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BMW Canada will pay more than $1.3 million to end class action claims that the company did not do enough to disclose a fire risk in certain vehicle models.
A judge approved the settlement June 14, 2021.
Lead plaintiff Zully Liliana Salazar Pasaje alleged the automaker had falsely represented that certain vehicles were safe and had failed to properly disclose that they were defective.
She claimed consumers had overpaid for their vehicles and suffered inconvenience, damages, and other losses.
The Class that was certified consists of all natural or legal persons who were residents of the province of Québec and who, at the date of the applicable recall campaign, owned or leased a BMW vehicle targeted by Recall Campaign No. 2017-470 or No. 2019-170, and/or Recall Campaign No. 2017-588 or No. 2019-384 including the follow models:
- BMW 1 Series (2008 to 2012 models)
- BMW 3 Series (2006 to 2011 models )
- BMW 5 Series (2006 to 2011 models)
- BMW X3 (2007 to 2011 models)
- BMW X5 ( 2007 to 2010 models)
- BMW Z4 (2006 to 2011 models)
The recall campaigns relate to a risk of fire under the hoods of the affected models.
BMW has not admitted any wrongdoing.
The Class has been divided into two subgroups: the Engine Crankcase Ventilation Module (PCV) Heater Subgroup (the PCV Subgroup ) and the Fan Regulator Wiring Harness Subgroup (the Regulator Subgroup).
All Class Members will receive a $40 credit redeemable for all services, goods, and merchandise at BMW dealerships in Canada. The credits will be transferable, may be accumulated, and do not expire.
PCV Subgroup Members who suffered an “adverse thermal event” and had vehicle repairs made that were not insured or carried out for free by the automaker or a BMW dealer may be eligible to claim $177, representing the replacement costs of the engine crankcase ventilation module heater, as well as up to $750 to cover eligible expenses related to the uninsured repair costs of a vehicle damaged by an adverse thermal event.
Members of the PCV Subgroup who had access to indoor parking but had to park outside due to Recall Campaign No. 2017-470 or No. 2019-170 also will be able to claim a $50 credit.
Class Members who are part of the Regulator Subgroup and suffered an “undesirable thermal event” and had repairs performed that were not insured or not performed for free by the company or through a BMW dealer may claim $141 for the cost of replacing the fan regulator wiring harness and up to $150 to cover eligible expenses.
Class members will be required to file a claim in order to benefit from the settlement.
Did you own one of the affected vehicles? What was your experience? Let us know in the comment section below.
The plaintiff is represented by Joey Zukran of LPC Lawyer Inc.
The BMW Canada Class Action Lawsuit is Zully Liliana Salazar Pasaje v. BMW Canada Inc., Case No. 500-06-000915-187, in the Superior Court of Québec, District of Montreal.
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5 thoughts onBMW Canada Settles Class Action Lawsuit Over Vehicle Fire Risk for $1.3M
Is/Are there any recourse for Canadian owners with the N63 Engine Timing Chain stretching issues in dealing with BMW Canada?
My sisters car (BMW 06) was sitting in the driveway for 8 hours and she heard a loud bang and we notice that the front of her car was on fire, literally the whole engine and everything melted. Car is totaled
We live in California we are just not sure what to do or who to call because I have been reading and we are not the only people that this has happened to
My car is on the recall list, the PCV heater has melted, as well as the wiring harness and the intake manifold, luckily the whole car did not burn down. My car, which is(was) in mint condition with only about 100 000km is sitting in my garage, my family and I are now driving a banged up 2003 nissan sentra, which I purchased for 300$, because the closest town to my home is about 20km away and we cannot walk that far(obviously).
BMW dealer says I must bring the car to them, but I live far and the towing is over 500$.
Shouldn’t we be getting a rental car, until it is resolved?
They did not offer anything at all, in fact they do not have all the parts in stock, so even if we would bring the car, they would inspect it and order the parts. So even if it is a 3 or 4 hour fix we would have to wait for the parts.
We have already suffered because of this, and it’s not over. We’ve been waiting for days now just for an appointment.
I asked them to order the parts before hand, they asked for a bunch of pictures, to confirm the damage and order the parts, but I haven’t had a return call or email and that was 2 days ago. I emailed again today asking for an appointment asap, but no reply.
What are my options?
My 2012 bmw 550i f10 n63 is having all the same issues with ( oil consumption , battery drainage , valve seals ) why is my car not covered in canada but in the states it is ?
Yes, exactly! It’s unfair for all the BMW N63 engine owners in Canada.