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  #1  
Old 07-16-2018, 09:43 PM
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BANG v. BMW of North America Lawsuit

I recently received letter from what appears to be a national settlement that was reached in a class action lawsuit against BMW for all 2009-2014 models with the "N63" engine. It states that all past oil, battery, towing, rental expenses etc..and future free benefits such as oil services and changes, battery and certain vehicle maintenance services via vouchers are part of this settlement.

I'm still reading over the entire legal materials and documents, but wanted to engage the conversation and see if anyone has heard of this settlement and what are you thoughts?

More information provided here about this lawsuit: https://bangclasssettlement.com/Home/portalid/0
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Old 07-19-2018, 01:12 PM
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my wife tells me that something came today in the mail... class action Bang-v- BWM. I'll have to blast through it tomorrow
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Old 07-19-2018, 01:59 PM
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Lawsuit

Read through some of the papers today. You do need receipts to participate. Is there a way for bmw to send a history of vehicle maintenance to owners so we don't have to copy receipts?
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Old 07-20-2018, 07:00 AM
n8s 330xi n8s 330xi is offline
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Does "future free benefits" mean I can get free oil changes now?

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Old 07-22-2018, 10:17 AM
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The paperwork that I received says nothing about future services so it seems the link you provided appears to be misleading to get more participants. Second, I guess the law firm representing the class doesn't realize the cost of an oil service for an N63 since they offer $75/service on up to 3 services. Third, woo hoo! they'll pay for a battery that is still being parasitically drained.

In sum total, my reaction from reading what was offered is I would be slightly less perturbed than livid if I had oil consumption and battery issues and this was the offer to make me whole. So my decision is I am opting out.
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Old 07-22-2018, 10:30 AM
Joe.T Joe.T is offline
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Quote:
Originally Posted by daders View Post
The paperwork that I received says nothing about future services so it seems the link you provided appears to be misleading to get more participants. Second, I guess the law firm representing the class doesn't realize the cost of an oil service for an N63 since they offer $75/service on up to 3 services. Third, woo hoo! they'll pay for a battery that is still being parasitically drained.

In sum total, my reaction from reading what was offered is I would be slightly less perturbed than livid if I had oil consumption and battery issues and this was the offer to make me whole. So my decision is I am opting out.

I came to type the same thing...
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Old 07-25-2018, 05:23 AM
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We, fortunately, do not have the oil consumption issue. If it arises I want the opportunity to have someone that I choose to represent me and deal with BMW one on one regarding my situation.
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Old 07-29-2018, 07:41 AM
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Ok, I need to update my original post as it was incorrect about the future settlement awards on offer.

A. There is more on offer than my first reading, however the value seems to be something someone could have negotiated with BMW on their own, IMO.
1. They bring attention to the CCP (which is good for new 2nd/3rd owners who may be unaware), but this is not something they negotiated on behalf of their class
2. It appears BMW gets two additional chances to resolve oil consumption following proof via oil consumption tests else a new engine is offered (% subsidized based on mileage, up to 120k miles or before 10 yrs from in service date).

This brings value to someone who has the oil consumption issue on a vehicle with less than 50k miles on odometer and doesn't want to deal with the hassles on their own. Another consideration is for people, like ourselves, who have a vehicle which is already in service 8 yrs...not many of those who have had an oil consumption issue from the beginning will have low enough mileage that would replace an engine vs purchasing a newer vehicle...it's a false offering, IMO.

This really is a crappy situation because I can see BMW's point that owners had use out of the vehicle and shouldn't be on the hook for the full price of replacement...however any owner who has documented under warranty oil consumption complaints and BMW delayed and/or negated the oil consumption claim ought to be fully taken care of by BMW and that is my main contention with agreeing to this suit that pays lawyers $3M.

Oh, I forgot the $1500 new vehicle discount offer. Didn't BMW already offer that to owners when this was blowing up on them?

Let me put it this way. We owned an Audi that had oil consumption issues (Audi also had a class action lawsuit which I didn't opt out of and nothing changed for my situation) and I won't be buying another Audi. I understand anyone who has a BMW and says the same.
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Old 07-29-2018, 01:30 PM
Joe.T Joe.T is offline
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Quote:
Originally Posted by daders View Post
I understand anyone who has a BMW and says the same.
i will NEVER buy another BMW. I'm now over 120k miles, but started complaining about oil consumption at about 40k.

it was "normal" until it got to be about a quart every 800 miles. They replaced valve seals, it went to a quart every 2000 miles, then 1500, then 1000 and has been a quart every 1000 for about 50k miles.(I put a quart in about once a week now). BMW said it was still "within spec"

I drive my cars for about 5 years, but we buy a car every 2 years on average. There will never be another BMW.

The shame is that I love the car, the N63 engine and BMW's failure to own their mistake is my issue. I've been driving for 35 years, in the 3.5 years I've owned it, it's been on a tow truck more than all other cars my wife and I have owned combined
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Old 08-01-2018, 07:22 PM
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Quote:
Originally Posted by Joe.T View Post
i will NEVER buy another BMW. I'm now over 120k miles, but started complaining about oil consumption at about 40k.

it was "normal" until it got to be about a quart every 800 miles. They replaced valve seals, it went to a quart every 2000 miles, then 1500, then 1000 and has been a quart every 1000 for about 50k miles.(I put a quart in about once a week now). BMW said it was still "within spec"

I drive my cars for about 5 years, but we buy a car every 2 years on average. There will never be another BMW.

The shame is that I love the car, the N63 engine and BMW's failure to own their mistake is my issue. I've been driving for 35 years, in the 3.5 years I've owned it, it's been on a tow truck more than all other cars my wife and I have owned combined
I understand. I hope ours doesn't exhibit the oil consumption behavior as I have no idea what we would choose to replace this vehicle.
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Old 08-13-2018, 11:12 AM
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I was thinking about the economics portion of this lawsuit. It's sad that our vehicle, which had just north of $90k msrp, will be 9 model years old (in service 8 yrs) and we could only expect a price band of $13-14k for a trade in...I seriously hope it stays above $10k for the next 5-6 yrs because we will be killing it on the time/depreciation chart now.
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Old 09-11-2018, 07:27 PM
n8s 330xi n8s 330xi is offline
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FYI - I brought my 550 in for a leaking oil pan. They did a diagnostic and said what I already knew- not only is the pan leaking, but it's burning oil like crazy. They comped the diagnostic fee and told me to wait until sometime in late Oct or Nov because there's supposed to be some guidance from BMW NA about this. The service rep suggested it may be a full engine replacement that they will probably cover part of the cost. Hopefully we'll know then what we can do to fix this.

Also, the bill for a complete reseal of the engine was $10k.
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Old 09-12-2018, 10:44 AM
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Originally Posted by n8s 330xi View Post
FYI - I brought my 550 in for a leaking oil pan. They did a diagnostic and said what I already knew- not only is the pan leaking, but it's burning oil like crazy. They comped the diagnostic fee and told me to wait until sometime in late Oct or Nov because there's supposed to be some guidance from BMW NA about this. The service rep suggested it may be a full engine replacement that they will probably cover part of the cost. Hopefully we'll know then what we can do to fix this.

Also, the bill for a complete reseal of the engine was $10k.
Have you replaced any other seals yet? We own an Audi (still haven't sold it ) and have replaced the PCV (2X), crank case seal and head gasket. Each time oil consumption rate decreased for three to six months, then quickly increased until worse than prior to most recent repair. Consumption rate has gone from 3000mi/qt of oil starting at 39k miles (bought vehicle with odo = 36k) to 450mi/qt of oil by 95k odometer and holding steady past 10k miles. From my experience, it's not worth spending any money on a single external leaking seal/gasket as it just moves the pressure to the next weakest seal/gasket in the system...unless of course you're just looking to dump the vehicle and want to retain some resale value.

At that quote I understand why they would just say throw a brand new engine in the sucker. Recouping the labor time is probably the main advantage for BMW/dealership.
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Old 09-13-2018, 07:31 AM
n8s 330xi n8s 330xi is offline
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Originally Posted by daders View Post
Have you replaced any other seals yet? We own an Audi (still haven't sold it ) and have replaced the PCV (2X), crank case seal and head gasket. Each time oil consumption rate decreased for three to six months, then quickly increased until worse than prior to most recent repair. Consumption rate has gone from 3000mi/qt of oil starting at 39k miles (bought vehicle with odo = 36k) to 450mi/qt of oil by 95k odometer and holding steady past 10k miles. From my experience, it's not worth spending any money on a single external leaking seal/gasket as it just moves the pressure to the next weakest seal/gasket in the system...unless of course you're just looking to dump the vehicle and want to retain some resale value.

At that quote I understand why they would just say throw a brand new engine in the sucker. Recouping the labor time is probably the main advantage for BMW/dealership.
Nope. I haven't done any seals and right now I'm probably going to just keep throwing oil in (from the deal as much as possible) until there's some sort of resolution on this.
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Old 09-13-2018, 11:36 AM
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I will be throwing my hat into the lawsuit ring on this and hope something good can come out of this for all N63 engine owners, which at this rate I have nothing to lose (other than oil). I had ZERO issues with oil in my car right up until I hit 40k mileage mark right now I am just under 54k on my 2012 GT. Based on my log sheet of oil top offs, I am averaging a top off every 800 to 1,000 miles give or take. That's not normal and BMW is in complete denial and dealer has even suggested to add 2 quarts every time we get low oil message and that is perfectly normal for these V8 engines. That's just insane and this can't be right. I average roughly 12k miles a year and if I am topping off my oil say every 1K miles, that is 12 oil tops x2 quarts =24 oil top off in a single year! That's an additional $240 in oil top offs (average $10/per quart of oil) plus regular interval oil changes.

If this keeps going and nothing is resolved off the lawsuit case, I will probably be getting rid of my beloved GT and not deal with any potential money pit situations down the road.
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Last edited by kingchorizo; 09-13-2018 at 11:37 AM.
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Old 09-13-2018, 03:16 PM
n8s 330xi n8s 330xi is offline
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If this keeps going and nothing is resolved off the lawsuit case, I will probably be getting rid of my beloved GT and not deal with any potential money pit situations down the road.
+1
A friend had an all day test drive of an i3. Self parking, nearly self driving and only $21k for a 2015 extended range. Would be nice to spend less on gas than I do on oil right now.
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Old 09-13-2018, 07:02 PM
jadnashuanh jadnashuanh is offline
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I have both the GT and an i3...because most of my travel is well within the battery range of the car, my GT sits in the garage on a battery maintainer most of the time. The instant torque and small turning circle on the i3 is addictive as is the smoothness and quiet. Unless your typical use puts you near the limit on battery capacity, I'd ignore the REx version so you don't have an engine, coolant, radiator, oil, filter, exhaust to maintain...there's almost no maintenance on the battery electric system, but engines, whether used much or not, still require care. ANd, because the BEV is lighter, it's faster, too, and more efficient since it has a heat pump that the REx version does not. About the only maintenance on the BEV is the biannual brake system flush and changing the cabin air filter. Other than that, plug it in, check the tire pressure once in awhile, and keep it clean if you want it to look good. Note, the thing is made of CFRP, aluminum, and plastic, so no steel to rust in the thing.

Most dealers will let you do an extended road test...try it, you will probably like it! The $7500 federal tax credit and local rebates (and some places, access to HOV lanes) can make a big difference on buying a new one, making it cheaper than you might think.
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Old 09-14-2018, 08:26 AM
n8s 330xi n8s 330xi is offline
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Quote:
Originally Posted by jadnashuanh View Post
I have both the GT and an i3...because most of my travel is well within the battery range of the car, my GT sits in the garage on a battery maintainer most of the time. The instant torque and small turning circle on the i3 is addictive as is the smoothness and quiet. Unless your typical use puts you near the limit on battery capacity, I'd ignore the REx version so you don't have an engine, coolant, radiator, oil, filter, exhaust to maintain...there's almost no maintenance on the battery electric system, but engines, whether used much or not, still require care. ANd, because the BEV is lighter, it's faster, too, and more efficient since it has a heat pump that the REx version does not. About the only maintenance on the BEV is the biannual brake system flush and changing the cabin air filter. Other than that, plug it in, check the tire pressure once in awhile, and keep it clean if you want it to look good. Note, the thing is made of CFRP, aluminum, and plastic, so no steel to rust in the thing.

Most dealers will let you do an extended road test...try it, you will probably like it! The $7500 federal tax credit and local rebates (and some places, access to HOV lanes) can make a big difference on buying a new one, making it cheaper than you might think.
Good to know- I may give it a shot after riding around in my friend's. How does it do in the snow?
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Old 09-14-2018, 03:27 PM
dbs600 dbs600 is offline
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I received the class action lawsuit paperwork this past summer, but misplaced same.

Do class members / claimants need to return any paperwork back to the administrator to be added to the class, etc.? If so, still time?

Thank you!
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Old 09-18-2018, 09:29 PM
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I received the class action lawsuit paperwork this past summer, but misplaced same.

Do class members / claimants need to return any paperwork back to the administrator to be added to the class, etc.? If so, still time?

Thank you!
You can click on the settlement link I posted above and fill in and/or download the claim forms right from the site.

Claim forms must be postmarked, if submitted by mail, or submitted online no later than October 10, 2018.
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Old 10-02-2018, 10:37 AM
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So rather than deal with the headache I sold my GT. Here's the story: https://www.bimmerfest.com/forums/sh....php?t=1296841
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Old 10-02-2018, 12:34 PM
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Thank you, kingchorizo.
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Old 10-11-2018, 07:14 PM
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Keep us updated! Thanks.
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Old 11-11-2018, 09:23 AM
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Bang Settlement Engine Replacement Experience; N63

N63 Bang Settlement Engine Replacement. My apologies to the Moderator if I missed a Sub Forum on this topic? I had expected to see a whole lot of Buzz about this!

To my complete surprise BMW, via the Bang Settlement, approved the replacement of my 2012 X5 50i engine which has only 50,000 miles. (It does love Oil!!!) The Dealer provided a polite, easy diagnosis and immediate approval. (I do understand that it will be February before the new engine is available to install). Not to look a gift horse in the mouth, but, have I missed something? I expected a huge fight, multiple dealer visits, tests etc. I got none of that?

Has anyone had their engine replaced? Is the replacement a BMW Factory Engine? Warranted? Anything I should watch out for while this proceeds?

Thank you for taking the time to review and, hopefully, respond
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Old 11-20-2018, 04:52 PM
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I’m scheduled to have my first oil consumption test next week. Drive to the dealer, they check oil and top off, then I drive and return “precisely” at 750 miles for reassessment. If oil is low enough my car fails x1 and we repeat. If it fails 2x then the SA implied that BMW provides the new engine at discount. But what I was reading was that service department really has a chance to fix the issue first and THEN.... if it still fails (3rd oil test?), a new engine is granted.

So my question.... would you (everyone) trade in this car at this point for a fair offer and move on given too many headaches, multiple visits to service, etc.

OR... is this car nice enough to justify keeping it and jumping through all these hoops?


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