Class Action Lawsuit for Rod Bearing issue, LETS FINALLY DO THIS

[M3414]

Hello all,

(sorry I posted this in the engine subforum, I think it would get more attention here)

With all the bearing issues I have read on this forum, nothing has come to my attention about anyone filing a class action lawsuit against BMW or anything. This forum is a powerful tool in getting information from other E9x M3 owners and finding people with examples of failure due to rod bearings. So let's get on this, I will be presenting this case to attorneys the next couple of weeks to gauge their interest.
Again I would think an attorney's interest in the case would be examples of people suffering damages, particularly injuries, though I have not read anywhere on here about anyone getting hurt from their engine failing due to rod bearings, though it is a serious safety risk as I read in one thread a fellow member almost died from engine failing, so damages fellow M3 owners have suffered have been mainly financial.

Any advice, guidance, and support would be great. I would assume an attorney would not ask for money up front in a case like this this if they think it is a strong case, so no gofundme efforts just yet haha, but anyways I am willing to commit money of my own if it comes to it.

[Raek]

I certainly like the idea. However, it's an uphill battle, I would think.

That being said...a crafty lawyer can do amazing things *ahem* OJ *ahem*

[M3414]

This is something that needs to get addressed before one of us has to die until BMW finally addresses the issue.

[burtonsbs5114]

If anything it may pressure BMW to issue a recall.

[Richsocal12]

this is great!!

[1MOREMOD]

How are we dying from this. Pretty unlikely.

[Flying Ace]

Just FYI, for class action, as the plaintiffs, the class would not pay any fees. The attorneys would get paid (handsomely) when the class gets paid. They may want to seek a financial settlement in order to get paid while the class would like a physical product and service to be performed. Not sure this will work as interests are not aligned. I'll let the lawyers opine on how this works in this case and incentives to take up a class action suit when outcome needs to be a physical product or service to be delivered

[Flying Ace]

Originally Posted by M3414

This is something that needs to get addressed before one of us has to die until BMW finally addresses the issue.

Would a rod shoot thru the firewall and impale my face?

Just trying to see how I would prevent death from RB

[vsix]

Originally Posted by Flying Ace

Would a rod shoot thru the firewall and impale my face?

Just trying to see how I would prevent death from RB

You could easely loose control of your car, in any environment ,be it on the highway or in the city causing all sort's of deadly accident's.
That's One thing, the other though, could be the rod could shoot through the block and hit's someone else!
Engine part's in generall could be affected by RB and exploding and get shoot all over the place, causing other driver's to also loose control of their vehicle and therefor causing catastrophic accident's with deadly outcome.

[M3414]

http://www.m3post.com/forums/showthread.php?t=894665

"Engine in car seized on the freeway while I was going 65mph, (almost died, came within inches of hitting a big rig truck when my wheels decided to lock up because of the engine seizing)."

How you can die from failure

[vsix]

Originally Posted by 1MOREMOD

How are we dying from this. Pretty unlikely.

Dude, as time goe's by we're getting old...that's what he ment.

[M3414]

I do want to do this, in the worst case it might force BMW to release figures regarding the issue, showing us if the issue is really overblown or not

[Serious]

Engine fails the power steering pump stops, power assisted brakes stop, potentially oil put into tire surfaces, could lock the rear wheels, could cause the car to stop on the freeway and not allow maneuvering to shoulder.

You could justify it on safety terms IMO.

[Rich150001]

Originally Posted by M3414

I do want to do this, in the worst case it might force BMW to release figures regarding the issue, showing us if the issue is really overblown or not

I would be interested to see total numbers of failures from BMW, but it is likely not 100% comprehensive. I imagine that many people out of warranty who experienced failures most likely purchased a used engine and took it to an Indy shop to save money, which may or may not be off the record.

[M3414]

Also add in the fact that there are roughly 25k e9x M3s in the U.S. at least 66 documented failures on this forum (someone made a thread documenting all the failures, not sure if it is updated), not all M3 owners post on this forum, but having your engine blown also makes it more likely for you to research and post here. I don't know what laws and regulations are for failure rate.

[vsix]

Originally Posted by M3414

Also add in the fact that there are roughly 25k e9x M3s in the U.S. at least 66 documented failures on this forum (someone made a thread documenting all the failures, not sure if it is updated), not all M3 owners post on this forum, but having your engine blown also makes it more likely for you to research and post here. I don't know what laws and regulations are for failure rate.

Well it's not like every indy shop know's what happened to the engine, so first BMW dealer get's consolidated, to read out the PCM to clarify rod bearing issue's and that's where the failure rate's can be recorded.

[M3414]

I'm looking at the NHTSA website, they have examples of things that would be recalled.

This is certainly a safety issue, and if it is it would force BMW to do a recall.

http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm



The agency's Office of Defects Investigation investigative process consists of four parts:

Screening -- A preliminary review of consumer complaints and other information related to alleged defects to decide whether to open an investigation

Petition Analysis -- An analysis of any petitions calling for defect investigations and/or reviews of safety-related recalls

Investigation -- The investigation of alleged safety defects

Recall Management -- Investigation of the effectiveness of safety recalls.

Yes. There is a limitation based on the age of the vehicle. In order to be eligible for a free remedy, the vehicle cannot be more than 10 years old on the date the defect or noncompliance is determined. Under the law, the age of the vehicle is calculated from the date of sale to the first purchaser. For example, if a defect is found in 2003 and a recall ordered, manufacturers are required to make the correction available at no charge only for vehicles purchased new in 1994 through 2003. However, consumers should realize that even though manufacturers are not obligated to remedy safety defects in older cars, a safety problem might still exist. If you receive notification of a defect on a vehicle older than 10 years, take the responsibility to have your car repaired at your own expense – and eliminate unnecessary safety risks.

Need to get this filed in next couple years before 2008's become 10 years old

[BobS]

Go for it... it worked for the HPFP's in the N54's. BMW actually came up with a fix for it. I'm assuming it would be much harder to fix this rod bearing issue, but its worth a shot.

[ArthurL]

Interesting...

[M3414]

Originally Posted by BobS

Go for it... it worked for the HPFP's in the N54's. BMW actually came up with a fix for it. I'm assuming it would be much harder to fix this rod bearing issue, but its worth a shot.

http://www.m3post.com/forums/showthread.php?t=894665

i'm thinking BMW hasn't done this yet due to cost of addressing the issue. if you read the link one of my earlier posts. The car was out of warranty, guy had a lawyer. BMW ended up paying off his loan and legal fees, on top of giving him 51k for his car, substantially more than an 08 would be on the market with 72k miles. I'm thinking they were paying off the guy rather than let the issue become a bigger problem if he would of went to court and it would have been a reference case for others who had the rods blown.

[Rich150001]

Originally Posted by BobS

Go for it... it worked for the HPFP's in the N54's. BMW actually came up with a fix for it. I'm assuming it would be much harder to fix this rod bearing issue, but its worth a shot.

The lawsuit for the N54 also included fixes/extended warranties for the turbos. Had my turbos replaced on my previous 335I as a result.

[vsix]

Originally Posted by M3414

http://www.m3post.com/forums/showthread.php?t=894665

i'm thinking BMW hasn't done this yet due to cost of addressing the issue. if you read the link one of my earlier posts. The car was out of warranty, guy had a lawyer. BMW ended up paying off his loan and legal fees, on top of giving him 51k for his car, substantially more than an 08 would be on the market with 72k miles. I'm thinking they were paying off the guy rather than let the issue become a bigger problem if he would of went to court and it would have been a reference case for others who had the rods blown.

Yeah red about "Bogdan" but OP in your posted thread insist's that his case might be different and that his car was 20k mile's over the warranty AND while on warranty he was ALL the time telling the mechanic's about rod bearing noises AND that he had been adviced by BMW mechanic's to drive it unitl it break's ...after the incident BMW went dead silent...that's why his lawyer was able to rock it for him...
Imagine a poor dude got his car imported from germany ( accident, #8th owner )will get to win an lawsuit or get his car recalled?
It will more likely affect only the percentage of person's that were able to buy in some sort of BMW in house-guarantee...other's would bite the bullett.