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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
Purchased a 13 YO 2006 Mini Cooper 2019 . I got the package deal on new hoses, front axel, and radiator and water pump. Than had the brakes wiper blades and radiator replaced, March 1, 2019 Mini over heated June took it to repair fix a blown hose and than the thermostat. Three month over heated temperature gauge went to red. Found out the water pump had a leak. Sitting to be replaced. Thank You very much. But the strange thing the original oil cap was misplaced. As Jiffy Lu e had to remove it because it was glued on.
I have 2004 mini Cooper Base model, 1 purchased the car from an individual, I put around 1500 miles on it after I had a mechanic go through the vehicle and service and inspect everything the power steering was under recall and I made an appointment with a dealer for October of last year and the transmission went out three weeks before that. I don’t know if there is any legal recourse for me.
Purchased a 2008 Mini Cooper S . Two month later . We had to have it towed . Mechanic said it needed a new motor . The timing chain broke causing major damage to the motor . At a cost of $5200. What help is there for us . That were not on the list for the class action suit . It’s just not fair . Time for a total recall .
I have a 2010 hardtop S 42000 miles and now I also need a new engine. This needs to be a total recall. I will be seeking legal advice
My sons 2010 Mini Cooper S hardtop just had same issues. He said it was making a noise. The next day on the way to the mechanic the car makes a sound and lost power. Had to tow and now looking fir answers. So many people affected by these issues.
Any luck? I have a 2010 cooper s convertible and I took it to the shop for what I thought was the death rattle and they told me that the recall is no more. It basically expired. I did not get one mail about this recall. Is there any way to have em cover the cost since it’s still under 100k miles.
I own a 2009 Mini Cooper S Hardtop (R56). The class action lawsuit against BMW had a claims filing deadline of 7/1/2016. The timing chain in my Mini Cooper didn’t go bad till 12/23/2016 & was replaced then at a BMW/Mini Dealership in Towson, Maryland. Which was 6 months after the filing deadline. How is a consumer supposed to know to file a claim by a certain date if the defective timing chain had not broken yet?
Did you get any further with this? My girlfriend purchased her Mini a month after the papers were sent out about the class action lawsuit, so we would have had no way of knowing of the issue. Her engine blew up, via the timing chain tensioner coming loose. We are at a standstill with Mini, and don’t know where to go from here. Any thoughts?
Exactly, I seem to be having the issue now around 90k miles. They did t even send me mail about the recall. Any help would be appreciated.
My transmission went out today on my 2005 Mini Cooper . Am I too late to get in for payments from the lawsuit?
How can I file a claim ? I owned a 2010 Mini and the engine went out at 77K miles.
I have a 2012 mini cooper hard top. I was approached by Mini two weeks ago pushing me hard to come in and test drive new minis. I said I didn’t want to buy a new one, that my car is paid off.
Today, my engine light is on, death rattle is apparent and I have no idea why as I have followed all the regularly scheduled service requirements. Funny that this happens as my new car warranty has just expired. Has this happened to anyone else? It’s in the shop now. $250 just to get it looked at. No idea what they will say.
Please advise.
I have a 2012 mini hardtop as well. Two weeks ago, I had the same experience. The tension chain had loosened and caused havoc with the rest of the engine apparently. My mechanic told me that I had to replace the engine. It will cost about $5,500.00. If you had any previous problems with the oil filter housing unit, it seems to be related. In my case, the coolant was flushing into the oil lines. I suspect that this may have been the start of the engine issues. There is a current lawsuit for the oil filter housing. Capstone Law in Los Angeles is handing the case. You might want to contact them.
I am having the same problem. I have a 2010 Mini Cooper hard top. I bought used with 53,000 miles. I have had it for a year, I have to constantly keep oil in it. I drove it to MD and back for school, and my check engine light came on and I took it to my mechanic they said it had NO OIL in it. No sensor went on to indicate my oil was low. Now no one can tell me why my check engine light is on. I can feel there is a problem with the shifting. What can I do to participate in this law suit? Now my car sits because I can’t drive it and can’t get any answers to what is wrong with it.
UPDATE 2: On July 26, 2016, a federal judge granted final approval of BMW’s $30 million Mini Cooper class action settlement.
I filed a claim … When can I expect to get a refund?
There is a 30 day time period after final approval in which appeals can be filed. Claims will not be paid until any appeals filed are exhausted. It can take Settlement Administrators several months to review and verify claims. Please be patient and keep checking Top Class Actions for updates. We will let viewers know when we learn checks are in the mail!