Santa Clara, CA: A $30 million settlement has been tentatively approved potentially ending a defective automotive class action lawsuit filed against BMW North America. The class action asserts that the engines in its Mini Coopers are defective.
The lawsuit asserts that vehicle owners were forced to pay thousands of dollars in repairs and replacement costs for a defect in the engine which caused the cars to abruptly stop without warning. The proposed class action, filed in March 2013, involved certain Mini Cooper S Hardtops, Clubmans and Convertibles from model years 2007 to 2010, according to court papers.
In the suit, named plaintiffs Joshua Skeen and Laurie Freeman state they both bought new Mini Cooper S models in 2007. They alleged problem was a defect in the vehicles' timing chain tensioner, which maintains an appropriate tension of the engine's timing chain. The timing chain controls the timing of the engine's valves, but when the chain doesn't have proper tension or synchronization, the engine's pistons and valves collide with great force and the engine components suffer so much damage that the engine seizes and the vehicle loses all power, according to the complaint.
Skeen and Freeman allege that while the Mini Cooper timing chains are meant to last about 10 years or 120,000 miles, they encountered problems with their engines far sooner than expected.
According to the terms of the settlement, the reimbursement amounts for each class member will see BMW paying for out-of-pocket expenses incurred prior to the settlement, including full costs incurred at authorized Mini dealers and up to $120 for timing-chain tensioners and $850 for timing chains repaired or replaced at independent service centers.
Class members will be entitled to up to $4,500 in out-of-pocket expenses incurred before the settlement to repair or replace an engine due to the problems addressed in the lawsuit, according to the opinion, and those who had to sell their vehicles at a loss before the settlement will get up to $2,250. Compensation amounts are subject to changes because of mileage discounts and other limitations, the opinion states. The final amount of the settlement will depend on the number and nature of claims submitted by the Class.
Additionally, class members will receive a warranty extension for the timing-chain tensioner and timing chain for seven years or 100,000 miles from the date when the vehicle was first placed into service, whichever comes first.
The case is Joshua Skeen et al. v. BMW of North America LLC, case number 2:13-cv-01531, in the U.S. District Court for the District of New Jersey.
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Had my mini countryman r60 with an R 56 engine towed to mini because it would not run come to find out catastrophic engine failure from a stretch timing chain among other problems that were caused by the timing chain going to cost me almost $5000 to fix out of pocket I had heart failure when I found out how much this was going to cost. Then later I find out about this action loss how do I get involved in that five grand is too much for a timing belt, especially when they knew that was pre-existing, and failed to tell people about it when is it 2015 model with the 1.6 L turbo charged engine n18 model who do I contact ?
Posted by ellen
on
I have a 2008 mini Cooper S 91,000 miles & it needs a timing chain. Is mini responsible to cover the cost? Looking for details about this. Is that class action law suit too far in the past? Any help is appreciated.
Posted by Judy Smith
on
Are there any other cases still open for the timing chain on mini coopers. Just found out my 2010 needs to be replaced at 80,000. As you can see we baby this car!
Posted by Phil Jones
on
I have a 2016 Countryman. This my second Countryman so I knew ALL about the problems with the factory oil change intervals. I changed my oil at double that rate, and now, at ONLY 60k miles(!), my timing chain is bad. Not catastrophic yet, thankfully, but I was quoted $4500 for a timing chain and other related items. This is criminal! They know these things are designed wrong, and they will do nothing about it! The changes they made after the last suit are still inadequate. WE NEED ANOTHER LAWSUIT! I would be happy to be a plaintiff!
Posted by Karen F.
on
We paid $3K out of pocket in March 2019 to replace the timing chain/tensioner on our 2008 Mini Cooper with 88K miles on it (originally purchased direct from the dealer in Los Angeles). We never received notice from the dealer about an extended warranty. Before the repairs were done, after a quick internet search, we contacted the dealer to inquire about the class action lawsuit and faulty timing chain. The dealer stated they knew nothing about it, so we took it to a third party mechanic and paid out of pocket. If the timing chain is meant to last the lifetime of the car (that's the chain rather than belt decision), and the extended warranty is only for 7 years/100K miles, I guess they don't have a very high opinion of how long these cars are meant to last. Shame on them. They should've issued a recall.
Posted by Cherie Elliott
on
I just paid, out of pocket, about $5,000 to have the faulty timing chain /timing chain tensioner repaired. I have a 2007 Mini Cooper S bought at Palo Alto BMW/Mini. The car has been maintained and garaged. It looks like new. BUT....it has 73,000 miles and the timing chain/timing chain tensioner broke and caused major damage. I had it repaired at a European car shop. I know the mechanic and trust him. I do not trust BMW/Mini mechanics. We need to get another lawsuit going. I knew nothing about the 2016 lawsuit. Even after the settlement they didn't recall. They knew this was an issue and did nothing. Let's go after them again. They need to pay. Way too many people still have this issue.
Posted by Mike Davis
on
My son bought a 2010 Clubman. THe motor went out and he couldn't afford to replace it. He sold it at a big loss.
Posted by wayne welch
on
will they cover timing chain on a 2012 mini coutryman s model
Posted by Beverly Deas
on
Can you tell me who to contact about my timing chain issue.
I have a 2010 Mini Cooper S. I need to know if it's a recall issue.
Posted by Kris C
on
2011 Mini Cooper S is in need of Timing Chain Replacement. How do I know if this is covered?
Posted by Jose Castaneda
on
I just bought a 2010 mini cooper clubman in August of 2018 and the timing chain broke, who do we contact?
Posted by Rey
on
Hi in 2018 I bought a 2008 mini cooper s from a small car dealer, that has 108k, and now I'm reading all the recalls, and found out about the timing change recalls, my question is that will my mini still be covered under the recalls ? the engine is making rattling noise.
Thank you.
Posted by Glenn Chouinard
on
I have a 2009 cooper s. The timing chain replaced before this lawsuit. As a result I was not included. And now less than 90k miles rattling again. Is there any recourse?
Posted by Bill
on
Anyone ever get info on filing claims?
Posted by Jay Berry
on
My 2012 Mini Cooper S just had the timing chain stretch at 62K. I'm nervously writing this from the dealership. Thankfully it didn't break but it's still going to be over $2500 they said.
Posted by Danica
on
I have a 2012 mini cooper, have just over 80,000 miles on my car, have been meticulous with oil changes and maintenance, and now have a timing chain issue as well. Did this settlement extend to the 2012 hardtops?
Posted by Bonnie Kooy
on
I'm also working on getting a new timing belt after the tensions were replaced. I have a 2009 clubman.please send me infO for contacting the right people for reimbursement. Thanks
Posted by Rich Gralla
on
I've got the same issue, my 2010 MINI S blew its recalled/replaced timing chain tensioner and I went for $3K to replace the timing chain, tensioner & other damage it caused to my engine and I never received a card in mail or notice about the class action suit thats been closed. How's MINI able to weasel out of claims with so many people clearly affected???
Posted by Reba Ware
on
2010 mini cooper. Same issues as everyone else. . Timing chain and water pump replacement. vehicle has 70k miles and I've only had it for 2 yrs!
Has anyone been able to get any information where claims will be receive? thx
Posted by Troy
on
I own a 2010 mini cooper s hardtop. It was running perfect. Serviced and repaired everything timely. Without any warning i.e service engine light coming it died in the middle of the road. Towed to mechanic and he related timing belt jumped time and damaged the engine. The cost to repair unbelievable. I called mini and they related my car was not covered since it didnt break during the time the lawsuit was implemented. I asked why all these models were not recalled and belts replaced as it was not my fault yhe belt broke after the lawsuit and he just kept telling me to view the website information. I cant find anything from mini. Does anyone know any information about cars with less than 100000 miles and fits all descriptions of the faulted mini cooper timing belt issue?
Posted by S Adams
on
2010 tubo 2 convertible just lost complete power in the middle of the road, towed to dealer for 11K estimate of repair to replace entire engine due to timing chain issue. am I still able to be a member of this class?
Posted by Joe Rosbach
on
Just purchased a 2009 Mini Cooper S for daughter
6 months ago. Car has 44,000 miles on it and had to have it towed to Mini dealership for new timing chain. Cost to repair was $2800. Am I eligible for this claim?
Posted by Linda Schneider
on
My son just bought a Mini Cooper from someone less then a month ago and the engine went in two weeks. Is it to late to file for compensation so he can have the engine fixed ?
Posted by Thai
on
just got a mini cooper with 96k miles, didnt realized it had this much issue until i started googling it up. How can I get added to this lawsuit.
Posted by Wendy Dale
on
My Mini Cooper S just blew the whole engine. I only had 76,000 miles on it. So they want me to pay almost $10,000 for a new engine. (No way am I'm doing this.) Just read up on the class action law suit they had last year regarding the water pump, Well, that's what blew up my car. Why don't I ever read about these Class Action Suits?
Posted by Alex Carrillo
on
Have a 2009 mini with 51800, now it needs timing chain replacement, just got it when it had 50000,
did not know about issues otherwise would not have bought. need help.
Posted by Lori Sandoz
on
I have a 2008 MINI cooper S hardtop. I had the transmission fixed in 2014 with 90,000 miles on it. Cost was 8,900 to fix, my timing chain however was covered in a class action so I did not have to pay for that.
Posted by Robert
on
Well, here we have another used vehicle (2007 Mini S hardtop) purchased from a dealer with no notification of any issue or defect possible. MY wife was driving the vehicle on the interstate when it suddenly 'lurched' then died in the left lane of Interstate 75. We had the vehicle towed and NOW we find that there was an action last year which affected this engine and the same matter. In our case, the exhaust cam spindle has snapped off due to the engine locking up and caused MAJOR damage to the engine block, cylinder heads, brake vacuum pump, and who knows what else that can't be seen yet. What can be done about this as we are now down a daily driver but still have the finance company wanting to be paid as well as the shop wanting an answer on whether to rebuild, replace, or just scrap the vehicle????
Posted by Don
on
I have a 2009 Cooper purchased used in 2014 from a Mini dealership. Current mileage is 82K. Engine light came on a week ago and was told by the Mini dealership timing belt needs replaced ($2300). Naturally, the dealership didn't mention the history of timing belt problems with these vehicles. If this is indeed a Mini defect, I would this like this to be repaired by Mini. Who do I contact for assistance?
Posted by Miriam G
on
I have searched everywhere and am having no luck finding how to file a claim. My 2010 Cooper S had the timing chain go out with no warning, causing catastrophic engine failure. It seems every website with info has a disclaimer that they are no longer handling these cases. The Mini official website has no information at all. Has anyone had luck finding out what to do to get the repair covered?
Posted by Melody Werner
on
2009 Mini with 39,000 miles. Needs new timing chain. Cost 4,000. Contacted Mini they say that it has to be diagnosed by an authorized Mini Dealer and they may or may not help with the repairs. They say it depends on the vehicles maintenance record and the mileage. Why wasn't there some kind of a recall done on this vehicle?
Posted by Mike Lynch
on
Wife's 2009 Mini with 43000 miles just stopped as we rolled up to a red light. Had it towed to the dealer and diagnosed. It needs a new motor for $12500 because of the timing chain. Still making payments. We never received any notice or warning.
Who do you contact regarding the lawsuit.
Posted by Patricia oneill
on
All of the above
Posted by bob
on
i may have the same problem. the csse was
closed june 20 2016.....so im too late with a 2010
mini?
Posted by David a young
on
2010 Cooper S with 89k miles on it. Started sounding weird a few months back. I haven't taken the valve cover off to look at the timing chain but I'm almost certain the tensioner is broken or extremely loose. Is possible to have this paid for or at the very least give me the parts so I can fix it myself before the engine implodes?
Posted by Matthew santos
on
Hi I bought my son a Mini Cooper clubman S 2008 for his graduation gift last June and did an auto loan. We got the car Friday and Sunday early morning engine light lit up so I called up the dealer and told them about it. But gave me a sorry it's al on me the moment that car is out of our lot. So devastated to hear that from the person who sold us the car. So next day we brought it to a mechanic and did tune up and change oil and did diagnostic on electricals too paid$1300. The car was running with no engine light on. Until the rattling came back the Same day, engine light lit up and smoke inside the cabin. We brought it back and was told it would need a carbon cleaning and the works. So we did and all went well, until last week when the car wouldn't start. So from the last check up if was probably 4mos from the shop and 5 mos from the dealer. Bottom line is the car engine went dead and having 2 different mechanics looked at it and diagnosed the same that it needed a new engine. My son is so unhappy with all that's happening and we are stuck with a 4yr payments with the bank and a possible $4-$5thousand dollar replacement engine. We need help and would appreciate any advice on how to deal with this evil situation. My question is how do we find out if this is cause by any of those class action defects mini-Bmw settled. Please Help????
Posted by Debbie & Joe Crabtree
on
I am currently having my timing chain replaced and possibly a valve adjuster. My 2009 Clubman S is in the Plano Mini dealership as I am typing this. My car has just over 60K in miles on it. I have been given an estimate of $2700 for the repair, but had just had gotten it back from them within a week for ($1950.) trying to fix a loss of oil that caused my engine light to come on and the car to chug uncontrollably while slowing down and idling. When I picked it up the invoice said that the timing chain may need to be changed out. That part was not mentioned to me in person. I am suffering from major sticker shock concerning this and now I read that this is has been a concern and legal action is pending. This is crazy. I guess I need to be included on this list of Mini clients who have the timing chain problems.
Posted by Roni
on
Who can help me with a claim for this timing chain issue given my car is a 2008 and under 70K miles? How hasn't there been a recall from BMW to cover this repair? Who do we contact to get help?
Posted by Jessica Ryback
on
I am requesting advice regarding the Mini Cooper timing chain class action lawsuit that has been settled. I was not aware of this issue or the lawsuit, and have owned my Mini Cooper Clubman since January of 2016. I had no concerns with my Mini until October (last month). I took it to the local Mini repair shop for maintenance as I was about to embark on a relocation to Virginia from Tennessee. Turns out, the timing chain needed replaced, and I had to pay out of pocket over $3100.00 in repair costs. After doing research on the issue, I find out- a couple months too late, that I could have had this issue paid for in the lawsuit settlement for the exact issue.
Now, I am asking in hopes that I could receive some counsel on what I can do to have my repair costs included in this as well.
Are there any resources or points of contact I can take my claim to now?
I would hope that since BMW admitted fault and paid out a settlement to others, that people with the exact same issue, that weren't aware beforehand, could be considered.
Any advice would be appreciated.
Posted by David
on
My Mini S hardtop (2010, 33k miles) just blew its engine apart due to the timing chain issue. Clearly Mini is avoiding dealing with its owners The previous class action lawsuit was not advertised and there are continuing problems. My car would not have been covered anyway because the 2010 S hardtops weren't included despite same model and engine. I would like to undertake another class action against them, this time including fraud for not notifying the existing owners and the continued problems. My Mini has gone from being worth approx 10k to 0. Please email me if interested in pursuing this.
Posted by Wendy Cervantes
on
Just paid $2000 to have the timing belt on my 2010 Mini Cooper S replaced. I have 43k miles on my car and my extended warranty just expired. At the Mini dealership, when I brought up the fact that there were complaints of timing belt issues and a class action lawsuit regarding this problem, they told me that the case was closed and no longer accepting claims. Now I see that on this page alone, there have been numerous complaints of the same issue within a few days of each other. Are ALL of the timing belts just coincidentally needing to be replaced at the same time? This is serious manufacturer defect that should be part of a recall, not left to us owners to discover and pay for out of our own pockets. This is shady as hell and Mini needs to be exposed the way Volkswagen was exposed for their emissions fraud. Please spread awareness of this issue so that we can all receive the compensation that is due. I will try to get the attention of auto review sites and blogs etc so that people are aware of this before deciding whether or not to purchase a BMW or Mini.
Posted by FONDA DAVIS
on
I am having problems with my mini coop 2010 s timing chain and was told that the class action suit was closed and I Have to paid for the repairs myself. How can they close a class action suit without notifying the car owners of the problem?
Posted by Michelle K.
on
I just found out that my 2009 Mini needs a timing chain and the cost is $1900! Why isn't BMW covering the cost if it is so obvious that it is a flaw in the car. I have always taken my car to a Mini dealership. Can anyone give guidance?
Posted by David V
on
My wife has a 2010 Cooper S hardtop; which evidently wasn't included in the lawsuit. It just blew it's timing chain and ruined the engine. It has approx 30,000 miles. I am interested in either re-opening the Class Action or starting a new lawsuit. Who would be interested?
Posted by Mary Forssberg
on
I have a 2007 mini that had a timing belt issue which was repaired and now I have a serious problem with the engine and timing belt. what do I do?
Posted by Michelle Rossman
on
My 2010 mini is currently in shop for replacing timing chain. It only has 59,000 miles on it. I haven't heard anything in a recall or pending lawsuit, but mechanic told me there had been legal action taken against Mini. From reading the web page I'm wondering if this doesn't include Washington State and is the time to file has passed. Please inform me of any possible recourse. Thank you, Michelle
Posted by Beth
on
Does anyone have a filing form for the class action Skeen v. BMW they could send to me? I got one but threw it out because they told me I hadn't incurred any out of pocket expenses. I'm now getting an estimate from mini to fix the timing change among other excessive oil leak issues.
Posted by Sean Manion
on
I have a 2007. I got the class action info but could not fill it out because I never used Mini service and did some of the work myself. I had the chain tension fixed last year. And I just had to have the car towed in last night with yet another coolant leak.
Posted by Stacey Burnett
on
I have a Mini Cooper s 2007 r56 that was just sent in of services and call me back and told me the time chaining was defective and that I have to have a whole new engine. They told me they will be replacing the engine and they will not be a warranty on my car after they replace it. Can you help me? There are several items that were repaired and no one ever said it was covered. I read this and was shocked.
Posted by Carol A. Glomski
on
I have a 2010 Mini Cooper S Hardtop . On 9/26/14 - I was charged $2225.54 for the replacement of my timing chain. Service invoice states "Faulty timing chain components" my car mileage is documented at 46564 at the time of the repair. I have only ever have had my Mini serviced at the dealership and have made every repair that was suggested. Please advise what I need to do to get this settled.
Thank you,
Posted by BENNY MARTINEZ
on
I DID THE TIMING CHAIN TENSIONER REPLACEMENT AT A MINI SPECIALIST ABOUT 3 MONTHS AGO.. THE MECHANIC WAS HONEST AND TOLD ME TO KEEP THE RECEIPT , SO I COULD GET A REIMBURSE. HOW CAN I FILE THIS WITH BMW SO THEY CAN GIVE ME BACK MY MONEY FOR THEIR MISTAKE?
Posted by CT Newman
on
Is the timing chain tensioner limited to Mini Coopers model years 2007-2010 only? Has BMW rectified the problem post 2010 production?
Posted by Neeta
on
I have a mini 2009 hardtop and had the engine timing chain issue. Can some let me know how to claim this money.
Posted by Justin bell
on
I have had the same problem with my 2008 mini s but live in Quebec, Canada.
Is their any help me legally or does this only apply to US customers.
Posted by Valerie
on
BMW needs to recall the faulty timing chain /timing chain tensioner it equipped many models of MINI with 2007- 2010. This having to jump through hoops in order to get compensation with a deadline of June 20th 2016 is reprehensible. I have paid for my 2009 MINI Cooper S Clubman which I purchased January of 2015, more than twice as a result of that equipment change. Even after replacement, my vehicle has not improved. As a result, I can't even trade it in for a good deal towards a new vehicle. I would love to trade it for a MINI Cooper S Clubman that does not have this issue... It matters not that I keep up with maintenance, my MINI is literally dying a slow, costly inevitable death & BMW is not accepting responsibility.
Posted by Miguel Angel Sanchez
on
Tengo un mini 2008 que el motor no core regularmente lo yeve al taller mecánico y me dijeron que el problema era en la cadena del tiempo y el costó de reparación era de $1900 preferí dejarlo así por lo alto del costó espero que allá una extensión de la garantía y la agencia se aga responsable gracias.
Posted by jan Lamont
on
Where do I find a claim form?
Posted by James
on
Who do you contact or how do you go about filing a claim for the settlement? I can't find any information anywhere.
Posted by SUSAN PINEDA
on
when will we be paid
Posted by Kathleen Moore
on
My2007 just got diagnosed with this timing chain problem and I just read there was a preliminary judgment in favor of all owners in the class. Does anyone know when or how a final judgement will be made and whom I need to contact to get the work done?
I'd rather not go to a mini dealer ($$$) if I'm not going to get reimbursed.
Posted by Ron Trujillo
on
I also have a problem with a worn timing component that is causing the engine to stall. 2008 mini cooper that requires repairs that will cost over $4000. Who do we contact in the law suit?
Posted by David Kyzer
on
I also had a 2008 clubman. Great car to drive with many defects. Good to see that we may be compensated for one obvious defect in the car. My suggestion is to get the extended warranty if your love your Mini. If you don't love your Mini I would sell or trade it for a more reliable car. Loving your Mini will cost you a lot of money without the extended warranty.
Posted by Agnes Journet
on
I have a 2008 mini clubman that is constantly jerking and has had repairs for faulty valve leaks and oil in one of the spark plugs. Had this repaired and the car is still jerking and wants to cut off. Now I have seen that as soon as these cars reach 90K miles the o2 sensors light goes on. They are doing this so people are constantly buying and fixing these cars.
Posted by Andrew ONea;
on
Mini wants 6500 to fix my issue as well. I also had to pay $250 in towing as well....
Mini offered today to pay $3250 of my bill, I told them I wanted them to pay 65% of my cost....Do I sound unreasonable in my expectation?
Posted by Dylan Znidarsic
on
I recently encountered this issue with my mini at less than 40k miles. Who do you contact to get reimbursement?
Posted by Matthew Larrain
on
I just had to have my timing chain replaced as well as has another $1000 worth of work due to this. Who do we have to contact to get this reimbursement?
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