Blown engines based on model year

[regular guy]

Originally Posted by s85e90

white e92? from FL?

Yes.

[V1.47fan]

A lot of 08's...

[Z K]

Originally Posted by V1.47fan

A lot of 08's...

It is a problem on all model years. You just see more 08s because they are higher mileage than the other years.

[V1.47fan]

Originally Posted by Z K

It is a problem on all model years. You just see more 08s because they are higher mileage than the other years.

Sadly so...

[Rahstar]

2008 e93 85,ooo miles. Rod bearing failure. #5 spun.

[Richbot]

There were also nearly more '08's sold than any of the model years by a good margin

[CHE///MIST3]

Dang...sorry to hear about this. Is this a recent failure? Can you tell us more about it? Any engine noises, temps, oil change intervals, driving habits, engine mods etc...

Originally Posted by Rahstar

2008 e93 85,ooo miles. Rod bearing failure. #5 spun.

[Bmw doubles]

[jel014]

crap didn't read properly.

-1 vote on 2010.

[R3dliner]

crap me too lol
-1 on 2011

[Rahstar]

Originally Posted by GMCHEM83

Dang...sorry to hear about this. Is this a recent failure? Can you tell us more about it? Any engine noises, temps, oil change intervals, driving habits, engine mods etc...

Thanks for your condolences. Let me start by saying, I am an avid BMW ethusiast, this is my third BMW, 2 of which were M3's. I purchased my 2008 e93 certified pre owned in 2011 w/a little over 40k on her. I do drive fairly hard @ times, but my M3 has never been tracked or raced. She's bone stock. From the beginning I've always heard the infamous ticking sound, but was instructed by BMW that these were normal ticks. To my surprise about a month after purchase I began to experience gear box issues, all kinds of alarms, bells & whistles started going off in my head. Ha ha. Gearbox was replaced 6 months after many hours of back & fourth w/the dealer while still being under warranty.

In good faith, & based on passed expierience w/my other BMW vehicles, I was willing to go forward, but w/caution. I kept up w/all scheduled maitinence, 8000 mile oil service & she's garage kept as a second vehicle.

On November 2015, I & three other passengers were in the vehicle when this catastrophe occurred. I did notice she had been running a little warmer than usual, but didn't think anything of it. Downshift maximizing RPM's from 5 into 4 changing lanes doing about 90mph. All of a sudden I heard a slight knock coming from the bottom of the motor. It progressively became louder. Had her towed into BMW next day, diagnosed as rod bearing failure. Unfortunately my M3 was 8mths outta warranty.

BMW Na didn't propose any realistic solutions. I'll be in California small claims court on sept 20, 2016 in reference to this matter.

If anyone has credible info or sources (s65 motor) that may help strengthen my case, i would really appreciate it. I feel like BMW must, & should be held accountable for what they rightfully know to be a flawed product & design. Warranty of merchantability or active concealment.

Feel free to come down & document the good fight, I'm one man.
Bring Attention & acountability to those responsible. Internet media or journalist welcome.

[Mvy]

This is something that has been floating around the forum. I think its a consumer complaint type website. It might be worth reaching out to the legal team mentioned at the bottom to see if they can help you. Small claims might not be your best bet on this one if the cost of the repair is 25k. CA Small claims is limited to 10k.

http://m.carcomplaints.com/news/2015...lure-s65.shtml

[Rahstar]

Originally Posted by Mvy

This is something that has been floating around the forum. I think its a consumer complaint type website. It might be worth reaching out to the legal team mentioned at the bottom to see if they can help you. Small claims might not be your best bet on this one if the cost of the repair is 25k. CA Small claims is limited to 10k.

http://m.carcomplaints.com/news/2015...lure-s65.shtml

Thank you for takin the time repost class action link, I appreciate your help. I've come accross this link in the past also. These lawsuits can sometimes go on forever. Unfortunately this has been a long, ongoing, arduous, exhausting 9mth. process. I'm ready to be done. Lol. My M3 has been @ the dealer since this whole episode began. I would've appreciated BMW good willing my s65, but @ this point I'll take the 10 racks. Either way I plan on BMW replacement or use the 10,000 towards an engine rebuild. Please let me know if you come accross any more credible info. Thanks again for the help.

[oolas3]

Originally Posted by Rahstar

Thank you for takin the time repost class action link, I appreciate your help. I've come accross this link in the past also. These lawsuits can sometimes go on forever. Unfortunately this has been an ongoing, arduous, exhausting 9mth process. I'm ready to be done. Lol. My M3 has been @ the dealer since this whole episode began. I would've appreciated BMW good willing my s65, but @ this point I'll take the 10 racks. Either way I plan on BMW replacement or use the 10,000 towards an engine rebuild. Please let me know if you come accross any more credible info. Thanks again for the help.

Please update us on small claims court when thats over. Thanks. You're the first I've read that has taken that approach.

[Rahstar]

Originally Posted by m3m3mr

Please update us on small claims court when thats over. Thanks. You're the first I've read that has taken that approach.

Roger that/will do.

[Rich150001]

Originally Posted by Rahstar

Thank you for takin the time repost class action link, I appreciate your help. I've come accross this link in the past also. These lawsuits can sometimes go on forever. Unfortunately this has been a long, ongoing, arduous, exhausting 9mth. process. I'm ready to be done. Lol. My M3 has been @ the dealer since this whole episode began. I would've appreciated BMW good willing my s65, but @ this point I'll take the 10 racks. Either way I plan on BMW replacement or use the 10,000 towards an engine rebuild. Please let me know if you come accross any more credible info. Thanks again for the help.

Not a bad approach. Not much to lose going this route and it would help pay for a decent percentage of the cost if you end up going the used engine route. Best of luck!

[pbonsalb]

How will you prove defective product? BMW will have its expert there testifying the car was fine while under warranty and failed out of warranty.

[Rahstar]

Originally Posted by pbonsalb

How will you prove defective product? BMW will have its expert there testifying the car was fine while under warranty and failed out of warranty.

I plan on having my own expert accompanied by a few affidavits that thourougly explain what causes bearings to fail & appear as mine do. Look into warranty of merchantability & active concealment. These two legal terms directly address consumer product failure.

I'm not interested in push back or debate, if there is any info folks have that could possibly help my case please let me know. I want to win. Court on the 9/20th. Thanks.

[Rahstar]

Originally Posted by Rich150001

Not a bad approach. Not much to lose going this route and it would help pay for a decent percentage of the cost if you end up going the used engine route. Best of luck!

Thanks, appreciate it.

[oolas3]

Originally Posted by Rahstar

I plan on having my own expert accompanied by a few affidavits that thourougly explain what causes bearings to fail & appear as mine do. Look into warranty of merchantability & active concealment. These two legal terms directly address consumer product failure.

I'm not interested in push back or debate, if there is any info folks have that could possibly help my case please let me know. I want to win. Court on the 9/20th. Thanks.

It's not like this is a criminal case and you have to prove it beyond a reasonable doubt. Only need your proof to be 51% to 49% and you win. Another possibilty is I've read about several cases where the big company's lawyer came unprepared or asked for continuations and the judge threw the book at them without really even getting into the substance of the case. Good for you for pressing forward.

[Frozen]

Originally Posted by Richbot

There were also nearly more '08's sold than any of the model years by a good margin

This. And there were very few 2009 and 2012 model years sold. We should take these numbers and divide by the number sold to come up with a percentage of failure per model year.

[pbonsalb]

Originally Posted by Rahstar

I plan on having my own expert accompanied by a few affidavits that thourougly explain what causes bearings to fail & appear as mine do. Look into warranty of merchantability & active concealment. These two legal terms directly address consumer product failure.

I'm not interested in push back or debate, if there is any info folks have that could possibly help my case please let me know. I want to win. Court on the 9/20th. Thanks.

Hopefully the affidavits will be accepted at trial. Normally witnesses must be available for cross examination. BMW could file a dozen affidavits from engineers. I see two avenues. One, you prove you alerted BMW to the problem while under warranty but they misdiagnosed. Two, defective product. Given that 98% of cars do not yet show any issues 3-8 years after being made, this will be tough. CPA law is great if you can make sonething stick -- you get attorneys' fees. Let us know the results.