— A BMW excessive oil consumption class-action lawsuit settlement may help owners and lessees who complained about multiple oil changes and drained batteries.
The BMW class-action lawsuit includes the following vehicles purchased or leased in the U.S. or Puerto Rico and equipped with N63 engines.
- 2009-2012 BMW 7 Series Sedan (Built from March 2009 to June 2012)
- 2010-2013 BMW 7 Series Active Hybrid (Built from April 2010 to June 2012)
- 2010-2012 BMW 5 Series Gran Turismo (Built from March 2009 to June 2012)
- 2010-2013 BMW 5 Series Sedan (Built from March 2009 to July 2013)
- 2011-2012 BMW 6 Series Convertible (Built from March 2011 to July 2012)
- 2011-2012 BMW 6 Series Coupe (Built from July 2011 to July 2012)
- 2010-2013 BMW X5 SAV (Built from March 2010 to June 2013)
- 2009-2014 BMW X6 SAV (Built from July 2008 to June 2014)
- 2009-2012 BMW X6 Active Hybrid SAV (Built from September 2009 to September 2011)
The lawsuit, Bang v. BMW, alleges the vehicles consume excessive amounts of engine oil and require repeated oil changes, in addition to suffering from premature drained batteries and battery replacements.
According to the terms of the class-action settlement, customers may be eligible for numerous benefits, if certain conditions are met.
Reimbursement for Past Oil Changes
A customer can be reimbursed for the cost (not to exceed $75 each) of up to 3 past oil changes if the repair invoices are provided and if the work occurred prior to 10 years/120,000 miles from the date the vehicle first entered service. In addition, the oil change must have taken place less than 12 months or 10,500 miles after the previous oil change.
In place of that, owners can choose to receive one free future oil change instead of reimbursement for past oil changes.
Affected BMW customers are also eligible to be reimbursed for the cost of up to seven quarts of oil that were purchased between oil changes, up to $10 per quart, but only under these conditions:
1. The oil must of been of the same type and grade specified for the vehicles in the owner’s manual and supported with proof of purchase, repair order or service invoice.
2. In addition, at least one prior oil consumption complaint must have been made with BMW or a BMW dealer, and there must be proof of the complaint as evidenced by a repair order, customer service report or other written documentation.
3. Along with meeting all those conditions, the vehicles must have had less than 120,000 miles (or less than 10 years old) at the time the oil was purchased. An owner will need to show proof of that by providing the service records from before and/or after the oil was bought.
Reimbursement for Towing/Rental/Roadside Assistance
It's possible to receive reimbursement up to $50 for the cost one one towing, rental or roadside assistance service related to oil consumption or premature battery failure, but only if a customer can provide proof.
The lawsuit settlement says the BMW vehicle must have been towed to a BMW dealer or a third-party repair center as evidenced by a repair or service order. And the invoice must say the reason was related to premature battery failure or oil consumption problems.
Reimbursement for Past Replacement of a Battery that Was Less than 3 Years Old
A BMW owner can receive reimbursement for the cost of one replacement 90 Ah or 105 Ah battery purchased prior to the mailing of the class-action lawsuit notice. But the customer must provide proof the discharged battery was less than 3 years old and the new replacement battery was purchased outside the 4-year/50,000 mile vehicle warranty.
In order to obtain reimbursement for eligible past expenses, you must submit a claim form and include all of the documentation described above.
N63 Customer Care Package
BMW has already made available to current owners and lessees of the vehicles the “N63 Customer Care Package,” described as BMW service bulletin SI B11 06 14. The N63 service is intended to get rid of or reduce excess engine oil consumption and premature battery failure, and the campaign is available regardless of the age or mileage of a vehicle.
Each affected BMW vehicle is entitled to receive the N63 package only once, but vehicles that haven't received the service can still get the service performed at BMW dealers.
Three Free Future Oil Changes
Current owners or lessees will receive three future oil changes (up to $75 per oil change) performed at a BMW dealer during the earlier of 10 years or 120,000 miles from the in-service date of the vehicle.
Oil Consumption Testing
Under certain conditions such as the mileage of the vehicle, BMW will perform up to three oil consumption tests if the low oil level light illuminates before other warning indicators such as the "oil service" light.
The settlement says the test will help determine if the BMW vehicle is consuming too much oil, and if the vehicle fails the oil consumption test, BMW will provide repairs up to the earlier of 10 years or 120,000 miles from the in-service date at the time of the failed test.
BMW N63 Engine Replacement
The affected vehicles may be eligible to receive one replacement engine which includes the cylinder heads during the earlier of 10 years or 120,000 miles from a vehicle’s in-service date.
However, there are numerous conditions that must be met for BMW to replace the engine. In addition, there is a good chance the car owner would still need to pay something for the new engine.
According to the N63 settlement terms, the vehicle must have already went through the N63 customer care package and the vehicle must have failed two oil consumption tests. In addition to those conditions, BMW must have failed to completely resolve the excessive oil consumption problems after the second failed oil consumption test and second repair attempt.
In addition to all those conditions, a BMW dealer would need to confirm there is still an oil consumption problem before the engine is replaced.
After all that, a customer will likely still need to "contribute" to cover the cost of replacing the engine. For example, if a vehicle has 50,000 - 60,000 miles on it, an owner would need to pay 5 percent of the cost to replace the engine.
If the car has 70,000 to 80,000 miles, the owner would need to pay 30 percent of the replacement cost of the engine. If a vehicle has 100,000 to 110,000 miles, the owner would need to pay 75 percent to replace the engine and BMW would cover 25 percent of the cost.
Replacement Battery
For a vehicle that can be retrofitted with a 105Ah battery, BMW will provide one new 105Ah battery to replace the 90Ah battery if the owner did not previously receive a replacement battery, and, thereafter, 105Ah replacement batteries at a BMW dealer, if the 105Ah battery fails within two years of installation (not due to customer negligence) as evidenced by a prior invoice for replacement of the battery.
For a vehicle with a 90Ah battery that cannot accommodate the 105Ah battery, BMW will provide a current owner or lessee with 90Ah replacement batteries at a BMW dealer if any such battery fails within two years of installation (not due to customer negligence) as evidenced by a prior invoice for replacement of the battery.
And BMW says it will not guarantee any repairs performed at third-party (non-BMW) repair shops.
New Vehicle Credit Voucher
Affected customers will also receive a voucher good for $1,500 towards the purchase or lease of a new BMW 6 or 7 Series vehicle or $1,000 towards the purchase or lease of any other new BMW vehicle. The voucher will be transferable to immediate family members and will be valid for one year from the date of the settlement.
Attorneys for the plaintiffs have requested more than $3 million in fees and expenses.
Affected BMW customers may call 877-832-4402 or visit BangClassSettlement.com.
