Blown motors, Rod Bearing failure S65 Registry.

[behemveh]

I ran across this:

Law360, New York (July 28, 2017, 4:24 PM EDT) -- BMW must face a proposed class action over an alleged defect that can cause catastrophic engine failure, a New Jersey federal judge said Thursday, finding that the drivers had done enough to show the German automaker should have known about the problem years ago.

U.S. District Judge Madeline Cox Arleo said the two named plaintiffs had sufficiently backed up their claims of fraud and violations of California consumer protection laws by pointing to various online posts discussing the alleged defect and providing evidence that the engine...
----------------------
https://www.law360.com/articles/949255



I don't have access to the rest of the article (subscription). But this sounds like good news!


Anyone have any other info about this?

[pbonsalb]

BMW's motion to dismiss was denied, so the case goes on. It was filed 2 years ago. These things move slowly. But maybe BMW will settle rather than litigate to the end, and us owners will get a free carwash and the lawyers will get millions.

[///M Power-Belgium]

Originally Posted by pbonsalb

BMW's motion to dismiss was denied, so the case goes on. It was filed 2 years ago. These things move slowly. But maybe BMW will settle rather than litigate to the end, and us owners will get a free carwash and the lawyers will get millions.

No, BMW has more lawyers for situations like this and we have 0 % chance + we have seen this before on here !
Fairy tales..

[behemveh]

Originally Posted by ///M Power-Belgium

No, BMW has more lawyers for situations like this and we have 0 % chance + we have seen this before on here !
Fairy tales..

I would guess any sort of a "fix" for existing e9x M3s would cost BMW tens of millions of dollars. Assuming rough M3 production numbers of 50,000 M3s produced, and maybe 40,000 still around and $1000 per vehicle for bearing replacement = $40,000,000.

So yeah, they can afford to throw quite a few lawyers at this.

[aus]

Originally Posted by LatifE90

If anyone is looking for a S65 that wasn't caught in time for rod bearings let me know! Posted on my page as well.
Located in Bay Area

Do you have a link for your car saying it was the rod bearings so I can add to the registry?
Thanks.

[LatifE90]

Originally Posted by aus

Do you have a link for your car saying it was the rod bearings so I can add to the registry?
Thanks.

I already tried registering but I dont see my name there, this was done Malek@MRF he kept the bearings as well and told me to register here. Let me know if I'm doing something wrong on the registry site. Thanks!

[aus]

Originally Posted by LatifE90

I already tried registering but I dont see my name there, this was done Malek@MRF he kept the bearings as well and told me to register here. Let me know if I'm doing something wrong on the registry site. Thanks!

I'll just use your post on the previous page as a link to another blown motor.
Sorry to hear that. We're hoping BMW or some lawyer will notice this and maybe we can get the bearings changed out and blow motors compensated.
If you're in Cali, I have a link to info on a lawyer who got BMW to take care of an owner with a blown motor at the bottom of the first post.
.

[monaro88]

Just as a reference on quotes for rod bearing replacement. Mine haven't failed yet however i want to replace as a precaution. In Australia the lowest quote ( from a reputable independent mechanic) was $6200. Since the ongoing lawsuit only applies in the U.S. we are sadly out of luck here in Aus, Forced to pay highly inflated prices.

[BanjoPaterson]

Originally Posted by monaro88

Just as a reference on quotes for rod bearing replacement. Mine haven't failed yet however i want to replace as a precaution. In Australia the lowest quote ( from a reputable independent mechanic) was $6200. Since the ongoing lawsuit only applies in the U.S. we are sadly out of luck here in Aus, Forced to pay highly inflated prices.

Mine were done a bit cheaper. I bought most of the parts BE Bearings, OEM bolts, plus two vibra-technic engine mounts. Labour was about 13 hours (OEM bolts). Work was done by reputable Indy mechanic in Canberra. All up, I'd say total less than $4500.

PM me if you're interested in details

[javarithms]

Originally Posted by behemveh

I ran across this:

Law360, New York (July 28, 2017, 4:24 PM EDT) -- BMW must face a proposed class action over an alleged defect that can cause catastrophic engine failure, a New Jersey federal judge said Thursday, finding that the drivers had done enough to show the German automaker should have known about the problem years ago.

U.S. District Judge Madeline Cox Arleo said the two named plaintiffs had sufficiently backed up their claims of fraud and violations of California consumer protection laws by pointing to various online posts discussing the alleged defect and providing evidence that the engine...
----------------------
https://www.law360.com/articles/949255



I don't have access to the rest of the article (subscription). But this sounds like good news!


Anyone have any other info about this?

Here is the latest update I could find. Looks promising. I have also attached some of the old case documents in case anyone is interested (makes for good bathroom reading ).

August 28, 2017 — A BMW M3 lawsuit will move forward after a federal judge said the plaintiffs presented enough evidence of possible problems with the S65 engines.

The judge said BMW must face claims of violating consumer protection laws and fraud in concealing problems that cause metal debris to mix with the oil, leading to engine failure and a huge expense for owners.

The lawsuit was filed after owners complained about BMW M3 S65 engines failing because of metal debris created from the connecting rod bearings. The plaintiffs claim the BMW S65 engines have defects that include a lack of engine lubrication, problems with the clearance between the rods and issues with the bearings.

The lawsuit alleges the rotating assembly is a safety risk due to failure of the bearings that can cause the engine to fail while driving at any speed due to the bearings not having enough lubrication. In addition, the steering can allegedly fail because the hydraulic power steering is driven directly by the rotating assembly.

One of the owners says his M3 S65 engine started knocking due to the connecting rod bearings and paying $2,000 to replace the engine was the only way to keep the vehicle going. The lawsuit alleges M3 owners complain about noises and knocking coming from the engines, symptoms that BMW dealers said were normal.

The plaintiffs claim when the connecting rod bearings and main bearings start to fail, metal debris from the bearings is circulated in the oil throughout the engine.

The class-action lawsuit includes former and current owners and lessees of 2008-2013 BMW M3 cars with S65 engines.

The lawsuit has been a ping-pong tournament in court as the judge had earlier dismissed certain claims against BMW, but allowed the plaintiffs to amend their complaint. The second amended lawsuit included enough details to convince the judge that BMW should have known about the problems.

The judge ruled that complaints posted online about the engine problems don't necessarily mean that BMW knew about the alleged problems. But taking those complaints into considering with other evidence presented by the plaintiffs is enough to indicate BMW should have known about rotating assembly problems when the plaintiffs bought their vehicles.

[XIX]

Originally Posted by monaro88

Just as a reference on quotes for rod bearing replacement. Mine haven't failed yet however i want to replace as a precaution. In Australia the lowest quote ( from a reputable independent mechanic) was $6200. Since the ongoing lawsuit only applies in the U.S. we are sadly out of luck here in Aus, Forced to pay highly inflated prices.

Mine was half that including mounts . You need to shop around mate.

[Bartledoo]

Exhibit A looks useless.

[douglee25]

I wonder if those that have spent money for bearing replacement could actually be reimbursed if BMW loses this lawsuit?

[AustinMsport]

Originally Posted by douglee25

I wonder if those that have spent money for bearing replacement could actually be reimbursed if BMW loses this lawsuit?

Exactly my question as well. I already spent the 3K on the replacement.

[pbonsalb]

Probably if you can document it. That is common, like with the E60 sunroof leak class action. Have to wait and see.

[schnell1982]

Originally Posted by pbonsalb

Probably if you can document it. That is common, like with the E60 sunroof leak class action. Have to wait and see.

E60 sunroof leak does have a TSB released that you can get that taken care of for free.. bulletin # SI B54 04 09

[douglee25]

Originally Posted by pbonsalb

Probably if you can document it. That is common, like with the E60 sunroof leak class action. Have to wait and see.

I probably have the receipt somewhere in my BMW folder!

[pbonsalb]

Originally Posted by schnell1982

E60 sunroof leak does have a TSB released that you can get that taken care of for free.. bulletin # SI B54 04 09

Did the TSB arise out of the lawsuit or predate it? There would have been no need for the lawsuit if BMW was taking full responsibility at the time. My guess is it was not. My 08 535xit has not leaked, but I did remove the flaps in the two rear drains. I found only one front drain but it was plugged with dirt and I cleared it -- need to try to find the other one.

[Obioban]

If you replaced the bearings preventatively, no chance.

[M3ANMACHINE]

Originally Posted by Obioban

If you replaced the bearings preventatively, no chance.

Was this not the case with E46 Subframes? IIRC BMW covered predating repairs and reinforcements due to cracks?

[Obioban]

Originally Posted by M3ANMACHINE

Was this not the case with E46 Subframes? IIRC BMW covered predating repairs and reinforcements due to cracks?

Repairs done be dealers on bone stock cars were sometimes retroactively covered.

Modded cars were not covered, even if done as a repair.

Reenforced/preventatively done cars were never covered.

[douglee25]

Originally Posted by Obioban

If you replaced the bearings preventatively, no chance.

I had a Blackstone report which may support my case. Who knows.