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BMW of North America LLC has been hit with another class action lawsuit over its much-maligned MINI Cooper vehicle, claiming that its 2007-2010 model years contain a timing chain defect that cost owners thousands of dollars in engine repair and replacement costs.
Plaintiff Richard Kahn alleges in the MINI Cooper class action lawsuit that he bought a 2010 Hardtop (R56) Mini Cooper in 2009, and in March of this year the vehicle broke down “without any prior warning.” When he took it in for service, the dealership would not guarantee that the repairs would be done at no cost to him because he was just outside of the 36,000 mile warranty and, as a result, Kahn had the repairs performed by a private party.
Kahn alleges in the MINI Cooper class action lawsuit that the repair should be covered under warranty because the problem is a design defect, not something that would naturally occur. The tensioner on the timing chain in Kahn’s MINI Cooper allegedly failed. The chain is a critical component of the engine: it works with the camshafts to complete the combustion process. Without it functioning, the engine loses power.
According to the class action lawsuit, the MINI Cooper engine defect regarding the tensioner is potentially even more dangerous as a result of it being located inside the engine block, which can cause damage to other parts if it fails. Further, BMW reportedly knew of the issue as far back as 2008, according to the class action lawsuit.
That is when the auto maker issued an internal service bulletin that acknowledged the issue but did not make it public or make any changes to its warranty problem, even though the BMW class action lawsuit alleges that the MINI Cooper engine defect usually occurs after 36,000 miles.
Kahn is seeking several remedies from BMW regarding the alleged MINI Cooper engine defect, including an advertising campaign regarding the issue, damages and restitution for all necessary repairs, as well as damages based on the reduced value of the following vehicles for the class constituting all New York residents who owned or leased the 2007-2010 MINI Cooper hard top, 2008-2010 MINI Cooper Clubman, and 2009-2010 MINI Cooper convertible.
This is not the first class action lawsuit to be filed over alleged problems with the popular MINI Cooper vehicle. BMW reached a MINI Cooper class action settlement in 2013, resolving five class action lawsuits accusing the automaker of selling the vehicles with shoddy transmissions.
Kahn is represented by class action lawyers from the Law Office of Wendy R. Stein, Ahdoot & Wolfson PC and Morgan& Morgan Complex Litigation Group.
The MINI Cooper Engine Defect Class Action Lawsuit is Richard Kahn v. BMW of North America, LLC, Case No. 14-cv-02463, in the U.S. District Court for the Eastern District of New York.
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28 thoughts onMINI Cooper Engine Defect Class Action Cites Timing Chain Flaw
I purchased a Mini Cooper 2010 Convertible on 04/14/2015. 1 week after having the car a Rattling sound started, that just kept getting louder. A few days later the engine light kept flashing. I took it to the dealer where I purchased it from (South Bay Ford/Luxury Pre-owner car dealer in Bellflower, CA and Hawthorne, CA) while still having Warranty coverage and they said that the mechanic that had checked my car said that is was a normal sound coming from this kind of car. They (verbally) gave me 90 more days of warranty to see if the rattling sound got louder. So a few days later sure enough it got louder. So I call them back to set up an appointment and now they are saying my warranty expired already when I didn’t even have 3 months with the car!!….Now I’m stuck with a car and insurance payment and my car parked in my sister’s garage because my car now turns off and the engine lights is now lid all the time and the rattling sound is worse….my car wont make it home now….please Help!!!
I purchased a 2010 MINI Cooper in December 2011. The car had 564 miles when purchased. At 41,000 miles and shortly after warranty (January 2015), the car is having engine issues. It began stalling, hesitating and difficult to start. There were no warning light to indicate any issues with the car. An honest mechanic conducted a MINI diagnostic computer scan on the vehicle whcich resulted certain faults. He said I should not be having those issues; and, suggested that I take it to the dealer because of recall issues relating to the timing chain and possibly the fuel pump on MINI Cooper.
The car will be evaluated by the dealership soon. I will wait on the outcome of the evaluation, and may have to file a claim or lawsuit also. I would like information relating to the class action lawsuit. I would like to know how to address the service mechanics when I take my care for evaluation.
Your assistance is appreciated.
Jai.
To all parties wanting to know the details of Kahn VS. BMW North America in regards to the timing chain issue, let it be known that the plaintiff settled. In other words BMW paid off the guy to shut him up. The last thing they want is a class action lawsuit right? I will never buy a BMW-MINI product so long as I live. BMW does not stand by their customers and they fight you tooth and nail to honor any warranty. If I am paying luxury prices for my vehicle why can’t I have reliability too? Lexus and Infiniti here I come! At least I’ll have a luxury car and reliability with those brands.
This is completely untrue. BMW did not pay me off. If you want to learn about class action, do your research and contact attorneys handling the case.
Richard, I am assuming you were the one who filed against BMW. My 2008 Mini Cooper S just had the timing chain completely break, causing damage to the engine that is not repairable. They are talking $6,000 to replace the engine. Is it worth it to file another lawsuit? I am completely at a loss.
Bought in MASSACHUSETTS 2005 BRAND NEW MINI COOPER CONVERTIBLE.
paid in full. Asked MINI COOPER few times in past 3 years about the RUMORS about transmission Class action Lawsuit, to only they brushed it off with replies: No, never heard, no issues,etc, etc…
December 27th at 42,000 Miles TOTAL TRANSMISSION FAILURE.
Paid them $4100.00 to fix it. I purchased this car with thoughts I was buying a MACHINE’.
Something I would have for my niece as vintage someday. this car is MINT in every way, I took care
of it.. transmission should of never failed, especially with the low mileage.
I have no faith in MINI COOPER anymore or even BMW. How can I get some justice.
Antoinette In Boston
Antonette:
There is a proposed settlement regarding MINI Cooper transmission defect lawsuit under Judge Gutierrez, case Aarons v. BMW of North America LLC, Case No. 11-cv-07667, in the U.S. District Court for the Central District of California. Contact the clerk of this court and find out how you can be apart of the settlement, or seek legal advis for this matter.
Jai
We have the same problem and need to be part of the suit. I am still making monthly payments on a car I cannot drive because I can not afford to pay $10,991.00 for the repairs.
Please let me know about joining the class action lawsuit.
Jacqueline p junker
2009 Hatchback S, super serviced, adult driven like old lady yet timing chain tensioner let go last week with no warning whatsoever driving 35 MPH. Throught I might of heard the “Death Rattle” that morning (since I found out about the issue I think I hear it every other day) and checked the oil which was fine. 1/2 mile down the road the tensioner broke into 3 pieces and destroyed the engine (valves, pistons, ect.) beyond repair. I’m being told that it’s going to cost me over 8K to have a Rebuilt motor installed and could take months. So I’m having to obtain a loan to pay to repair a car on which I’m having to make monthly payments plus buy another car to drive daily. I’m so bummed and broke. I’m afraid to drive the car even after I get it fixed but can’t afford to sell it. Harley Davidson had a similar timing chain tensioner issues on the early Twin Cams where I heard there was a class action lawsuit. Wonder what happen there??
similar story for me… is it too late to join the class action ?
is this still open to non-NY residents? my car has the exact same issues, the dealer isn’t helping much and Mini isn’t responding…
Same thing here. Mine tore up about 3 weeks ago. Mini of Birmingham won’t call back and trying to decide on taking legal action or finding somewhere else to fix it, even though the 10 other mechanic shops I’ve called, here in town, have refused to touch the car, some for fear of getting involved in lawsuits. Are there any lawyers associated with this suit in Alabama? If so I would like their information.
My 2009 Mini Cooper S with 71,000 miles also died while driving down the road June 15, 2014. Took to garage, timing chain, tensioner and guides all failed. Mini looked at tensioner 6 months ago, said no problem. Like to be part of class action!
How do we get involved if we don’t live in New York? Will everyone be covered once this suit is completed?
I’m also curious Doug,I need to be added to that lawsuit.My timing chain let go along with the vacumn pump and Mini Cooper won’t do anything.One thing I’m grateful for is that it didn’t let go on the highway,could have been really bad.This car should have never made it to the showroom.I’m surprised the goverment hasn’t forced a recall.
Our timing chain failed yesterday going down the road. We would also like to be a part of this lawsuit. Let me know if anybody finds out anything!