— A BMW timing chain lawsuit settlement is final after a federal judge found the agreement fair, reasonable and adequate.
The automaker was sued by owners who claim the primary timing chain assemblies have defects that cause the chains to skip on the sprockets, causing failures of the crankshafts and camshafts to function properly.
The BMW timing chain lawsuit settlement says the pistons and valves can bang into each other which can cause the engines to stall or completely fail.
According to the BMW class action, owners are faced with repairs that can cost thousands of dollars to replace the engines and timing chain components.
The timing chain lawsuit describes the involved components.
Main timing chain assembly: Includes the hydraulic chain tensioner, tensioning rails, camshaft and crankshaft sprockets and the chain rails.
Secondary timing chain assembly: Includes the crankshaft and counterbalance shaft sprockets, oil pump drive chain, pump drive sprocket, chain tensioner and integrated guide and tensioner rails.
Vehicles included in the BMW timing chain lawsuit settlement are equipped with N20 and N26 direct injection turbocharged engines.
- 2012-2015 BMW X1
- 2013-2015 BMW X3
- 2015 BMW Z4
- 2012-2015 BMW X4
- 2014-2015 BMW 228i
- 2012-2015 BMW 320i
- 2012-2015 BMW 328i
- 2014-2015 BMW 428i
- 2012-2015 BMW 528i
BMW denies all the allegations in the class action and says it stands behind its products.
BMW Timing Chain Lawsuit Settlement Agreement (Final)
For a customer who submits a valid claim showing they paid for the diagnosis, repair and/or replacement of a failed timing chain module and/or failed oil pump drive chain module and the failure occurred within 7 years of the in-service date and 70,000 miles:
That customer will receive reimbursement of 100% of the invoice amount for work performed at an authorized BMW dealership, and also for work performed at an independent service center (ISC).
Reimbursement is subject to a monetary cap for repairs done at an ISC of up to $3,000 for the timing chain module/oil pump drive chain module, and a monetary cap up to $7,500 for engine failure directly related to timing chain failure.
The BMW timing chain lawsuit settlement further says valid claims for BMW vehicles with prior repairs done after 7 years of the in-service date or 70,000 miles (whichever occurs first), but before 8 years of the in-service date or 100,000 miles, if the work is performed at either a BMW dealer or ISC the work will be reimbursed according to the following terms.
- 70,001 to 80,000 miles and within 7 to 8 years in service: BMW pays 75% / Customer pays 25%
- 80,001 to 90,000 miles and less than 8 years in service: BMW pays 55% / Customer pays 45%
- 90,001 to 100,000 miles and less than 8 years in service: BMW pays 40% / Customer pays 60%
- 100,001 miles and above or or more than 8 years in service: Customer pays 100%
The above terms are subject to same reimbursement monetary caps mentioned above.
BMW Timing Chain Lawsuit Settlement (Extended Warranty)
The settlement also says there is an "extended warranty" program for repair or replacement of the defective parts (timing chain module, oil pump drive chain module and engine if damaged by chain failure) in vehicles up to 8 years or 100,000 miles.
However, a customer will still have to pay something for repairs because the extended warranty is based on these terms.
- 70,001 to 80,000 miles and within 7 to 8 years in service: BMW pays 75% / Customer pays 25%
- 80,001 to 90,000 miles and less than 8 years in service: BMW pays 55% / Customer pays 45%
- 90,001 to 100,000 miles and less than 8 years in service: BMW pays 40% / Customer pays 60%
Finally, for one year from the effective date of the BMW timing chain lawsuit settlement, any affected vehicle with less than 100,000 miles that experiences timing chain module failure, oil pump drive chain module failure or engine damage due to timing chain module or oil pump drive chain module failure may go to a BMW dealer for repairs.
However, the same monetary percentage terms above apply, meaning customers will have to partially pay for repairs.
According to the final BMW timing chain settlement documents, 44 customers objected to the settlement and 141 customers requested to be excluded from the settlement. The majority of objections relate to the extended warranty time duration and the 100,000 mileage limitation.
Judge Cathy L. Waldor found the objections lacked merit and gave the BMW timing chain settlement her final approval.
Attorneys for BMW customers have requested up to $3.7 million for fees and expenses.
The BMW timing chain lawsuit settlement was finalized in the U.S. District Court for the District of New Jersey: Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft, et al.
The plaintiffs are represented by Kantrowitz, Goldhamer & Graifman, P.C., Law Offices of Thomas P. Sobran, and Nagel Rice, LLP.
