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On Jan 6, BMW’s settlement of the class action alleging a defect in the timing chain of various model Mini Coopers won preliminary approval.
“The proposed settlement does not provide merely a phantom benefit,” Senior U.S. District Judge William H. Walls declared, “but rather a real benefit pegged to the amount of loss each [class] member has suffered or will suffer.”
The original BMW class action lawsuit alleged that the company knew the timing chain in its N14 engine (used for many models of MINI Coopers between 2007 and 2010) was defective, causing premature engine failure.
The total amount of the settlement is unknown, but counsel for plaintiffs estimates that it may exceed $30 million. In the proposed settlement of the BMW Mini Cooper class action lawsuit, the car manufacturer agreed to provide four separate categories of relief to the plaintiff class.
First, BMW will provide an extended warranty of seven years or 100,000 miles for the timing chain and timing-chain tensioner.
Second, Class Members will receive 100 percent compensation for timing chain repairs at authorized Mini dealerships. Repairs at independent facilities will be reimbursed up to $850 for timing chains and $120 for timing-chain tensioners.
Third, BMW will pay up to $4,500 to each Class Member for any engine repairs caused by the timing chain or timing-chain tensioner, subject to age and mileage discounts.
Finally, Class Members may receive up to $2,500 if they sold their Mini Coopers for a loss because of “unrepaired damaged or failed engine caused by timing-chain tensioner and/or timing chain failure.” That potential $2,500 reimbursement may also be reduced due to age or mileage of the vehicle involved.
The BMW Mini Cooper engine defect Class Members include “All persons or entities in the United States, the District of Columbia, and Puerto Rico who currently own or lease, or previously owned or leased, a model-year 2007 through 2009 MINI Cooper ‘5’ Hardtop (R56), a model-year 2008 through 2009 MINI Cooper ‘5’ Clubman (R55), or a model-year 2009 through 2010 MINI Cooper ‘S’ Convertible (R57) vehicle, manufactured at any time from start of production in November 2006 through July 2010.”
Class members will be identified through BMW’s records, and will be sent mail and email of the Mini Cooper class action settlement. Class Members will then have to submit claims for one or more of the categories of compensation offered by BMW.
More details about the notice and claim procedures for the BMW Mini Cooper class action settlement were not immediately available. Keep checking TopClassActions.com, or for the latest updates sign up for our free newsletter. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive an automatic notification when this article is updated.
The plaintiffs are represented by Raymond P. Boucher, Shehnaz M. Bhujwala, and Maria L. Weitz of Boucher LLP; David Markun and Daria Dub Carlson of Markun Zusman Compton LLP; Bryan L. Clobes and Kelly L. Tucker of Cafferty Clobes Meriwether & Sprengel LLP; William Pinilis of PinilisHalpern LLP; Jeffrey A. Koncius of Kiesel Law LLP; Tina Wolfson, Robert Ahdoot, Theodore W. Maya, and Bradley K. King of Ahdoot & Wolfson PC; and John A. Yanchunis of Morgan & Morgan Complex Litigation Group.
The BMW Mini Cooper Engine Defect Class Action Lawsuit Settlement is Joshua Skeen, et al. v. BMW of North America LLC, Case No. 2:13-cv-1531, in the U.S. District Court for the District of New Jersey.
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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41 thoughts onJudge OKs BMW Mini Cooper Class Action Settlement
Can I still file a claim on this? My moms 2010 mini has the same problem.
why aren’t all R56 cover under this lawsuit, I have a 2010 Mini Cooper S which have only 30k on it, I have the rattle sound and was wonder if it cover under this lawsuit.
I’m in the same boat. It’s literally the same engine I don’t understand why it isn’t included
I purchased a used 2008 Mini Cooper from a Ford Dealership April 2014 with approximately 37,000miles. It looked great, inside and out. I thought the fact that the previous owner had frequent oil changes was a good thing. One week after purchasing the car the oil light came on. Took it back to the dealer where I purchased it and they took it to a Mini repair place that the previous owners used. I was told that the Ford company mechanics didn’t have the ability to turn off the sensors but rest assured the oil was fresh and had been changed. The mini dealer called and told meI had a leak, and then told me that everything was taken care of and not to worry. One month later, the car ran out of oil. I was told it was due to the Texas heat and I would need to add a quart a month. So I did, every 3rd Saturday, I added a quart due to the Texas heat eating the oil. When I started to notice white smoke from the exhaust when the car was idling, I took it to the mini dealer. They assured me it was nothing, absolutely, no oil leak. 3 months later the water pump went out. Then, they found the oil leak, and damaged gaskets and on and on. Had it repaired, roughly $2500 cash. No warranty, because the mini mechanic service manager said they were essentially worthless and didn’t cover anything. So I had them remove it within 30 days of purchase. The single most STUPID thing I have ever done after purchasing this vehicle. My daughter gets to drive this car for 8 months before the DTML pump needs to be replaced. Had it replaced $400 with oil change. 4 months later, the vacuum pump and camshaft adjuster needs replacing, $2500. 7 days prior to the car becoming unable to drive, I had taken it to have the rear brakes change. No problem, that is routine maintenance. I paid $15000 for this car. I am so done. 2 weeks the car is sitting at the dealer. HOW CAN I GET IN ON THE CLASS ACTION LAWSUIT? The mini dealer act like I am being unreasonable or I am talking gibberish. What can I do? Is there anything I can do? This car is a money pit. I owe like $7000. It is a loss. I have paid 2 months for a car I cannot drive and my conscience wouldn’t let me sell this piece a crap to anyone other than a mechanic. I can promise you this, MINI or BMW couldn’t GIVE me a car. I have instructed my daughter NEVER to EVER purchase anything from this company because they are so unethical.
Is this for real????? I have had to replace the timing chain tensioner and oil pump ( due to plastic from tensioner in it ) and it seems like it is going out again!!!! I had it replaced at 60,000 and the car only has 86,000 on it now!! What exactly do I do?? Call the dealership I had it replaced? I kept all receipts.
Finally!!! Now, I can get my $3,000 money back for chaing timing chain. Actually, my enging was dead 2weeks ago. But, Im not sure its related to timing chain or not. Do you guys know when we can get the reimbursemnt? Please share. I need money to pay down payment for new car (of course not mini anymore)
I have a 2010 Mini Cooper S build date 2/10. I am actually right in the middle of doing this timing chain repair myself..what a pain, very poor design $$
My 2010 mini cooper s started the death rattle. Any ideas on cost of repairs at a mini dealership? And any idea if this can make it a lemon?
UPDATE: On Jan. 6, 2016, the plaintiffs asked a judge to grant preliminary approval to the BMW class action settlement.
Any other word on this?
Is the warrant 7 years from manufactured date? If so then a lot of the 07 and 08s wont ever be covered for warranty repair, which is bogus!
i had the typical death rattle on my 2010 mini cooper s hatch. the timing chain had stretched to nearly 10mm past factory spec. this was first noticed at 62k and was finally replaced at 78k under warranty. i noticed higher than normal oil consumption that seems to have been associated with the stretched chain throwing the engine out of time. one of the side effects of this happening is accelerated carbon build up on the intake valves. this is a known issue of any direct injected engine, but not 20k after having the valves blasted the first time. would something like this be covered under said lawsuit, and could this issue carry over to a car built one model year later. the overall cost of a valve service is 850-900 us.
Finally!