— A BMW engine lawsuit settlement has received preliminary approval after nine owners alleged their BMW vehicles consumed excessive amounts of oil.
The BMW engine lawsuit is basically a repeat of a case titled Bang v. BMW, but this latest settlement includes newer model years.
- 2013-2019 BMW 650i
- 2013-2015 BMW 750i
- 2013-2015 BMW 750Li
- 2013-2017 BMW 550i
- 2014-2016 BMW 550i GT
- 2014-2018 BMW X5
- 2015-2019 BMW X6
The BMW engine lawsuit was filed by plaintiffs Thomas Isley, Jeffery Quinn, Vipul Khanna, Walington Urena, Daniel Gulick, Michael Henchy Jr., Angela Bovenzi, Jonathan Yehuda and Paul Hoffner.
The vehicles are equipped with N63TU engines with hot-vee configurations that allegedly cause excessive heat-soak to the engines and components. This allegedly causes the engines to consume large amounts of oil, damaging the engines and components.
BMW Engine Lawsuit Settlement Agreement
BMW customers will receive two free quarts of oil for top-offs between oil changes for each future oil change at a BMW dealer for the earlier of 10 years or 120,000 miles from the in-service date, but in no event less than one year from the effective date of the settlement.
Customers may also receive up to three free oil consumption tests during the first 10 years or 120,000 miles of the in-service date of the vehicles.
According to the BMW engine lawsuit, all variants of N63TU engines are defective and consume too much oil. However, part of the settlement includes possibly replacing the N63TU engines.
On the effective date of the engine lawsuit settlement and after one failed oil consumption test, BMW may make one repair attempt or offer the customer an engine replacement. And if a vehicle is repaired and has a second oil consumption test failure, the customer will be offered an engine replacement.
No BMW customer will be required to pay anything if the vehicle is still covered by its warranty. However, considering the age of many of the vehicles, many vehicles are no longer covered by their original warranties.
This means a customer may have to pay some of the costs based on this percentage schedule.
— Odometer mileage at time of failed oil consumption test resulting in engine replacement.
- Below 50,000 — Customer Pays 0%
- 50,001 to 60,000 — Customer Pays 5%
- 60,001 to 70,000 — Customer Pays 15%
- 70,001 to 80,000 — Customer Pays 27%
- 80,001 to 90,000 — Customer Pays 42%
- 90,001 to 100,000 — Customer Pays 55%
- 100,001 to 105,000 — Customer Pays 65%
- 105,001 to 110,000 — Customer Pays 70%
- 110,001 to 115,000 — Customer Pays 75%
- 115,001 to 120,000 — Customer Pays 85%
- 120,001 to Above — Customer Pays 100%
BMW Engine Lawsuit Reimbursement Program
Customers of the BMW engine lawsuit will be eligible for reimbursement for the cost of up to four oil changes (not to exceed $95 each) with receipts or other proof so long as the oil change took place within 12 months of the previous oil change.
BMW customers will also be eligible for reimbursement of oil top offs, including $10 per quart with receipts for a limit of 9 quarts per customer. However, the customer must prove they purchased their vehicle within the earlier of 10 years or 120,000 miles from the in-service date and must show proof of a prior oil consumption complaint to BMW.
Furthermore, BMW engine lawsuit customers will be entitled to reimbursement in the aggregate of up to $900 for a failed oil consumption test and subsequent repairs at BMW dealers upon proof of the amounts that were paid by customers prior to the effective date of the engine lawsuit settlement.
Affected BMW customers may also file claims for a $1,500 credit applicable for the purchase or lease of a BMW 6 Series, 7 Series, X5, X6 or X7.
For other models a customer may apply for a $1,000 credit, but the credits will be valid for only one year from the effective date of the BMW settlement.
Attorneys for BMW owners are seeking $1.9 million for fees and expenses, and each of the nine plaintiffs will receive $3,000.
The engine lawsuit was filed in the U.S. District Court for the District of New Jersey - Isley, et al., v. BMW of North America, LLC, et al.
The plaintiff is represented by Bursor & Fisher.
