A BMW N63 Class-Action Lawsuit May Soon Be Settled—What That Might Mean For You
A recent CarComplaints.com article reports that a BMW N63 engine class-action lawsuit (Bang, et al., v. BMW of North America, LLC et al.) involving drained batteries and oil consumption problems may soon be over thanks to a settlement proposed by BMW itself. The proposed settlement includes about 84,000 current and former owners/lessees of 2009-2014 BMW 5 Series, 6 Series, 7 Series, X5 and X6 vehicles equipped with N63 engines.
According to plaintiffs, these V8 turbocharged N63 engines consume excessive amounts of engine oil between scheduled service visits, and also drain batteries at an accelerated rate, both of which necessitate additional service fees, frequent oil changes and replacement of batteries after only 12 months of use.
Wagstaff & Cartmell, alongside McCune Wright Arevalo, LLP, are currently representing plaintiffs in this case who are seeking financial compensation for charges related to the servicing, replacing or upgrading of affected models and component parts. If you believe that you or a loved one has owned or leased an affected model since 2013, you may be eligible for reimbursement or compensation from BMW.
The Proposed BMW Settlement
The proposed settlement terms is set to offer each affected owner/lessee (or their family members) with a voucher transferable for either $1,000 or $1,500 towards the purchase or lease of a new BMW vehicle.
BMW will also reimburse owners and lessees for out-of-pocket costs for up to three oil changes—not exceeding $75 each—so long as the costs were paid for an oil change during the 10 years/120,000 miles (whichever is earlier) from first use and took place less than 12 months/10,500 miles after the previous change. In addition, owners of affected vehicles can elect to receive a free future oil change in place of the reimbursement for each past oil change.
Reimbursement for the cost of one tow, rental or roadside assistance up to $50 also exists, but only if the vehicle was tower to a BMW dealer or third-party repair facility with documentation confirmed the tow was related to excessive oil consumption or battery discharge.
Further reimbursement for the cost of up to seven quarts of oil (not to exceed $10/quart) will be granted as long as the owner or lessee is able to:
- Provide adequate proof of purchase;
- Prove that the oil was the same type and grade provided in the owner’s manual;
- Prove that at least one prior oil consumption complaint was made to a BMW dealership and confirmed by documentation; and,
- Prove that the vehicle had fewer than 10 years/120,000 miles at the time of oil purchase.
Finally, BMW will reimburse the cost of one battery replacement that occurred within three years prior to final approval of the settlement and purchased outside of the new vehicle limited warranty period. Regardless of warranty, each affected N63 vehicle is entitled to one service under the customer car program.
The settlement proposed by BMW will also award all customers with some form of reimbursement, regardless if excessive oil consumption or battery issues have been experienced. This includes:
- A credit of $75 each for up to three future oil changes until the earlier of 10 years or 120,000 miles;
- One free 105Ah battery to replace a 90Ah battery (or another 90Ah battery if the vehicle cannot be retrofitted). This battery is eligible for free replacements within 2 years of installation if non-customer negligence failure occurs;
- Up to three oil consumption tests if the oil warning light illuminates within the oil service interval, and provide free repairs on vehicles which fail the test.
Getting around town is not only a luxury, but is also a necessary part of everyday life. If you or a loved one has owned or leased a BMW model with a defective N63 engine or battery since 2013, it may be in your best interest to take advantage of this settlement to receive the compensation and reimbursement you deserve.
If you have any questions or concerns about this class-action lawsuit, or BMW’s proposed settlement terms, contact us today to discuss your case with a member of our legal team. We are here to help you recover, replace and secure any affected engines and batteries as soon as possible.