BMWNA F30 N20/N26 timing chain class action lawsuit settlement 2/3/2020 - Page 2 - Bimmerfest - BMW Forums



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  #26  
Old 01-17-2020, 11:41 AM
namelessman namelessman is offline
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Originally Posted by 12K View Post
It was the timing chain. I actually had a 'Drivetrain Malfunction' light come on in mid Feb 2019. I took my car into the dealership to check it, and also address a few complaints that happened to be in line with TC symptoms....shaking, loss of power when accelerating, etc. The dealership checked the codes, changed the oil, replaced a cylinder, then released it as good to go.

In late April, the same light came on and the car died....in 5pm traffic. I've read others who had serious collisions, but mine just stopped. The estimate was $12,500 to replace the engine. I had a service agreement dispute, so the car was there for months as I tried to fight that cause, but ultimately lost. It wasn't until October that I learned of the ELW. I had a conversation with the service mgr, who told that he'd submitted the claim to BMWNA in April, but it was denied. It was at 74k miles, so he told me that he appealed it, but BMWNA denied it again because I was over the mileage once when brought in for oil change.

BMWNA had nothing in their notes about the oil change, but they wouldn't budge on the 4k overage on miles. I called back several times just to try different Cust Relations Reps, requesting a Goodwill Repair, but still no luck. There are Regional Account Reps that work with the dealerships and have to authority to grant these requests, but you have to go through the dealer, so it's a circle of BS.

I've spent an obnoxious amount of time collecting info, so I can tell you that there are a tremendous amount of folks in our situation. The dealership sent a letter last month letting me know that, if I didn't pick up my car, it would be sold in Feb, as well as a storage bill for $2500. I'd been surprised they hadn't asked me to get it yet, but this being the first I'd heard about it was what pushed me to my attorney's office.

It may be that, if there are enough complaints, the NHTSA can force a recall, but not sure. Carcomplaints.com has a good bit of info, but this link was interesting to me. One of the complaints happened to be with my local dealer.

https://www.carcomplaints.com/BMW/52...e/engine.shtml
Thanks for sharing your experience, hopefully things will work out in your favor.

So what cylinder was replaced in Feb 2019? If that repair costs further damage then dealer should take care of it.

Also, in Feb 2019, was there high pitch whining sound from your N20/N26?
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  #27  
Old 01-17-2020, 11:46 AM
namelessman namelessman is offline
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Originally Posted by PK2348 View Post
That would be a surrender, not a settlement.
Using the Mini TC settlement as a template, a recall is not likely, but benefits to those affected were granted:

"Skeen and Freeman allege that while the Mini Cooper timing chains are meant to last about 10 years or 120,000 miles, they encountered problems with their engines far sooner than expected.

According to the terms of the settlement, the reimbursement amounts for each class member will see BMW paying for out-of-pocket expenses incurred prior to the settlement, including full costs incurred at authorized Mini dealers and up to $120 for timing-chain tensioners and $850 for timing chains repaired or replaced at independent service centers.

Class members will be entitled to up to $4,500 in out-of-pocket expenses incurred before the settlement to repair or replace an engine due to the problems addressed in the lawsuit, according to the opinion, and those who had to sell their vehicles at a loss before the settlement will get up to $2,250. Compensation amounts are subject to changes because of mileage discounts and other limitations, the opinion states. The final amount of the settlement will depend on the number and nature of claims submitted by the Class.

Additionally, class members will receive a warranty extension for the timing-chain tensioner and timing chain for seven years or 100,000 miles from the date when the vehicle was first placed into service, whichever comes first.

The case is Joshua Skeen et al. v. BMW of North America LLC, case number 2:13-cv-01531, in the U.S. District Court for the District of New Jersey."


https://www.bigclassaction.com/settl...nt-reached.php
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  #28  
Old 01-17-2020, 12:56 PM
PK2348 PK2348 is online now
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Quote:
Originally Posted by namelessman View Post
Using the Mini TC settlement as a template, a recall is not likely, but benefits to those affected were granted:

"Skeen and Freeman allege that while the Mini Cooper timing chains are meant to last about 10 years or 120,000 miles, they encountered problems with their engines far sooner than expected.

According to the terms of the settlement, the reimbursement amounts for each class member will see BMW paying for out-of-pocket expenses incurred prior to the settlement, including full costs incurred at authorized Mini dealers and up to $120 for timing-chain tensioners and $850 for timing chains repaired or replaced at independent service centers.

Class members will be entitled to up to $4,500 in out-of-pocket expenses incurred before the settlement to repair or replace an engine due to the problems addressed in the lawsuit, according to the opinion, and those who had to sell their vehicles at a loss before the settlement will get up to $2,250. Compensation amounts are subject to changes because of mileage discounts and other limitations, the opinion states. The final amount of the settlement will depend on the number and nature of claims submitted by the Class.

Additionally, class members will receive a warranty extension for the timing-chain tensioner and timing chain for seven years or 100,000 miles from the date when the vehicle was first placed into service, whichever comes first.

The case is Joshua Skeen et al. v. BMW of North America LLC, case number 2:13-cv-01531, in the U.S. District Court for the District of New Jersey."


https://www.bigclassaction.com/settl...nt-reached.php
i am glad we agree
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  #29  
Old 01-17-2020, 01:24 PM
namelessman namelessman is offline
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Originally Posted by PK2348 View Post
i am glad we agree
Or voluntary recall is unlikely based on Mini template, but it also depends on outcome of mediation.
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  #30  
Old 01-21-2020, 01:32 PM
N20Problem N20Problem is offline
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My wife was driving my 2012 528i xdrive on the highway (on Sunday night 1/12/2020) when suddenly the car drastically slowed, the engine malfunction light came on -- followed by the engine oil pressure warning. She was almost sideswiped by a passing vehicle but managed to get it just barely off the road. She is lucky to be alive. It really scared her.

The car has 73K miles on it and I am now communicating with the dealership. They confirmed that the timing chain was the cause of the failure. They are aware of the class action lawsuit and are inquiring with BMW to determine if I have any recourse -- since I am past the 7 year / 70,000 warranty period. I am completely disheartened.

I am also baffled that BMW allows these unsafe cars to still be on the road.

Please keep me posted on how the class action suit proceeds. Thanks.
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  #31  
Old 01-21-2020, 01:32 PM
N20Problem N20Problem is offline
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Please keep me posted on how the class action suit proceeds. Thanks.

Last edited by N20Problem; 01-21-2020 at 01:33 PM. Reason: duplicate
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  #32  
Old 01-21-2020, 01:42 PM
N20Problem N20Problem is offline
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Is it legal to mail (or email) the judge presiding over this case?

The Honorable Cathy L. Waldor
United States Magistrate Judge for the District of New Jersey
MARTIN LUTHER KING JR. COURTHOUSE
50 WALNUT ST. ROOM 4040,
COURTROOM 4C NEWARK, NJ 07101
p. 973-776-7862
f. 973-776-7865
[email protected]
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  #33  
Old 01-21-2020, 06:07 PM
namelessman namelessman is offline
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Originally Posted by N20Problem View Post
Please keep me posted on how the class action suit proceeds. Thanks.
sjbender in the other forum is the most active to provide updated info about the case(e.g. post#289 and #290), apparently the settlement hearing now is postponed to 2/14:

https://f30.bimmerpost.com/forums/sh...614899&page=14

Last edited by namelessman; 01-21-2020 at 06:11 PM.
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  #34  
Old 01-21-2020, 07:39 PM
12K 12K is offline
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Your fortunate she is ok....please let us know if your dealer helps out, because mine didn't at 74k. It's a Goodwill repair and is between the dealer and the BMW regional account team.

In getting all together for attorney today, I listened to my last phone call with the Service Manager about mine. He mentioned their regional acct team as go to's, but at that point it was over my head. That was when I learned of the 70k extended. He first mentioned that one of the other parts, maybe the fuel line injector or pump...can't remember what they are, but he told me they were 10 yrs - 100k miles.

I let him know that was great, finally a break. But, he followed with the t chain being the 7 yr - 70k. So they properly extended the other 2 items out, while cutting the high dollar with most damage part to 7-70.

Concerning complaints to the judge, my thoughts are that it wouldn't be admissible, just as letters from BMW employees or supporters wouldn't be. I did read somewhere that the NHTSA could be driven to call for the recall.

I'll post any progress with my case. I've been told that dealers rarely win when in court against a customer with any him of being taken advantage of....it would be best to file against them personally if looks good, then potentially get bonus'd from the CA lawsuit.
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  #35  
Old 01-21-2020, 08:35 PM
namelessman namelessman is offline
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Originally Posted by 12K View Post
Concerning complaints to the judge, my thoughts are that it wouldn't be admissible, just as letters from BMW employees or supporters wouldn't be. I did read somewhere that the NHTSA could be driven to call for the recall.
Yes ex-parte(one sided without participation from all parties) communication with presiding judge usually is banned, maybe the prudent way is to communicate with lead attorney of class action lawsuit.

Is there a link to any reference related to NHTSA getting involved in N20/N26 TC issue?
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  #36  
Old 01-22-2020, 09:35 AM
12K 12K is offline
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I haven't run across anything reflecting their involvement with this issue, just that enough complaints would possibly trigger it. Their Office of Defects Investigations manages.

I've communicated with the lead attorney, but aside from the below, it was all advice related to the basics.....keeping good records, etc. I asked him if it was moving at a pace to close out in months or years, which is what he was responding to below:


Hard to say. We have ongoing discussions with the company. If that ends up being successful, then it is months. If not, then we continue the litigation and it could be more like a year or more than that.

_________________________________
GARY S. GRAIFMAN
Kantrowitz Goldhamer & Graifman, P.C.
747 Chestnut Ridge Road
Chestnut Ridge, New York 10977
Tel: (845) 356-2570
Fax: (845) 356-4335
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  #37  
Old 01-22-2020, 11:10 AM
12K 12K is offline
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I just read through these posts again and noticed the post from PK2348 on 1-17 concerning the Mini Cooper. I've come across articles on this one, which listed the 2012 528 as a covered engine. Nevertheless, the class action would seem to serve as a clear benchmark for the current case per the following:

'class members will receive a warranty extension for the timing-chain tensioner and timing chain for seven years or 100,000 miles from the date when the vehicle was first placed into service, whichever comes first.'

7 years or 100,000 miles for the timing chain.
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  #38  
Old 01-22-2020, 11:24 AM
namelessman namelessman is offline
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Originally Posted by 12K View Post
I just read through these posts again and noticed the post from PK2348 on 1-17 concerning the Mini Cooper. I've come across articles on this one, which listed the 2012 528 as a covered engine. Nevertheless, the class action would seem to serve as a clear benchmark for the current case per the following:

'class members will receive a warranty extension for the timing-chain tensioner and timing chain for seven years or 100,000 miles from the date when the vehicle was first placed into service, whichever comes first.'

7 years or 100,000 miles for the timing chain.
The MINI case is likely why BMWNA offers 7 years/70000 miles TC coverage.

The N20//N26 class action plaintiffs ask for 10 years/150000 miles.

My thinking is 15 years/150000 miles would be ideal.
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  #39  
Old 01-22-2020, 02:19 PM
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Dave 20T Dave 20T is offline
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Originally Posted by N20Problem View Post
Is it legal to mail (or email) the judge presiding over this case?

The Honorable Cathy L. Waldor
United States Magistrate Judge for the District of New Jersey
MARTIN LUTHER KING JR. COURTHOUSE
50 WALNUT ST. ROOM 4040,
COURTROOM 4C NEWARK, NJ 07101
p. 973-776-7862
f. 973-776-7865
[email protected]
It's not illegal in that you won't be fined or put in prison, however, the judge will likely ignore such letter. One problem is that not all attorneys in the case would have received the letter raising a question of fairness. The other problem is that the judge is supposed to be neutral and all things are handled by the clerk of the court.

I believe one can file an amicus brief with the clerk though usually this is done mostly for the appeals court, not at the district court level.
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  #40  
Old 01-22-2020, 02:22 PM
imtjm imtjm is offline
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I believe the folks are asking 15/150k, not 10/150k. And what is the basis for 15/150k anyway? it's a made up number. I also don't get the whole argument of modeling any potential settlement on the Mini settlement, since the facts are different and the Mini settlement actually place some very stringent requirements for owners to meet for eligibility, not to mention the prororated amounts being offered.
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  #41  
Old 01-22-2020, 02:53 PM
namelessman namelessman is offline
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Originally Posted by imtjm View Post
I believe the folks are asking 15/150k, not 10/150k. And what is the basis for 15/150k anyway? it's a made up number. I also don't get the whole argument of modeling any potential settlement on the Mini settlement, since the facts are different and the Mini settlement actually place some very stringent requirements for owners to meet for eligibility, not to mention the prororated amounts being offered.
Check out this PDF from sjbender, this is the original text of the class action lawsuit:

http://www.sjbender.com/BMW.pdf

"The proposed class representatives and proposed class members had an independent legitimate consumer expectation that the class vehicles would last well in excess of 10 years and 150,00 0miles before requiring any major engine repairs based on industry standards, the defendant's publications and other publications, competitor products, consumer product magazines, prior vehicle ownership and reputation of the defendants for manufacturing durable quality vehicles. There were no statements made by the defendants or their agents that contradicted or led consumers to lower their legitimate expectations at the time of purchase."
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  #42  
Old 01-24-2020, 12:48 PM
imtjm imtjm is offline
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Originally Posted by namelessman View Post
Check out this PDF from sjbender, this is the original text of the class action lawsuit:

http://www.sjbender.com/BMW.pdf

"The proposed class representatives and proposed class members had an independent legitimate consumer expectation that the class vehicles would last well in excess of 10 years and 150,00 0miles before requiring any major engine repairs based on industry standards, the defendant's publications and other publications, competitor products, consumer product magazines, prior vehicle ownership and reputation of the defendants for manufacturing durable quality vehicles. There were no statements made by the defendants or their agents that contradicted or led consumers to lower their legitimate expectations at the time of purchase."
again, basing lifetime on blank pages is rather weak. I also think the main plaintiffs' cases are weak. they should base on cars which were actually under original warranty, etc. But that's me. We'll see. Again, I wouldn't pin hopes on the Mini settlement, as that was actually not very as owner friendly as people think it was.
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  #43  
Old 01-24-2020, 04:09 PM
namelessman namelessman is offline
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Originally Posted by imtjm View Post
again, basing lifetime on blank pages is rather weak. I also think the main plaintiffs' cases are weak. they should base on cars which were actually under original warranty, etc. But that's me. We'll see. Again, I wouldn't pin hopes on the Mini settlement, as that was actually not very as owner friendly as people think it was.
My comment in post#27 of "Using Mini as a template" refers to the fact that BMWNA did not offer a recall, nor 10-15 years/150000 miles, for that case.

As far as 15 years/150000 miles lifetime for N26 TC, that is based on BMWNA's official PZEV parts list for MY2016 N26.

That coverage is much much stronger than blank pages, and the plaintiffs should make good use of that fact.
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  #44  
Old 01-24-2020, 06:22 PM
namelessman namelessman is offline
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Originally Posted by imtjm View Post
again, basing lifetime on blank pages is rather weak. I also think the main plaintiffs' cases are weak. they should base on cars which were actually under original warranty, etc. But that's me. We'll see. Again, I wouldn't pin hopes on the Mini settlement, as that was actually not very as owner friendly as people think it was.
My comment in post#27 of "Using Mini as a template" refers to the fact that BMWNA did not offer a recall, nor 10-15 years/150000 miles, for that case.

As far as 15 years/150000 miles lifetime for N26 TC, that is based on BMWNA's official PZEV parts list for MY2016 N26.

That coverage is much much stronger than blank pages, and the plaintiffs should make good use of that fact.
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  #45  
Old 01-30-2020, 12:42 AM
ubviswanath ubviswanath is offline
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I have had the issue pertaining to the lawsuit related to the N20 engines of 2012 BMW 528i.
I am in correspondence with BMW North America and it appears the representatives seem to have no regards to safety of the vehicle or the customer. When I read some of the users comments here on how they narrowly missed a serious accident, it feels like the case should be tried in a criminal court as attempt to manslaughter.

In spite of they knowing the repeated issues with the N20/N26 engines, they tend to dissuade the topic by stating the NHTSA bulletin is only for N63 engines and they extended the warranty for N20 engine for upto 7y/70k. I was neither made aware of the extension, nor it shows on MyGarage page on www.bmwusa.com

I wish to be part of your lawsuit and I have read about several customers having this issue and also while talking to the service managers who verbally acknowledge it is a known issue among the 2012 BMWs. I was also told that I am lucky that the chain did not snap and cause a total engine failure and so must be happy that it is only a $5000 fix.

I have registered a complaint of the incident that led me to get my car fixed at www.NHTSA.gov. I spoke to a representative who said more people registering a complaint will soon prompt them to force a recall or modify and update the existing investigation on the N20/N26 whining noise from lower engine. I felt assured the way the representative from NHTSA spoke to me that they are there to look out for us.
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  #46  
Old 01-30-2020, 10:40 AM
namelessman namelessman is offline
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Originally Posted by ubviswanath View Post
I have had the issue pertaining to the lawsuit related to the N20 engines of 2012 BMW 528i.
I am in correspondence with BMW North America and it appears the representatives seem to have no regards to safety of the vehicle or the customer. When I read some of the users comments here on how they narrowly missed a serious accident, it feels like the case should be tried in a criminal court as attempt to manslaughter.

In spite of they knowing the repeated issues with the N20/N26 engines, they tend to dissuade the topic by stating the NHTSA bulletin is only for N63 engines and they extended the warranty for N20 engine for upto 7y/70k. I was neither made aware of the extension, nor it shows on MyGarage page on www.bmwusa.com

I wish to be part of your lawsuit and I have read about several customers having this issue and also while talking to the service managers who verbally acknowledge it is a known issue among the 2012 BMWs. I was also told that I am lucky that the chain did not snap and cause a total engine failure and so must be happy that it is only a $5000 fix.

I have registered a complaint of the incident that led me to get my car fixed at www.NHTSA.gov. I spoke to a representative who said more people registering a complaint will soon prompt them to force a recall or modify and update the existing investigation on the N20/N26 whining noise from lower engine. I felt assured the way the representative from NHTSA spoke to me that they are there to look out for us.
Registering a complaint with nhtsa.gov does make sense, TC is an integral part of safe operation of the car.

There was a letter sent to me(original owner) in early 2018 about the ELW on N20/N26 TC, it is possible if car is sold/transferred, BMWNA may not have the info of the current owners of the car to send these ELW info to.

The first settlement conference of the class action will take place 2/13, so in a couple of weeks we will know if BMWNA is willing to own this issue or not.
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  #47  
Old 01-31-2020, 08:59 AM
imtjm imtjm is offline
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Originally Posted by namelessman View Post
My comment in post#27 of "Using Mini as a template" refers to the fact that BMWNA did not offer a recall, nor 10-15 years/150000 miles, for that case.

As far as 15 years/150000 miles lifetime for N26 TC, that is based on BMWNA's official PZEV parts list for MY2016 N26.

That coverage is much much stronger than blank pages, and the plaintiffs should make good use of that fact.
again, it's made up numbers. actually, no on the coverage or i think you mean argument. coverage for mini settlement wasn't much and required extensive proof. the argument of the current lawsuit is based on blank pages. BMW service manual has pages up to x years/miles, which is the logic the lawyers are using as indicating BMW believes the car should last at least that long.
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  #48  
Old 01-31-2020, 10:16 AM
namelessman namelessman is offline
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actually, no on the coverage or i think you mean argument.
The 15 years/150000 miles PZEV warranty on MY16 N26 timing chain is in black and white, so there is no argument from dealer to fix N26 timing chain(for that MY) even if there is no CEL.

So really BMWNA should extend N26 TC warranty to all MY's regardless of how class action goes.

This can save BMWNA lots of money, as this group of N26 is already covered if CEL fires up(and TC failure will likely trigger CEL), so BMWNA can choose to pay for a relatively cheap TC job at dealer instead of risking the cost of an engine replacement.

Last edited by namelessman; 01-31-2020 at 10:41 AM.
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  #49  
Old 02-03-2020, 10:38 AM
N20Problem N20Problem is offline
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My wife was driving my 2012 528i xdrive on the highway (on Sunday night 1/12/2020) when suddenly the car drastically slowed, the engine malfunction light came on -- followed by the engine oil pressure warning. She was almost sideswiped by a passing vehicle but managed to get it just barely off the road. She is lucky to be alive. It really scared her.

The car has 73K miles on it and I am now communicating with the dealership. They confirmed that the timing chain was the cause of the failure. They are aware of the class action lawsuit and are inquiring with BMW to determine if I have any recourse -- since I am past the 7 year / 70,000 warranty period. I am completely disheartened.

I am also baffled that BMW allows these unsafe cars to still be on the road.

Please keep me posted on how the class action suit proceeds. Thanks.
NEW UPDATE:

BMW NA worked with my dealer to replace my blown motor with a brand new one for FREE! No labor charges either. I now have a 2012 528i Xdrive with 73K miles likely worth a total of $12K -- with a new $20K motor.

Note: Prior to informing me that they would replace it, BMW requested ALL of my service history on the car to make sure the oil had been replaced in compliance with the manufacture's suggested oil change schedule. I had all of those, thank God!
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  #50  
Old 02-03-2020, 11:09 AM
namelessman namelessman is offline
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NEW UPDATE:

BMW NA worked with my dealer to replace my blown motor with a brand new one for FREE! No labor charges either. I now have a 2012 528i Xdrive with 73K miles likely worth a total of $12K -- with a new $20K motor.

Note: Prior to informing me that they would replace it, BMW requested ALL of my service history on the car to make sure the oil had been replaced in compliance with the manufacture's suggested oil change schedule. I had all of those, thank God!
Glad to hear a success story.

My car is 2-yr/15k OCI, but it has been doing mid-cycle oil [email protected] since out of free maintenance, hopefully this will help my cause in the future.

Did CA say it is a refurbished engine from BMW, or a brand new one?
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