[Sportstick]

https://topclassactions.com/lawsuit-...on-settlement/

Scroll down for the link to the primary website.

[Neverlost99]

Not being a lawyer, and trying to read this on my phone I have a question. If my 2015 228ix convertible has had no issues and my mechanic doesn't seem concerned should I file a claim? The mention of prospective claims confuses me.

[morphomeman]

Here is what it says:
"Engines are only eligible for reimbursement if they were damaged due to a failure of the timing chain or oil pump drive chain modules. Vehicles which have over 100,000 miles or have been in service for over eight years are not eligible for relief from the settlement."
But you can file for prospective damage, which means that, if there is damage within the prescribed time and mileage frame, you will receive some compensation.
If you have >100K miles, you are not eligible. Ditto for when you pass the 8-year mark since the car was first registered.
So, unless you already have exceeded the mileage cap, you should file. That goes for all owners of eligible vehicles.
Note that the payment will be pro-rated, so I doubt that you will get all that much at this point if, heaven forfend, your timing chain does do the nasty.

[Sportstick]

Originally Posted by morphomeman

But you can file for prospective damage, which means that, if there is damage within the prescribed time and mileage frame, you will receive some compensation.

I find that the document leads to a different process.

- Several places including the claim form indicate that filing a claim at this time is only for "elegible past expenses".

- Here is further language from the document which indicates how the two different aspects of the process will work:

"In order to obtain reimbursement for eligible past out-of-pocket expenses, you must submit a Claim Form and include all of the documentation identified on the Claim Form. In order to receive benefits under the prospective repair program, you must take your Class Vehicle to an authorized BMW dealer."

Therefore, for those of us without prior out-of-pocket paid, repaired damage, there is no current action to take other than to file this away for possible future reference if and when you need to have your car brought to a BMW dealer for these repairs and still meet the qualifying criteria.

[morphomeman]

I guess the issue is whether one should join the suit in order to be eligible in the future for damages that occur after one joins but before the specified time and mileage limits.
Either way, anyone who fits the description should read the document carefully.

[Sportstick]

Originally Posted by morphomeman

I guess the issue is whether one should join the suit in order to be eligible in the future for damages that occur after one joins but before the specified time and mileage limits.
Either way, anyone who fits the description should read the document carefully.

I realize not everyone may have the actual claim form in their possesion, but there is no mechanism to prospectively "join the suit". As an owner of a qualifying car, one is already in the class unless one affirmatively chooses the option to be excluded to seek other remedies. Courts do not award speculative damages, however. The claim form is specifically for those who have suffered past damages. If and when future damage occurs, the remedy is to take the vehicle to a BMW dealer for a covered repair based on the age/mileage status of the vehicle at that time. It will essentially function like a recall, but with the financial remedy derived from the settlement. The form also indicates that for those with past damages, the form submission must await the Effective Date.

The larger probem with this settlement is that it limits the remedy by both time and mileage. For those of us who want to keep a rwd, manual trans, hard (if not impossible) to replace car, for the indefinite future and use it sparingly over its/our lifetime for pleasure driving, we will time out of any potentially needed protection long before reaching the mileage limit of the remedy. I encourage filing an objection with the Court on this basis.