This class action alleges that the N63 engine, which BMW placed in many of its vehicles between 2008 and 2013, is defective, and that it causes problems involving burning oil, engine quality, and batteries.
Who is affected? This case is brought on behalf of all persons who purchased or leased a BMW containing the N63 (N63B44O0) engine, for personal, family, or household use within the US.
In 2008, BMW introduced the N63 engine, which it placed in certain 5 series, 6 series, 7 series, X5, and X6 vehicles in the 2008-2013 model years. This class action alleges that the N63 was defectively designed or manufactured and has caused vehicles to suffer from three serious defects: the burning-oil defect, the engine quality defect, and the battery defect.
According to the complaint, the burning oil defect causes the N63 engine to consume excessive amounts of oil, so that vehicle owners must add oil in between regular oil changes. In a recent Consumer Reports study of excessive oil consumption, drawn from complaints on nearly 500,000 vehicles, BMWs containing the N63 engine were four of the five worst performers. The complaint claims that in 2013 BMW took the extraordinary step of changing service specifications for service providers, instructing them to add two quarts of oil to N63 vehicles instead of one.
According to the complaint, the engine quality defect is often blamed on excess heat as a result of its compact design, which causes several engine components to fail prematurely. One recent article calls the engine “a bomb on wheels.” It alleges that the engine quality defect often requires owners to replace fuel injectors and fuel pumps. The complaint claims that BMW instituted an “N63 Customer Care Package” that contained measures such as instructing service representatives to check various vehicle parts and replace them, if necessary, for free.
Also, according to the complaint, the N63 has a battery defect that causes excessive battery strain, which requires frequent battery replacement. The complaint refers to a June 2015 Road & Track article that blames the problem on the excessive heat generated by the N63 engine which requires that the engine fan to run long after the vehicle has been turned off, putting extra stress on the battery. In fact, the complaint alleges, BMW has instructed its service representatives to replace the battery at every oil change (if it has not been replaced within the past twelve months), doing the replacement for free only until the vehicle’s four-year or 50,000 mile Standard Maintenance Program expires.
The complaint alleges that BMW has not fixed any of these defects, but merely temporarily alleviated or concealed them. The class action thus alleges that BMW has violated its warranties and federal and state consumer protection laws.
This case was filed in October, 2015. We will update the status in early 2016.