• A class action suit has been filed against BMW regarding defective N54 fuel pumps and turbocharger lag

      The law firm of Kershaw, Cutter, and Ratinoff has filed a class action suit against BMW on behalf of owners affected by these issues. We have all heard of the HPFP (high pressure fuel pump) issues with many of our own users having had their pumps fail. Some have expressed concern that if the pump happened to fail at a bad time it would put them or others in harm's way. BMW has offered to replace pumps extending the warranty on them up to 10 years but they have not been able to fix the issue. It seems this firm is looking to press the issue and of course will be seeking a lucrative settlement. We will keep you updated as this develops, here are the details of the suit:

      Kershaw, Cutter & Ratinoff recently filed suit against BMW on behalf of thousands of consumers who purchased various BMW models released from 2007-2010.

      The lawsuit alleges that in 2006, BMW announced with much fanfare the development of its new N54 twin turbo engine. BMW touted the new engine as incorporating state of the art technology that included "twin” turbo chargers and a newly developed fuel injection system. BMW represented to the public that this new technology would eliminate "turbo lag,” a common problem in turbocharged vehicles, and that its new state of the art fuel injection system greatly increased the performance and fuel efficiency of its vehicles.

      According to the complaint, the new engines that were so highly touted by BMW in fact contain serious design flaws that render the vehicles unsafe to drive. There are essentially two design flaws at the center of the case. First, the plaintiff asserts that BMW’s new fuel injection system that supposedly incorporates a new "state of the art” fuel pump has design defects that cause the pumps to malfunction at an alarming high rate. As a result, many BMW owners have had to repeatedly replace their high pressure fuel pumps (HPFP), sometimes within 1,000 miles of vehicle ownership.

      Lead attorney on the case, Stuart Talley of Kershaw, Cutter & Ratinoff, noted, "When these fuel pumps fail, the car comes to a complete stop or loses substantial power. If this happens while someone is driving on a highway at high speeds, this can create a very serious safety hazard. We believe the defect is so significant that it makes these cars unsafe to drive.”

      The second problem relating to BMW’s fuel pump relates to its turbo chargers. Specifically, the complaint alleges that owners of the affected vehicles were told that BMW’s new engine had eliminated "turbo lag.” "Turbo lag” is the delay between the time that driver of a vehicle presses the accelerator and the time that turbo chargers on the engine essentially "kick in” to provide added power to the engine. However, shortly after the vehicles were released, BMW began to receive complaints from owners that they were hearing strange noises from the engine along with a delay in throttle response. BMW eventually discovered that these problems were the result of a design defect in the turbo chargers.

      Plaintiffs allege, however, that rather than repair the defective turbo chargers, BMW implemented a secret "software fix” to hide the problems from consumers. Any time a consumer brought their BMW in for repair or routine maintenance, BMW would "upgrade” the vehicle’s software. This software tweak kept the turbo chargers from operating at full capacity, ensuring that their defects would go undetected. Consequently, consumers noticed a decrease in their vehicles’ performance.
      Understandably, owners aren't happy. A number of user generated petitions, forums and blogs have cropped up criticizing BMW for their handling of the issue. As reported on the BMW Blog, several consumers reported their BMW's going into "limp mode." They also reported excessive power loss and "turbo lag,” the very condition BMW said it had eliminated with its "state of the art engine.”
      The plaintiff’s complaint seeks to force BMW to repair the defective turbo chargers and/or reimburse consumers for the diminution in value to the vehicles.

      If you own a BMW model released between the years of 2007-2010, we would like to hear from you. Please contact us for a free and confidential case evaluation with one of our product liability attorneys by calling 888-285-3333.
      This article was originally published in forum thread: Class action suit alleges BMW n54-turbo-engine unsafe causes unintended acceleration started by FR305 View original post
      Comments 16 Comments
      1. Monster135's Avatar
        Monster135 -
        I'll be contacting them shortly
      1. DBFIU's Avatar
        DBFIU -
        Bought time.
      1. DarkPhantom's Avatar
        DarkPhantom -
        beat me to it...yeah.
      1. e92's Avatar
        e92 -
        can i get a check out of this deal?

        i guess the lawyers will get at least a 3rd and after expenses, they'll split it up among millions of people.

        maybe I'll get some beer money in 2012
      1. Itsbrokeagain's Avatar
        Itsbrokeagain -
        lol unintended acceleration...you mean DEceleration.

        Tryin to make a Prius out of a BMW I see.

        And of course, it only happens in none other but the liberal wacko place of California. Blame it on the libs..tryin to get free money for nothing.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Matt@Camber-Toe Click here to enlarge
        Tryin to make a Prius out of a BMW I see.
        Exactly, and that was one hell of a settlement wasn't it?
      1. Itsbrokeagain's Avatar
        Itsbrokeagain -
        Click here to enlarge Originally Posted by Sticky Click here to enlarge
        Exactly, and that was one hell of a settlement wasn't it?

        Yep. And Almost 2 months later Toyota announced that there was NOTHING wrong with the Prius. THey had independent studies done on it and nothing was wrong. They proved that the person who started this all actually mashed the gas pedal instead of the brake...which I have seen a lot of old people do.

        There was a guy who tried getting in on it too with his Prius saying it wouldnt stop, called the cops and led them on a high speed chase while they were shouting him instructions to get it to slow down..all the while hes screaming 'Im holding the brake down and its not stopping!!'

        They later found out that it was all an act...he was in over his head in his mortage and his car payments so he was trying to sue Toyota and win out a big settlement to make ends meet. He ended up going to jail instead and losing everything.

        People like him dont even need to be sentenced. You should just get executed for being a complete moron.

        A car is never designed where its brakes cant overpower it and bring it to a stop...plus with all the electronics involved, if you try so much as pushing the gas and brake at the same time it cuts the throttle.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by Matt@Camber-Toe Click here to enlarge
        They later found out that it was all an act...he was in over his head in his mortage and his car payments so he was trying to sue Toyota and win out a big settlement to make ends meet. He ended up going to jail instead and losing everything.
        Good, the justice system works sometimes. That is a crazy story though.
      1. import36's Avatar
        import36 -
        i truly hope some good comes out of this. i've read the horror stories for a couple years now...and unfortunately...it's in the back of my mind every time i start the car. Click here to enlarge

        but i still enjoy driving this car....so much that i can't bring myself to get rid of it.
      1. e92's Avatar
        e92 -
        ^ +1 to all of that
      1. carcars's Avatar
        carcars -
        and this were to ever European kids, I think there is also demand in Germany and Spain on this issue
      1. DBFIU's Avatar
        DBFIU -
        Your brakes overpower your car by about 5 fold. I already did the calculation once, there is about 2500 hp in the BMW brakes. Which means, if you stand on the brake pedal you would need at least 2500 hp to keep the car moving at a constant velocity let alone accelerate.

        The guy in the prius should be banned from driving for the rest of his life, I mean wheelchairs too.
      1. n54BoostOnCoke's Avatar
        n54BoostOnCoke -
        My computer was updated also , but then the hpfp was changed aswell a month after , that means they lowered my hp ???????????
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by n54BoostOnCoke Click here to enlarge
        My computer was updated also , but then the hpfp was changed aswell a month after , that means they lowered my hp ???????????
        Not necessarily. Often times they are just updating i-drive programming as well as updating the ecu to make it harder to tune.
      1. e92's Avatar
        e92 -
        not sure if this is related at all, but...

        as i mentioned in another thread, I've been trying to find out the details of a new software recall or bulletin that my service rep informed me about.

        I would just go get it done, but I don't quite trust them.
      1. Sticky's Avatar
        Sticky -
        Click here to enlarge Originally Posted by e92 Click here to enlarge
        not sure if this is related at all, but...

        as i mentioned in another thread, I've been trying to find out the details of a new software recall or bulletin that my service rep informed me about.

        I would just go get it done, but I don't quite trust them.
        You might want to directly call and ask an SA.

        They will try to force newer software on you but I like to know what the upgrades entail before accepting them.