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

[SenorFunkyPants]

From a different forum...This pic from an E46 M3, the engine sounded about OK but the oil filter tells a slightly different story. The prevailing thoughts are that at least one rod bearing shell pair won't be pretty when they are pulled.
The oil from the sump looked OK.

[IIAp3x]

Gung Ho baby!

Got my support- considering my car is currently sitting at the BMW dealer with a blown engine!!

Let's go!

[bigjae1976]

Originally Posted by regular guy

As a matter of principle, they should all publicly announce they will not become beneficiaries or accept any of the benefits of a judgment or settlement should either ever come. Just as I have already announced, as a matter of principle, that I would not join the class because I had decided to build a stroker motor only four months after buying the car back in April 2008.

lol...imagine the outcry if a class action lawsuit actually came to fruition and they excluded all of the naysayers!...I'd laugh my ass off!

I personally would love to get a 100k mile warranty on the engine. Not holding my breath though. If it were to happen...my guess is it would be a couple of years from now.

Even then...I think this will be hard to prove and only BMW really knows the failure rate. Remember, the judge will likely not be a car enthusiast...or maybe we could get lucky!

[MPowerZ32]

Wouldn't BMW be forced to disclose the failure rate if the case was presented in court?

[maloo]

Originally Posted by MPowerZ32

Wouldn't BMW be forced to disclose the failure rate if the case was presented in court?

Yes during the legal discovery and deposition process it would come out. This is done after a suit is filed but outside the courtroom and then later introduced into the courtroom proceeding as it heads to trial. The members of a class action are rarely made whole or even close. The only winners would be the lawyers because their interests are more align with BMW than their "clients." The lawyers extract a huge fee from BMW and then look to end the case asap. The lawyers know fighting BMW tooth and nail is extremely expensive and BMW could stretch it out for 6-10 years. Our best bet is the media and bad publicity not a class action.

[mermar]

I hate to see Class Action lawsuits- is generally a giant waste for all parties except attorneys. But seems BMW is in denial - again.

[Stainless 45]

Originally Posted by maloo

Our best bet is the media and bad publicity not a class action.

True- If the car was still in production. Yesterday's model, well, too bad so sad. Don't get me wrong, I'd love to see BMW be made to eat this, there is no excuse for this kind of flaw. But at the end of the day a story about "used" BMW's blowing engines might not get much traction.

[maloo]

Originally Posted by Stainless 45

True- If the car was still in production. Yesterday's model, well, too bad so sad. Don't get me wrong, I'd love to see BMW be made to eat this, there is no excuse for this kind of flaw. But at the end of the day a story about "used" BMW's blowing engines might not get much traction.

I don't disagree but I was trying to make a relative comparison vs. our chances with a class action. Because the engine replacement is 25k it makes a great headline.

[MPowerZ32]

BMW did do a recall on S54 bearings and offer extended warranty. What prompted BMW to do those things? Can we use the same strategy?

[Richbot]

It seems to me that every single person who has had a failure or near-failure should be filing a NHTSA complaint, which includes the VIN. You have to build a record and this forum is useless as a record, its only use is as a reference and a means of communication. There are no data here that anybody will be able to use in any court except the court of public opinion, IMO.

[aus]

Originally Posted by Richbot

It seems to me that every single person who has had a failure or near-failure should be filing a NHTSA complaint, which includes the VIN. You have to build a record and this forum is useless as a record, its only use is as a reference and a means of communication. There are no data here that anybody will be able to use in any court except the court of public opinion, IMO.

Agreed. The NHTSA reports helped push BMW to fix the stupid DCT lag that the car had when it first came out. That was damn dangerous.




Has anyone emailed the lawyer from the Registry thread that got BMW to buy a member's car back??

Originally Posted by tuxblackedo

I ended up reaching out to my attorney friend in San Diego. He was able to resolve this case for me and BMW purchased my car back for significantly more then the current KBB retail value! I figure, in case you are in the same situation as I was, he might be able to help you too. He is a California based attorney, so you have to have a California car and be a California resident for him to help you. Alternatively, you can google Lemon Law Attorney in your state, to find someone local in your state. Any way, his name is Bogdan, you can email him at brl@sdbr.net, tell him about your case, he might be able to help you.

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

[maloo]

Originally Posted by Richbot

It seems to me that every single person who has had a failure or near-failure should be filing a NHTSA complaint, which includes the VIN. You have to build a record and this forum is useless as a record, its only use is as a reference and a means of communication. There are no data here that anybody will be able to use in any court except the court of public opinion, IMO.

+1. Even a few dozen complaints could get attention because it's a potential safety issue. Look at the hell the NHTSA put Toyota through for the acceleration issue.

[G80indy]

BMW has more engines than the S65 failing with "bad" rod or main bearings.
It's all related to extended (ridiculous) OCIs.
This is a bigger issue than our beloved M3s.

[rsr552]

There are reports of people with shortened OCIs and still have bearing failure...It can't be just because of oil change practices though!

Originally Posted by 330indy

BMW has more engines than the S65 failing with "bad" rod or main bearings.
It's all related to extended (ridiculous) OCIs.
This is a bigger issue than our beloved M3s.

[caslca]

Originally Posted by rsr552

There are reports of people with shortened OCIs and still have bearing failure...It can't be just because of oil change practices though!

Moreover, at the rate these cars eat oil, in the 15K mile interval you've already flushed 15 quarts of new oil through the engine. That's like having 3 total oil changes in 15K miles or 5K per oil change.

So I think you all got it wrong. BMW is recommending 15K since the filter needs to be changed, not the oil

[bigjae1976]

Originally Posted by caslca

Moreover, at the rate these cars eat oil, in the 15K mile interval you've already flushed 15 quarts of new oil through the engine. That's like having 3 total oil changes in 15K miles or 5K per oil change.

So I think you all got it wrong. BMW is recommending 15K since the filter needs to be changed, not the oil

I've never had to add oil to mine in between oil changes...

[Ezio]

Originally Posted by bigjae1976

I've never had to add oil to mine in between oil changes...

but i have

[Dolo_]

Originally Posted by bigjae1976

I've never had to add oil to mine in between oil changes...

Originally Posted by Ezio

but i have

me too

[BIGW0RM]

Originally Posted by bigjae1976

I've never had to add oil to mine in between oil changes...

Originally Posted by Ezio

but i have

Originally Posted by Dolo_

me too

My 2011 DCT M3 was broke in properly, it drank oil! At a rate of 1-2qts per 5k miles.

My 2013 6MT M3 had 67 HARD test drive miles on it and it only asks for 1qt or oil over 5-6K. I change my oil every 5-6K so its only needed oil a couple times before it went in for a complete change.

My used 2013 M5 I purchased last year drinks oil 1qt per 2-3k. If I do a constant speed long road trip, it will drink a qt every 1k in miles.

The M5 is by far the worst! I literally have to keep 2qts on me at all times.

[grantmax]

This thread is bringing all the lawyers on here out of the woodwork. I'm excited to see everyone dig in and argue small differences.

My firm does defense work for BMWNA. Does that make me a bad guy here?

[MPowerZ32]

Yes

[BoosTonian]

Originally Posted by 330indy

BMW has more engines than the S65 failing with "bad" rod or main bearings.
It's all related to extended (ridiculous) OCIs.
This is a bigger issue than our beloved M3s.

One of the techs at my dealership commented that he's seen more 335s with spun rod-bearings than M3s in his time working there.

Only seen 1 M3 vs. 13 335s...and it also just happened to one of the techs 335