[Aaamanda]

Originally Posted by malicem3

Where did you buy your car? Also, have they established what the single point of failure was?

Sorry, over a year delayed in reply. It was a dealership in Utah, I purchased in 2014 after it was a year old. BMW said the warranty wouldn't be in affect since I wasn't the original owner. The dealership who took / diagnosed the cause did confirm it was the chain snapping. So this is a known issue. I have photos. Im still upset about it over a year later, and I'm considering/wondering if I should still see if I can be a part of the class action.

[willywi]

Originally Posted by Aaamanda

Sorry, over a year delayed in reply. It was a dealership in Utah, I purchased in 2014 after it was a year old. BMW said the warranty wouldn't be in affect since I wasn't the original owner. The dealership who took / diagnosed the cause did confirm it was the chain snapping. So this is a known issue. I have photos. Im still upset about it over a year later, and I'm considering/wondering if I should still see if I can be a part of the class action.

So if you weren't the first original owner of the car then timing chain warranty won't apply to you?

[Image2Pixel]

Originally Posted by ExGMan

In the N20/N26 Timing Chain Class Action, the settlement date has now been extended to September 2, 2020 by order of the court. Here's the text of the order:


"TEXT ORDER: At the parties request, the hearing scheduled for August 3, 2020 is adjourned to 9/2/20 at 11:30am. So Ordered by Magistrate Judge Cathy L. Waldor on 7/31/20. (tjg, )"

Is there any way to get automatic updates on the hearing (now scheduled for 9/2/20)?
I am getting ready to trade my 2013 X3 xDrive and would like to know in advance if I can get any remedy from BMW on the N20 engine failure. So far mine has 68k miles and has not exhibited the problem, but it sounds like a diesel engine when running. I'm just worried that it could fail during any drive.

[ExGMan]

Originally Posted by Image2Pixel

Is there any way to get automatic updates on the hearing (now scheduled for 9/2/20)?

If you were a member of the group of litigants who started the case, your attorney would probably keep you informed. However, the documents detailing the settlement will be posted shortly after the NJ District Court holds the hearing. You could subscribe to the PACER (Public Access to Court Electronic Records) system, but you'll still have to check the PACER system. It won't send out automatically AFAIK.

I'll try to keep an eye out for the submission to the court, and put it in the Bimmerfest and Bimmerpost forums (fora?) as soon as I see it on PACER.

[Wgosma]

See post # 739 here https://f30.bimmerpost.com/forums/sh...614899&page=34

STANDBY EVERYONE!


Full docket text for document 72:
MOTION for Settlement and Preliminary Approval by All Plaintiffs. (Attachments: # (1) Brief ISO Preliminary Approval of Settlement, # (2) Declaration of Gary S. Graifman, # (3) Exhibit 1 to Declaration of Gary S. Graifman, # (4) Exhibit 2 to Declaration of Gary S. Graifman, # (5) Exhibit 3 to Declaration of Gary S. Graifman, # (6) Exhibit 4 to Declaration of Gary S. Graifman, # (7) Text of Proposed Order With Cover Letter to Judge Waldor)(GRAIFMAN, GARY)

I just downloaded the proposed settlement, its 111 pages...

[ExGMan]

The NJ District Court posted some documents this morning which pertain to the potential settlement on 9/2. Here are a couple of pieces from the documents:

This statement gives some details of the settlement, if approved by the court:

"This Settlement addresses the conduct complained of in the litigation and provides valuable benefits to current and former owners and lessees (putative Class Members) of approximately 575,024 Class Vehicles in the United States. The Settlement contains two components to the benefits provided. First, there is a reimbursement program available to Class Members who incurred eligible out-of-pocket expense(s) for costs (parts and labor) not previously reimbursed to repair or replace one failed timing chain module and/or one failed oil pump drive chain module. If either chain assembly failure occurred within 7 years/ 70,000 miles of the Class Vehicle’s in- service date, the reimbursement rate is 100% for repairs including any associated engine damage. Chain module failures occurring subsequent to 7 years and up to and including 8 years and 100,000 miles are also subject to reimbursement in accordance with a contribution schedule. Second, the Settlement provides, prospective relief in the form of an extended warranty. Under the Settlement’s further extended warranty, class members who experience an engine chain failure prospectively, are entitled to repair or replacement of affected parts (timing chain module, oil pump drive chain module, engine) in Class Vehicles, up to 8 years/100,000 miles (whichever comes first) at an authorized BMW Center subject to the contribution schedule after 7years/70,000 miles. Additionally, for one year from the Effective Date of the Settlement, ANY Class Vehicle with less than 100,000 miles, regardless of the Class Vehicle’s age, that experiences timing chain module failure, oil pump drive chain module failure, or engine damage/failure due to timing chain module or oil pump drive chain module failure, may go to an authorized BMW Center for repair, subject to the contribution schedule detailed below.

Additionally, BMW NA will pay the cost of notice to the class and for claims administration. Although the parties have not agreed on attorneys’ fees and case expenses, they have established a high/low formula under which Plaintiffs’ Counsel will not apply for a fee award greater than $3.7 million and defense counsel have agreed not to contest any fee below $1.5 million. In addition, the parties have agreed that the Settlement Class Representatives may receive Service Payments in the amount of $1,000 each for each Settlement Class Representative ($20,000 in the aggregate) which will come out of the amount awarded as Attorneys’ Fees and Costs under Section VIII C of the Agreement.

The proposed Settlement provides valuable relief to the Class and should be approved."

[e30lover318i]

ExgMan thanks for keeping us up to date much appreciated!

[94vtirozguy]

its something however i dont know how they agreed 100,000. Thats normal for a timing belt not a timing chain. Timing chains should last a lot longer.

8 yrs or 100,000 miles. Thats means by 2022 all the 2013 and 2014 models are our of the warranty anyway.

BMW will take their chances, and not do a recall. They will take case by case basis.

[Bruce24]

Originally Posted by 94vtirozguy

8 yrs or 100,000 miles. Thats means by 2022 all the 2013 and 2014 models are our of the warranty anyway.

I have a 2013, which I picked up in August of 2012, so the 8 years are up for me, but since I have only 70K miles on my car it seems from the settlement statement that I will be covered for "one year from the Effective Date of the Settlement". That's if I'm understanding it correctly.

[mike_MAN]

Does it specifically state which cars are effected? I mean until which production date. I have a 2015 X3 that was produced in 2014. Its been debated on whether the part changeover was done in production year 2013 or 2015...
Also wondering if it states anything for having the TC service before failure.

[ExGMan]

Originally Posted by Bruce24

I have a 2013, which I picked up in August of 2012, so the 8 years are up for me, but since I have only 70K miles on my car it seems from the settlement statement that I will be covered for "one year from the Effective Date of the Settlement". That's if I'm understanding it correctly.

I think you're right on that. The effective date of the settlement may be as early as 9/2/2020, but considering the complexity of the notification process, that "effective date" may be sometime later than that. If I were the defendant, I'd want to stop the bleeding as soon as possible.

[ExGMan]

Originally Posted by mike_MAN

Does it specifically state which cars are effected? I mean until which production date. I have a 2015 X3 that was produced in 2014. Its been debated on whether the part changeover was done in production year 2013 or 2015...
Also wondering if it states anything for having the TC service before failure.

There is a list of vehicles affected in the documents, which shows a number of cars by year. In the case of the X3 it says "Model years 2013-2015." Then it says: "Model Years are not actually indicative of actual Class Vehicles, which will depend on production ranges."

I'd post the actual table (of which I made two .png files) but the forum software is looking for a URL, which I don't have.

[willywi]

Once the court approves the settlement how long will it take for the dealership to know this extended warranty exist? I'm currently at 97K miles and have pictures of a crack on my timing chain guide rail, will that be sufficient evidence for the dealer to approve the warranty?

[ExGMan]

Originally Posted by willywi

Once the court approves the settlement how long will it take for the dealership to know this extended warranty exist? I'm currently at 97K miles and have pictures of a crack on my timing chain guide rail, will that be sufficient evidence for the dealer to approve the warranty?

Knowing the way BMW NA works, my view of your situation is that if the dealer performed a diagnosis and made photos of the crack, then you're in good shape. If both were done by an independent shop, then, BMW NA could deny responsibility. It's a matter of who collected the evidence, so so speak.

[willywi]

Originally Posted by ExGMan

Knowing the way BMW NA works, my view of your situation is that if the dealer performed a diagnosis and made photos of the crack, then you're in good shape. If both were done by an independent shop, then, BMW NA could deny responsibility. It's a matter of who collected the evidence, so so speak.

I had my valve cover gasket replaced at a dealership 2 years ago when I ask how the timing chain guide rail looks like SA said it looked fine. However last year I had to replace my valvetronic actuator and saw there is a slight crack on the rail. If the dealer would honor extended timing chain warranty on my engine after timing chain rail inspection then I would happily pay upfront and have them take off the valve cover and inspect the chain rail. If they don't honor the warranty after inspection then I'm $1200 down the drain.

[383vett]

Originally Posted by willywi

I had my valve cover gasket replaced at a dealership 2 years ago when I ask how the timing chain guide rail looks like SA said it looked fine. However last year I had to replace my valvetronic actuator and saw there is a slight crack on the rail. If the dealer would honor extended timing chain warranty on my engine after timing chain rail inspection then I would happily pay upfront and have them take off the valve cover and inspect the chain rail. If they don't honor the warranty after inspection then I'm $1200 down the drain.

I would have the dealer inspect the guide and replace if necessary. Apply for reimbursement after the lawsuit is finalized. Now you are playing Russian roulette hoping that the motor will not blow as you drive and if it does, hoping it will be covered. $1200 is a lot, but less than how much you'll lose if the motor goes.

[willywi]

Originally Posted by 383vett

I would have the dealer inspect the guide and replace if necessary. Apply for reimbursement after the lawsuit is finalized. Now you are playing Russian roulette hoping that the motor will not blow as you drive and if it does, hoping it will be covered. $1200 is a lot, but less than how much you'll lose if the motor goes.

I have already asked a quote for timing chain guide replacement before, dealer said it will be around $4500. For that price I can add $1000 more and get a rebuilt N20 put in by a independent shop, $1200 is delaer's quote for diagnosing chain guide with valve cover off. My main concern is with my local dealerships honoring extended warranty after the diagnoses, they screw with customers that pays out of pocket for repairs alot. If dealer will honor extended warranty on my timing chain that would be great, if not then I won't touch timing chain at all and drive till this motor blows up and keep it as a project car. I ready dumped a lot of money on this car so I'm not going to sell it. If the motor blows up my plan for it is to get a rebuilt N20 with forged internals or a N55 transplant.

[ExGMan]

Here's the latest information (9/2/2020) from the US District Court in the class action suit:

"TEXT ORDER: The Court will hold a final approval hearing on 2/16/21 at 11am in Courtroom 4D before the undersigned.. So Ordered by Magistrate Judge Cathy L. Waldor on 9/2/20. (tjg, ) (Entered: 09/02/2020)"

Seems like the wheels of justice are grinding slowly...

[tuta]

I'm glad to see the lawsuit is coming to an end but I am out of luck, my engine blew up at 118k.

Did anyone repaired their existing engine by replacing timing chain assembly and possible replacing oil pump ? I don't want to take the risk of buying a used engine not knowing the full history.

My indie shop quoted 3k for rebuilding the timing chain and replacing with upgraded kit + 1500 for oil pump replacement if it is not working. I believe total cost won't be less then 5k at the end but it will worth to avoid buying a brand new car and loosing same money by just driving off of the dealer lot

Any thoughts ?

[383vett]

Originally Posted by tuta

I'm glad to see the lawsuit is coming to an end but I am out of luck, my engine blew up at 118k.

Did anyone repaired their existing engine by replacing timing chain assembly and possible replacing oil pump ? I don't want to take the risk of buying a used engine not knowing the full history.

My indie shop quoted 3k for rebuilding the timing chain and replacing with upgraded kit + 1500 for oil pump replacement if it is not working. I believe total cost won't be less then 5k at the end but it will worth to avoid buying a brand new car and loosing same money by just driving off of the dealer lot

Any thoughts ?

When the timing chain assembly goes, pistons and valves collide resulting in major damage to the engine. It is usually more involved than replacing the assembly and oil pump.

[Taoster]

Settlement notes state they will cover timing chains, guides and and oil pump only if they have failed... I brought my x3 in and bmw foreman says I have a loose timing chain and it needs to be replaced, would that be covered even though it has not technically “failed”? And since it’s just a loose timing chain, would they not replace the guides and the oil pump?

[tuta]

Originally Posted by 383vett

When the timing chain assembly goes, pistons and valves collide resulting in major damage to the engine. It is usually more involved than replacing the assembly and oil pump.

Thank you for the help @383vett ! Looks like I'm going to do an engine replacement but I do have one more question. Do you think there will be any other damage to different components during the timing chain issue? I'm wondering if I have high chance to get the car back on road by just replacing the engine.

Thank you!