M3 was purchased. I was told that I needed to replace both Throttle Body Actuators repair cost of over $3,000. A couple of months later again the same issue driving a long the coast line lost power again Engine Malfunction on my screen. I was so angry that a car of over $70,000 is having this type of issues. Had the car taken to the same BMW dealer this time they came back with a new find of metal shavings in the oil and that I required a total engine replacement of over $30,000 dollars. I was so angry that BMW would put out a product knowing that it would fail in more then one way. They should be forced to buy back all these M3 at full price plus money spent on the repairs, so that they know how it feels to lose a large amount of money like we have on there M3 product. The Ultimate money pit!
Hi, I am currently in a 2011 BMW 335is. This has the N54 engine in the vehicle. The same situation as above happen to in this vehicle. I am out of warranty and will be having to fork up the cost of a used replacement engine on my own. Would this class action suit cover more bmw engines? or just specifically the ones in M3’s?
Any update on this? I bought a 2011 4 months ago, and just found “glitter” in the oil. I’d love to have BMW do a free bearing job!
Me too, glitter in the oil with an intermittent knock. 2011 m3 with less than 50,000 miles. Dealership said I need to replace the engine for a cool 27k…. not sure how this is going to get resolved.
Has there been any progress? I just purchased a 2011 E90 with 37k miles
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!
My son just bought a 2015 M3 with 14K miles. On May 19th the engine failed as he was driving. Lost all power, etc. Had to tow the car to the dealership. They called an said it was a manufacture defect with a bolt. Need to order part and pick up loaner. The next call was to return the loaner car. His car need a new engine. Now its his fault and refusing to warranty the cost of the engine. They want him to make an insurance claim for $40K. This is a horrible situation!
UPDATE: On Oct. 18, 2016, a federal judge ruled that Afzal’s class action lawsuit will continue despite dismissing several claims including fraud and breach of implied warranty.
Just suffered rod bearing failure on my M5 (s85 engine), and there appears to be many such failures that have been reported.
This needs to be expanded to.include S85 engines. They are virtually the same as S65, and they also suffer from rod bearing wear and catastrophic failure.
Just read the forums.
A failed rod bearing with minor damage to crank shaft (least amount of damage) will cost at minimum $2800 usd for parts and cleaning materials.
Labour is in the 20 to 40 hour area.
Dealers do not repair motors, their mechanics are just technicians. They only replace parts, and most will not repair these engines instead they want $30,000 for a rebuilt one.
A small mechanic shop will charge 5 to 6 thousand for this work if your crank and rods are repairable.
Signed: unaware of this major problem when bought my m5.