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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
Any word on this class action. The Skeen class action didn’t include 2010 hard tops r56. Just the convertibles.
I just bought a 2008 Mini S hatchback. Timing chain broke and ruined the engine. I am in negotiations with mini USA now. If they said the chain last 10 years and 120,000 miles then they have to do a recall. The mini dealer told me they knew about the problem but informed not to tell the consumer. Please add me to the class action suit.
Own a 2007 mini cooper, timing chain snapped, want to be added to the lawsuit for reimbursement.
My (very well cared for) 2007 Mini Cooper died suddenly on the freeway yesterday. PLEASE, If anyone knows how I can be added to this lawsuit, please reply.
We live in California and purchased our 2009 Mini Cooper S new. The car has less than 30,000 miles. We recently began experiencing problems. We were just advised today from the service dept. at BMW that the timing chain cassette and guides are broken. They advised that the cassette needs to be replaced and all broken pieces removed from the engine and oil pan. The valve cover is also leaking and they recommend replacing it as well. This will cost over $3,000. In researching this, it sounds like a very common issue that BMW is very aware of. It appears that a New Jersey class action suit was filed and settled. How do we go about join a class action lawsuit?
I purchased my 2010 MINI October 2010, the car had problems in 2012 where the engine would hesitate, would not accelerate, and began backfiring. It took the dealership 3 weeks to diagnose and fix, not sure exactly what they did. I think something with the timing chain and fuel pump, all fixed under warranty. Now November 2015 my car comes down with the death rattle, the timing chain and gears are broken. MINI refuses to pay for any repairs because I am past my warranty at 64,000 miles. The cost to fix $1350. Seems like if everyone is having the same problem, this should be considered a defect and MINI should be responsible and step up their customer service. I would like to be involved in any class action case related to the timing chain and gears.
I’m about to take my ’09 hardtop in for diagnostic of the same rattling noise. I talked it over with the technician, and he’s of the mind that it’s the timing chain and tensioners. I’m choking down the idea of a potential $2500 “fix” that could happen again. Not issuing a recall is inexcusable.
How do I become involved in the class action Joshua Skeen, et al. v. BMW of North America LLC?
I purchased my 2008 Mini Cooper S back in July 2014 . Same problem had a rattling noise took it in the dealership Yep its the timing chain . Of course the dealership wants to charge me 1950.. After everything I already repaired on it.. Cant wait to get rid of this car very disappointed with BMW MINI.. Any more info on this Law suit.. ?
My 2009 mini cooper S suffered major engine damage less than two months after the dealership replaced the timing chain. Although this case listed on this page has been settled, there is another lawsuit thats still pending – I reached out to one of the law groups and they contacted me and asked for reports on my car. http://www.kbla.com/
I have Mini Cooper 2010 hardtop and engine light has now turned on couple of times. First, it was repaired by local shop for cam sensors and when it came back, I took it to the dealer and he told me that timing chain tensioner is leaking. $1800 down so far and none covered under warranty. I would also like some legal advise.