— A BMW water pump lawsuit settlement has been reached between vehicle owners and BMW in a class action that alleges the coolant pumps are defective and cause sudden engine failures in these vehicles.
- 2008-2013 BMW 135i
- 2007-2013 BMW 335i, 335i xDrive, 335is Convertible
- 2008-2016 BMW 535i, 535i xDrive, 535i Active Hybrid
- 2012-2017 BMW 640i, 640i xDrive
- 2010-2015 BMW 740i, 740Li
- 2012-2015 BMW X1 3.0si
- 2011-2017 BMW X3 xDrive
- 2015-2018 BMW X4 xDrive, X4 M40i
- 2007-2013 BMW X5 3.0si, X5 xDrive30i , X5 xDrive
- 2008-2019 BMW X6 sDrive, X6 xDrive
- 2009-2016 BMW Z4 sDrive
BMW denies there are defects in the vehicles and denies all allegations in the class action. But the automaker says it will settle because of the high cost and time required for continued litigation.
BMW Water Pump Lawsuit Settlement: Reimbursements
According to the proposed agreement, any BMW customer who spent money to replace one failed BMW original equipment manufacturer (OEM) coolant pump and if also damaged, one BMW OEM thermostat may be eligible for reimbursement. The reimbursement applies to one vehicle per owner/lessee during the earlier of the first 7 years or 84,000 miles in service.
However, there are conditions to meet.
A customer must provide proof by submitting the following documentation.
- A repair order from an authorized BMW dealership or independent repair facility licensed to perform such repairs that identifies a vehicle and VIN, the part number(s) used, and the cost of the repair, with parts and labor separated.
- Documentation that identifies the owner/lessee of the BMW vehicle (a copy of a vehicle title, registration or license receipt) at the time of the repair; proof, in the form of a canceled check, credit card receipt, credit card statement, or receipt from the repairing shop, demonstrating the customer paid for the “amount(s) sought for reimbursement; (e) the mileage of the Settlement Class Vehicle at the time of repair; (f) the nature of the repair and the part(s) used in the repair; and (g) the date of repair."
BMW does not warrant or guarantee any repairs performed at third-party repair shops or using non-OEM parts.
The BMW water pump lawsuit settlement also has several exclusions from reimbursements based on what caused the coolant pump to fail.
BMW will not reimburse:
- Costs for damage resulting from negligence; improper maintenance or repairs; wear and tear or deterioration due to driving habits or conditions; improper repair, environmental influences, flood, accident, or fire damage; road-salt corrosion; alteration; installation of non-genuine OEM parts or accessories; or use of improper, poor quality or contaminated fuel.
- Costs for vehicles with failed salvaged parts, including where a salvaged part has been used as replacement.
- Costs incurred for vehicles for which the VIN has been altered or cannot be read.
- Costs incurred to replace parts after a vehicle has been declared a total loss, sold for salvage purposes or branded with a salvage title, for reasons unrelated to electric engine coolant pump failure.
- Costs incurred for vehicles that have been used in any racing event.
- Costs incurred for vehicles with a failed aftermarket (non-BMW) electric coolant pump.
- Costs incurred for vehicles whose true mileage is unknown.
- Costs for vehicles shipped outside the U.S.
- Costs for vehicles registered/titled outside the U.S.
BMW Water Pump Lawsuit Settlement: Warranty Extension
On the effective date of the lawsuit settlement, the limited warranty period for the water pump will be extended from 4 years/50,000 miles to 7 years/84,000 miles, whichever comes first.
BMW does not warrant any non-OEM or used replacement parts, nor does BMW warrant repairs performed at third-party (non-BMW authorized) repair shops.
Attorneys for vehicle owners are expected to receive $900,000.
The BMW water pump lawsuit final approval hearing is scheduled for February 18, 2021.
The BMW water pump lawsuit was filed in the U.S. District Court for the District of New Jersey: Oliver, et al v. Bayerische Motoren Werke Aktiengesellschaft, et al.
The plaintiffs are represented by Kantrowitz Goldhamer & Graifman, P.C., and Thomas P. Sobran, Esq.
