B110221

9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
SIB 11 02 21
2021-09-21
CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN
DIAGNOSIS / REPAIR
This Service Information Bulletin (Revision 4) replaces SI B11 02 21 dated August 2021.
What’s New (Specific text highlighted):
Procedure update for TSARA case submission
Procedure update for wheel alignment not needed
Warranty section up for wheel alignment not needed
Models
E-Series
MY
Model Description
X1 sDrive28i Sports
Activity Vehicle (SAV)
E84
2013 to 2015
E84
2012 to 2015
X1 xDrive28i SAV
E89
2012 to 2015
Z4 sDrive28i Roadster
F10
2012 to 2015
528i Sedan/xDrive Sedan
F22
2014 to 2015
228i Coupe
F22
2015
F22
2015
F23
2015
F25
2015
228i xDrive Coupe
228i Coupe/xDrive Coupe
PZEV/SULEV
228i Convertible/xDrive
Convertible
X3 sDrive28i SAV
F25
2013 to 2015
X3 xDrive28i SAV
F26
2015
F30
2012 to 2015
X4 xDrive28i Sports
Activity Coupe (SAC)
320i Sedan
F30
2013 to 2015
320i xDrive Sedan
F30
2012 to 2015
328i Sedan
F30
2013 to 2015
328i xDrive Sedan
F30
2012 to 2015
328i Sedan PZEV/SULEV
F30
2013 to 2015
328i xDrive Sedan
PZEV/SULEV
F31
2014 to 2015
328i xDrive Sports Wagon
F32
2014 to 2015
F32
2014 to 2015
F33
2014 to 2015
F33
2014 to 2015
F34
F34
2014 to 2015
2015
428i Coupe/xDrive Coupe
428i Coupe/xDrive Coupe
PZEV/SULEV
428i Convertible/xDrive
Convertible
428i Convertible/xDrive
Convertible PZEV/SULEV
328i xDrive Gran Turismo
328i xDrive Gran Turismo
Production Dates
Engine
June 8, 2012 to February 28, 2015
N20
September 13, 2011 to February 28,
2015
September 1, 2011 to February 26,
2015
September 1, 2011 to February 28,
2015
November 13, 2013 to February 27,
2015
June 16, 2014 to February 28, 2015
October 18, 2014 to February 27,
2015
October 24, 2014 to February 28,
2015
March 12, 2014 to February 28, 2015
February 15, 2012 to February 28,
2015
N20
N20
N20
N20
N20
N26
N20
N20
N20
March 6, 2014 to February 28, 2015
N20
June 1, 2012 to February 28, 2015
February 26, 2013 to February 27,
2015
October 19, 2011 to February 28,
2015
June 27, 2012 to February 28, 2015
February 22, 2012 to February 28,
2015
N20
June 27, 2012 to February 28, 2015
N26
February 26, 2013 to February 25,
2015
June 27, 2013 to February 27, 2015
June 22, 2013 to February 27, 2015
October 24, 2013 to February 28,
2015
November 5, 2013 to February 28,
2015
June 12, 2013 to February 28, 2015
June 11, 2014 to February 28, 2015
N20
N20
N20
N26
N20
N20
N26
N20
N26
N20
N26
Copyright ©2021 BMW of North America, Inc.
1/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
F36
2015
F36
2015
PZEV/SULEV
428i xDrive Gran Coupe
428i Grand Coupe/ xDrive
Gran Coupe
PZEV/SULEV
March 20, 2015 to February 28, 2015
N20
April 22, 2014 to February 28, 2015
N26
The Model information above is for informational purposes only, it is not the only deciding factor.
Important Note: This Class Action Settlement applies to the N20/N26 engine vehicles listed above that were
produced up to and including the applicable last production date in February 2015.
The remaining vehicles that were produced on or after 3/1/2015 are not included in this Settlement.
SITUATION
With the court’s FINAL approval, BMW of North America, LLC (BMW NA) has entered into a nationwide
settlement with the plaintiffs in the following class action: Gelis, et al. v. Bayerische Motoren Werke
Aktiengesellschaft and BMW of North America, LLC.
This Settlement is effective on and after Wednesday June 30, 2021
Note: This bulletin is a notice of a Class Action Settlement Repair Benefit that is now
available. This is NOT a notice of a Recall or Service Action.
Eligible Class Vehicles (That fulfil the applicable State’s requirements and have a valid registration in
addition to the Important Note stated below)This bulletin applies to Class Members who are current owners/lessees of Class Vehicles that have not
opted-out of the Settlement, therefore, accepting the corresponding Class Member benefits.
The eligible Class Vehicles that were produced up to the end of February 2015 have been updated with
the following VIN-specific Vehicle Comment in the DCSnet Warranty Vehicle Inquiry.
SI B11 02 21: The current owner or lessee (Class Member) and their Class Vehicle are
eligible to receive the Repair Program (diagnosis or diagnosis and repair service benefit
one-time) that is provided through the Timing Chain and Oil Pump Drive Chain Module
(N20, N26 Engines) Settlement. This service benefit is subject to certain limitations and
exclusions as outlined in the Settlement. The previous Timing Chain/Oil Pump Drive
Chain Module 7/70 Limited Warranty Extension (SI B11 03 17) may also still apply.
Note: Before performing a repair and submitting a claim, first confirm that the vehicle has the above Notice of
Limited Warranty Extension in the DCSnet Warranty Inquiry Vehicle Comments section.
Important Note:
The service (repair) benefit that is provided by this settlement is subject to the same vehicle eligibility
requirements, limitations, and exclusions that apply to the BMW New Vehicle Limited Warranty.
Specifically, the coverage shall be null and void because the:
Vehicle has been declared a total loss or sold for salvage purposes, the true mileage cannot be
determined, the Vehicle Identification Number (VIN) has been altered and cannot be determined,
and/or the
Applicable covered vehicle components were previously replaced with used or salvaged
automobile parts.
Copyright ©2021 BMW of North America, Inc.
2/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
The BMW DCSnet Warranty Vehicle Inquiry (WVI) may not contain a corresponding Vehicle Comment that
identifies that one or more of the above non-eligible vehicle situations apply. In these cases, please use any
other resources that are available at your center to confirm the vehicle’s eligibility (for example, CARFAX®).
Always verify the correct engine serial number is installed in the vehicle. Enter the VIN into AIR and compare
the engine serial number to the engine serial number in AIR using “Vehicles Details”.
If the engine serial number does not match-
Create a TSARA TeileClearing Hotline case that includes or identifies the issues that could affect
the vehicle’s eligibility
Wait for a response before proceeding
Provide a picture of the engine serial number in the case
If it is determined the vehicle is non-eligible, or if you are uncertain of the vehicle’s eligibility, or you do not have
access to any other resources; please create a TSARA TeileClearing Hotline case that includes or identifies the
issues that could affect the vehicle’s eligibility and wait for a response before proceeding.
Non-Eligible Class Vehicles
Certain Class Members have opted out of this Settlement. Those Class Members are excluded and not
eligible for any of the corresponding Class benefits.
The non-eligible Class Vehicles have been updated with the following VIN-specific Vehicle Comment in the
DCSnet Warranty Vehicle Inquiry.
SI B11 02 21: The current owner/lessee of this Class Vehicle has opted-out of the Timing
Chain and Oil Pump Drive Chain Modules (N20, N26 Engines) Class Action Settlement. By
asking to be excluded, the owner/lessee of this vehicle are not eligible to receive any of
the Settlement Class benefits. The previous Timing Chain/Oil Pump Drive Chain Module
7/70 Limited Warranty Extension may apply if the Class Vehicle is still eligible.
If you have vehicle repair eligibility, coverage and/or claim submission questions, please contact the Warranty
department through IDS by selecting Coverage, Policy, Coding Questions and Mileage Corrections prior to
performing any repair.
Class Allegations
The plaintiffs in the lawsuit alleged that the timing chain and oil pump drive chain modules in certain MY 2012 to
MY 2015 BMW Class Vehicles’ are defective and could lead to sudden engine failure and a loss of power to the
vehicles.
BMW expressly denied any wrongdoing alleged in the complaint and does not admit or concede any actual or
potential fault, wrongdoing, or liability.
Nevertheless, the parties concluded that settlement was desirable in order to avoid the time, expense, and
inherent uncertainties of protracted litigation and to resolve, finally and completely, all pending and potential
claims related to this matter.
Settlement Class Vehicles (Beyond 7/70*)
US-specification BMW vehicles (listed above) that were purchased or leased, registered and operated, in the
United States, including the District of Columbia and Puerto Rico
Settlement Class Members (Who did not opt-out)
Settlement Class Members are persons or entities who:
1. Currently own or lease a Settlement Class Vehicle that was distributed for sale or lease in the United
States and registered and operated in the United States, including the District of Columbia and Puerto
Copyright ©2021 BMW of North America, Inc.
3/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
Rico; and those that
2. Formerly owned or leased a Settlement Class Vehicle that was distributed for sale or lease in the United
States, and registered and operated in the United States, including the District of Columbia and Puerto
Rico.
Class Action Service Benefit/Repair Program (Available as of June 30, 2021)
Limitation
For eligible Class Vehicles beyond 7/70, under the terms of this Settlement, only one
Prospective Repair Program repair per VIN is permitted (Diagnosis or Diagnosis/Repair),
although recovery under the Prospective Repair Program does not affect the Class Member’s
eligibility to recover under the Reimbursement Program (Refer to the attached notice for more
information, Page 5).
As determined by the vehicle’s original in-service date:
Up to one year after the Effective Date of the Settlement (June 30, 2021 to June 29, 2022):
Any Class Vehicle regardless of age (i.e., years in service) the Class Member’s Class Vehicle may be
eligible for full or partial coverage of the costs of these same future repairs if the vehicle has 100,000
miles or less and is taken to an authorized BMW Center for the repair.
This repair coverage will be scaled to the vehicle mileage
See the repair reimbursement matrix (bottom) provided on page 5 of the attached preliminary settlement
document and in the Warranty Information section below.
Or:
One year after the Effective Date of the Settlement (On or after June 30, 2022):
Full or partial coverage of the costs of future repairs the Class Member’s Class Vehicle timing chain
module, oil pump drive chain module, or engine (if damaged due to a failure of the timing chain or oil
pump drive chain modules) if the repair is performed at an authorized BMW Center and the Class Vehicle
has less than 8 years or 100,000 miles in service (whichever comes first).
Repair coverage will be scaled to the vehicle age and mileage
See the repair reimbursement matrix (top) provided on page 5 of the attached preliminary settlement
document and in the Warranty Information section below.
*Note: For eligible vehicles that have not exceeded the previous timing chain/oil pump drive chain
module 7/70 extended limited warranty coverage, please refer to SI B11 03 17.
Inquiries
The Claims Administrator will address questions related to the Reimbursement Benefit only.
Additional Information/Settlement Status Updates
Updates will also be posted to the settlement website (www.TimingChainModuleSettlement.com) as new
information becomes available.
PROCEDURE
Copyright ©2021 BMW of North America, Inc.
4/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
First, perform a DCSnet Warranty Vehicle Inquiry and review the Repair History (Claims) section to see if, and
when a one of the follow was performed and claimed prior:
A. Diagnosis only, repair procedure is not necessary Defect Code (DC) 11 31 91 01 00,
B. Diagnosis only, repair procedure is necessary but declined by the customer DC 11 31 91 01 00, or
C. Diagnosis and a repair procedure DC 11 31 91 01 00 and 11 31 90 04 00 (Matrix applies).
Note: Administrative claims for processing prior customer-pay repair reimbursements (sublet) are excluded.
Depending on the results of this review, as applicable:
For eligible Class Vehicles that are beyond the 7/70 limited warranty extension, under the terms of this
Settlement, only one Prospective Repair Program repair per VIN is permitted (Diagnosis or
Diagnosis/Repair).
For frequently asked questions go to the TIS.Net Advanced Information, search for “N20 and N26 Timing Chain
and Oil Pump Chain FAQ”.
1. Checking the chain modules for wear.
Connect the vehicle to ISTA and perform a vehicle test.
Select “Vehicle management”
Select “Troubleshooting”
Select “Function structure”
Select “Powertrain”
Select “Engine electronics, quality control valve (MSV)”
Select “Valve gear”
Select “Start search”
From the list of available test plans, select “VANOS solenoid valve, exhaust” or “Exhaust Camshaft Sensor”
Select “Continue”
Select “VANOS Solenoid Valve”
Select “Display”
Select “Continue test module” and “Next”
Select “Timing chain test” and follow the steps to complete the test plan.
If the test plan asks, “Solenoid valves ok?” Select “Yes”.
Follow the test plan steps to check the timing chain.
Test plan will conclude with one of the following:
If the test plan results indicate the timing chain is not stretched (“OK”), then go to step 2.
Or
If the test plan results indicate "The timing change can only be mechanically checked on this
vehicle",
then go to step 2.
Or
If the test plan results indicate "Program the vehicle with the current I- Level.' Then go to step 2
Do not program the vehicle or disassemble the engine.
Or
If the test plan results indicate the timing chain is stretched (“not OK”), then go to step 6.
2. Go to the IMIB Next screen and open the
”IMIB MA” application (1).
Copyright ©2021 BMW of North America, Inc.
5/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
3. After the IMIB MA application opens
then return to ISTA and continue diagnosis.
The test plan “Evaluating the drive chain
for the oil pump” will not operate if the IMIB
MA application is not open yet.
4. Proceed to the “Evaluating the drive chain for the oil pump” test plan using the following path:
Select – “Service functions”
Select – “Powertrain”
Select – “Engine electronics MEVD”
Select – “Evaluating the drive chain for the oil pump”
Follow the test plan steps. Thoroughly read the test plan directions to avoid repeating work.
Install the following special tools onto the engine:
Measuring adaptor special tool P/N
2405341 (1)
Measuring adaptor tip (2)
Sensor cable (3)
Adjustable joint (4)
Frequency sensor (5)
7-pin IMIB cable connection (6)
Frequency sensor mounting bolt and
spacer sleeve special tool P/N
5A1FAD0
Mounting bolt (1)
Copyright ©2021 BMW of North America, Inc.
6/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
Spacer sleeve (2)
For additional information about this tool
refer to SI 04 02 21.
Tool set up and installation onto the engine:
Remove the measuring adaptor tip (4)
Install the spacer sleeve and mounting
bolt (3) through the frequency sensor
(2).
Remove the acoustic engine cover.
Locate the empty M8 threaded hole (1)
in the cylinder head adjacent to the oil
filter housing.
Install the frequency sensor with
mounting bolt into the M8 hole (1).
Route the wire between the oil filter
housing and intake manifold (2) to avoid
damage to the tool.
IMPORTANT!
Torque the mounting bolt to 21.5 Nm
(3).
Connect the 7 pin AUX measuring cable
to the end of the measuring adaptor tool
(4).
Copyright ©2021 BMW of North America, Inc.
7/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
The 7 pin AUX measuring
cables cable part number is 81 31 2 468
790.
See 7 pin AUX measuring cable
overview below.
7 pin AUX measuring cable overview:
BMW Part Number - 81 31 2 468 790 –
This 7 pin cable was sent with IMIB R2.
Cable end colors: Yellow and Green
Label Description on the Cable:
AVL SN 2297
BV8066 V2
K101834 AIDH
OR
No BMW Part Number – This 7 pin
cable was sent with IMIB.
Cable end colors: Yellow and Brown
Label Description on the Cable:
SIEMENS AUX1
A5E01034069
ES 02 09/08
Connect the IMIB 100 AMP clamp (1) to
the red/green wire of ignition coil #1 (2).
P/N 81 31 2 468 784
Or
P/N 81 31 2 344 255
IMIB and vehicle overview:
Frequency sensor installed (1).
Copyright ©2021 BMW of North America, Inc.
8/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
100 AMP clamp installed (2).
IMIB next with tablet placed on a table
or cart in front of the vehicle (3).
IMIB Next connect to the network via
LAN (4).
Connect the frequency sensor 7 pin
AUX cable to port 2 on the IMIB next
(1).
Connect the 100 AMP clamp 7 pin cable
to port 3 on the IMIB next (2).
Note:
The test plan can be performed and measured from the IMIB Next with tablet at the same time, this will require
less equipment connections.
Or
The test plan can be run from another tablet or lap top device.
The tablets or laptops should be connected via LAN to the network. Connecting via WIFI may lead to connectivity
issues when using the test plan.
Read the procedure steps in the test plan very carefully. Following the sequence of the on-screen instructions
will lead to the best efficiency.
Refer to the attached video for a general description of how the diagnosis will occur.
5. Test plan will conclude with the statement “The oil pump chain is OK” or “The oil pump chain is not OK”.
If the test plan results indicate the oil pump chain is OK, then take no further action.
Or
If the test plan results indicate the oil pump chain is not OK, then go to step 6.
Or
If the results of the test plan are inconclusive or the engine is inoperable:
Refer to the N20/N26 Timing/Oil Pump Drive Chain Diagnosis Checklist. This checklist will provide
instructions to create and describe the vehicle situation in the case. Reviewing this checklist prior to creating
Copyright ©2021 BMW of North America, Inc.
9/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
and submitting the case will increase the case response efficiency. Always provide pictures or videos where
possible to help describe the issue.
Do not fill out the checklist and attach it to the case. The details described in the checklist must be typed into the
case description fields.
Create a TSARA Hotline case with “N2X Chain Issues” in the subject line.
Submit the TSARA Hotline case and wait for a response.
6. Replace the timing/oil pump chains module as per Premium Repair Instruction 11 31 054 “Replacing timing
chain and chain module for oil pump N20, N26”.
Note: Step number 45 of Preliminary Works, “Installing and removing or replacing chain tensioner piston”
(included in Repair Instruction 11 31 054), specifically states to release the screws for the wastegate
actuator and to raise up the unit slightly to gain access to the chain tensioner.
This instruction will avoid wastegate actuator and turbocharger removal. Do not remove the entire
wastegate actuator and or the turbocharger for any reason while replacing the engine oil pump drive chain
module, timing chain, timing chain tensioner, slide rail, tensioning rail and guide rail.
Checking and adjusting the wheel alignment is NOT needed when performing this repair procedure.
Change the engine oil and filter.
.
Oil Pump Chain Module Overview
Replace item #1 in the illustration.
Item #1 Chain drive includes the gears, chain
and tensioning device.
The bolts are reusable as per the applicable
repair instructions.
These parts are found in the new parts kit
P/N 11 31 5 A19 AA2. See Parts Information.
Timing Chain Module Overview
Replace the following components in the
illustration.
#1 – Timing chain
#2 – Chain tensioner and guide rail
#3 – Slide rail
#4 – Sprocket
#5 – Chain tensioner with seal
These parts are found in the new parts kit
P/N 11 31 5 A19 AA2. See Parts Information.
Important Repair Instruction Information:
Copyright ©2021 BMW of North America, Inc.
10/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
When the high-pressure line connections (1)
are released, then the line (2) must be
replaced.
This high-pressure line must be replaced and
cannot be re-used.
Refer to Repair Instruction 13 53 180 “Replace
pressure line” for more details.
Refer to ETK using the VIN of the vehicle the
proper part number.
PARTS INFORMATION
Please refer to the weekly Parts Matrix for ordering information. P/N 11 31 5 A19 AA2 is kit part number
consisting of many parts.
Part Number
11 31 5 A19 AA2
Refer to EPC
Refer to EPC
Refer to EPC
Refer to EPC
Description
Set Timing Chain (Kit)
The Kit includes (Do not order these parts separately):
Chain drive for oil pump
Timing chain
Chain tensioner and timing chain guide rail
Sprocket for crankshaft
Timing chain slide rail
Chain tensioner with gasket ring
Collar screw
Gasket set, cylinder head cover
Seal flange for VVT motor
Crankshaft Collar Screw
Bearing bolts for the guide rails
Oil pump collar screws
Screw plugs with gasket rings
Fuel feed line
Profile gasket oil sump
Engine oil filter kit
Washer – Manual transmission vehicles only – Enter the
vin number into ETK to determine the requirement.
Quantity
1
1
1
1
1
(if applicable)
Refer to the ETK and the applicable repair instructions for other one-time use fasteners and/or component
information regarding additional or replacement screws, gaskets, and seals that need to be installed and
claimed.
Bulk Materials - Sublet
Part Number (P/N)
Billing P/N (10ths)
See SI B11 01 21
N/A
Description
Engine oil (0W-30 - 6 x 1 Liter
case)
Quantity
Up to 6 liters
Or:
See SI B11 01 21
Engine oil (0W-30 – 209-liter
drum)
Up to 5.3 liters
Copyright ©2021 BMW of North America, Inc.
11/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
Or:
See SI B11 01 21
See SI B11 01 21
Engine oil (0W-30 – Tank
Delivery- Liters
Up to 5.3 liters
And:
82 14 1 467 704
N/A
Antifreeze*
As needed
*Replacing drained quantity with a 50/50 antifreeze/water solution.
WARRANTY INFORMATION
For eligible vehicles that have not exceeded the previous engine timing chain/oil pump drive chain module 7/70
extended limited warranty coverage, please refer to SI B11 03 17.
For eligible vehicles beyond 7/70 limited warranty extension, qualifying N20 and N26 vehicle’s timing chain
module, oil pump drive chain module, or consequential engine replacement repairs are covered under the terms
of the applicable CPO coverage.
Eligible Class Vehicles that are beyond the 7 year/70,000 Mile Extended Limited Warranty (B11 03 17)
and/or are without or have expired CPO coverage
Class Members’ Class Vehicles’ timing chain and oil pump drive chain modules (N20, N26) and the engine (if
damaged due to a failure of the timing/oil pump drive chain module) have the component-specific coverage
described below.
This applies to eligible US-specification BMW Class Vehicles (noted above that were produced up to the end
of February 2015) that are registered, operated, and have their covered repair performed by an authorized
BMW center in the United States (including Puerto Rico).
Limitation
For eligible Class Vehicles beyond 7/70, under the terms of this Settlement, only one
Prospective Repair Program repair per VIN is permitted (Diagnosis or Diagnosis/Repair),
although recovery under the Prospective Repair Program does not affect the Class Member’s
eligibility to recover under the Reimbursement Program (Refer to the attached notice for more
information, Page 5).
As stated in the Important Note in the Situation section above, the service (repair) benefit that is provided by
this settlement is subject to the corresponding vehicle eligibility requirements, limitations, and exclusion criteria
that apply to all repairs that will result with a claim submission to BMW.
The existing limited warranty coverage for the whole vehicle and other components has not changed.
Non-Qualifying Repairs
Repairs performed on ineligible vehicles including non-registered, eligible vehicles operated and repaired
outside the United States and Puerto Rico and/or the diagnosis and repair of other unrelated issues. This
exclusion also applies to repairs that were performed using (including those repairs that result from using) nongenuine BMW parts and/or used BMW passenger car or light truck parts.
Qualifying Repairs Claim Submissions (as determined by the vehicle’s original in-service date)
Claim the applicable work with the Defect Code(s) and labor operations provided below that apply.
DC 11 31 91 01 00 - Diagnosis (100 Percent, one-time, Work Package # 1, 2, 3, 4, 5 or 6)
Within the following coverage limits below that apply to the eligible Class Vehicle, the timing chain and oil pump
drive chain module diagnosis is coverage at 100 percent, one time only.
Copyright ©2021 BMW of North America, Inc.
12/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
Up to one year after the Effective Date of the Settlement (June 30, 2021 to June 29, 2022):
Up to and including the first 100,000 miles,
eligible vehicle’s age (years in service)
regardless of the
Or:
One year after the Effective Date of the Settlement (On or after June 30, 2022):
Up to the first 8 years or 100,000 miles in service (whichever comes first).
Defect Code:
1131910100
E84 E89 F1x F2x F3x N20 N26 US Engine Timing Chain
and Oil Pump Drive Chain Modules Diagnosis
Effective Immediately: The new Diagnosis DC 11 31 91 01 00 (above) now replaces the prior Diagnosis
DC 11 31 90 03 00 for claim submission.
Only one Main labor operation can be claimed per workshop repair visit (one or more claim submissions, if
applicable).
Plus work
Main
work
The vehicle is already in the workshop for another repair.
The vehicle arrives at your center for the issue and repair work covered under the
terms and conditions described in this bulletin (No other Main work will be
performed/claimed during this workshop visit).
No Repair is Necessary
The vehicle is connected and diagnosed with the elongation test plan – Result Passed – Continue with
diagnosis with frequency test – Result Passed
Work Pkg
Labor Operation Description
Labor Allowance
#1
00 70 994
Diagnosis Timing Chain and Diagnosis Oil
Pump Chain (Results are OK, no parts
replacement required) (Plus work –
Vehicle already in the workshop)
Or:
---
---
---
#2
00 70 432
Diagnosis Timing Chain and Diagnosis Oil
Pump Chain (Results are OK, no parts
replacement required) (Main work)
10 FRU
8 FRU
Claim Repair Comments (WP 1 or 2)
Only reference the SIB number, the work package (Pkg) number performed and the results in the RO technician
notes and in the claim comments (For example: B11 02 21 WP 1 or WP 2, No repair is required), unless
otherwise required by State law.
And, if the:
Results of the Test Plan are Inconclusive, or the Engine is Inoperable
Labor Operation Description
Labor Allowance
00 58 677
Refer to AIR
Submit the TSARA Hotline case and wait for a response
Claim Repair Comments (TSARA Hotline Case-Related)
Copyright ©2021 BMW of North America, Inc.
13/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
Reference the case and any work procedures that were performed per their instruction and the results.
Or, a:
Repair Procedure is Necessary based on one of the Diagnosis Procedures below
The vehicle is connected and diagnosed with the elongation test plan only – Result Failed (Perform repair under
DC 1131900400 and the apply matrix)
Work Pkg
Labor Operation Description
Labor Allowance
#3
00 70 995
Vehicle test, measuring timing chain for
elongation test plan (Result is NOT OK for
the timing chain, parts replacement
5 FRU
required) (Plus work – Vehicle already in
the workshop)
Or:
---
---
00 70 433
Vehicle test, measuring timing chain for
elongation test plan (Result is NOT OK for
7 FRU
the timing chain, parts replacement
required) (Main work)
#4
---
Or, a:
The vehicle is connected and diagnosed with the elongation test plan – Result Passed – Continue with
diagnosis with frequency test – Result Failed (Perform repair under DC 1131900400 and the apply matrix)
Work Pkg
Labor Operation Description
Labor Allowance
#5
00 70 994
Diagnosis Timing Chain and Diagnosis Oil
Pump Chain (Result is NOT OK for the oil
pump chain, parts replacement required) 8 FRU
(Plus work – Vehicle already in the
workshop)
Or:
---
---
00 70 432
Diagnosis Timing Chain and Diagnosis Oil
Pump Chain (Result is NOT OK for the oil
10 FRU
pump chain, parts replacement required)
(Main work)
#6
---
Claim Repair Comments (WP 3, 4, 5 or 6)
Only reference the SIB number, the work package (Pkg) number performed and the results in the RO technician
notes and in the claim comments (For example: B11 02 21 WP 3, 4, 5 or 6, repair required), unless otherwise
required by State law.
Or, the:
Repair is necessary (Matrix applies) but the Repair Procedure was Declined by the Customer
Under the diagnosis DC 11 31 91 01 00, in the RO technician notes and in the claim comments, reference this
SIB number and the work package number performed (#3, 4, 5 or 6) and include the following statement,
unless otherwise required by State law:
Copyright ©2021 BMW of North America, Inc.
14/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
The repair procedure specified and recommended by the timing/oil pump drive
chain diagnosis was declined by the owner, operator, or customer.
Include any other additional information as necessary.
Important note: Going forward, for those vehicles with a customer declined repair situation, the repair that
was originally specified by the diagnosis, or a related expanded scope repair that now may be required is not be
claimable.
Or:
Repair is Necessary and Performed
Up to one year after the Effective Date of the Settlement (SI B11 02 21)
From June 30th, 2021, to and including June 29th, 2022 (Repair order/claim date – see
below)
Vehicles still within 70,000 miles and 7 years in service
Refer to SI B11 03 17 (100%)
Or, for those vehicles that are beyond the 7/70 coverage, apply the Matrix below to the Associated Work/Repair
Procedure
DC 11 31 90 04 00 - Associated Work/Repair Procedure is Required after Diagnosis (also
one-time)
Class
More than 7 Years in Service
BMW’s
Vehicle Mileage, and with
Member’s
as applicable below
Contribution
Contribution
Up to 70,000 miles
100%
0%
From 70,001 to 80,000 miles The time (age) limits after 7
75%
25%
From 80,001 to 90,000 miles years are not applicable to repair
55%
45%
RO/Claim dates up to and
From 90,001 to 100,000
40%
60%
including June 29th, 2022
miles
Over 100,000 miles
Not Eligible for Relief
Then, for ROs/Claims dated on or after June 30th, 2022:
One year after the Effective Date of the Settlement (SI B11 02 21)
On or after June 30th, 2022 (Repair order/claim date – see below)
Vehicles still within 70,000 miles and 7 years in service
Refer to SI B11 03 17 (100%)
Or, for those vehicles that are beyond the 7/70 coverage, apply the Matrix below to the Associated Work/Repair
Procedure
DC 11 31 90 04 00 - Associated Work/Repair Procedure is Required after Diagnosis (also
one-time)
More than 7 Years in Service,
Class
BMW’s
Vehicle Mileage, and with
also apply the corresponding
Member’s
Contribution
time (Age) limit listed below
Contribution
From 70,001 to 80,000
And more than 7 years (84 mos)
miles, or less than 70,000
and less than 8 years (96 mos)
75%
25%
miles
in service
From 80,001 to 90,000
And less than 8 years (96 mos)
55%
45%
Copyright ©2021 BMW of North America, Inc.
15/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
miles
From 90,001 to 100,000
miles
Over 100,000 miles
in service
And less than 8 years (96 mos)
in service
Or over 8 years or more in
service
40%
60%
Not Eligible for Relief
As an additional RO line item:
Defect Code:
E84 E89 F1x F2x F3x N20 N26 Engine Timing Chain and
Oil Pump Drive Chain Modules Repair (Matrix applies)
1131900400
Qualifying Repairs - Claim Submission (Labor/Parts/Sublet at the Matrix’s Reimbursement Percentage
that applies)
Labor Operation Description (Associated work)
00 62 987
Replace the oil pump chain module and the timing chain
module (includes changing the engine oil and filter)
(checking and adjusting the wheel alignment is NOT
needed) (Plus work – Vehicle already in the workshop)
Labor
Allowance
Refer to AIR
Refer to AIR for the corresponding flat rate unit (FRU) allowances.
And, as needed:
Sublet – Bulk Materials (RO and Claim Comments Required)
See the sublet
Sublet Code
reimbursement
4
calculations below
Reimbursement for the repair-related bulk materials (Do not
use the BMW part numbers for claim submission)
Sublet reimbursement calculation for claiming the applicable repair-related bulk materials (BMW part numbers)
is at the dealer net price amount for the quantities used plus your center’s handling.
BMW Antifreeze/Coolant: Claim the corresponding sublet dollar amount for the quantity needed to replace what
was drained with a 50/50 coolant/water solution.
Enter this material cost in sublet and itemize the amount on the repair order and in claim comment section.
The BMW parts that were replaced to perform the required corresponding repair procedure are covered
against defects in materials or workmanship for two years (2) unlimited mileage (Refer to this SIB and the prior
repair claim on the RO and the claim comments.
Alternate Transportation Procedure - Timing Chain and Oil Pump Drive Chain Module Repair Related
If a vehicle that is covered by this Class Action requires a timing chain/oil pump chain replacement, BMW NA
will cover the cost of up to 3 days car rental.
Where possible, please schedule these repairs early in the week. BMW NA will not pay any
expenses for weekend car rental days (Monday through Friday only).
Car rentals related to diagnosis only cases (no repair required) will not be reimbursed.
Prior AAM Field Authorization (FAS) is not required.
A rental car is purely a goodwill gesture and is not part of the Class Action Settlement.
Copyright ©2021 BMW of North America, Inc.
16/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
Please refer to the attachment for more information including the per-day car rental allowance.
Alternate Transportation Procedure - Backordered Repair-Related Parts
For part backorder situations that are directly related to a repair that is covered by this Class Action, SI B01 15
21 (BMW Alternate Transportation Measures: AMP and Rental Vehicles) for part supply-related car rental
requests with prior Aftersales Area Manager (AAM) Field Authorization would then apply as outlined in this
bulletin.
Consequential Repair(s) (RO and Claim Comments Required)
When additional work and/or parts are required as a direct result of addressing the issue and/or performing the
repair outlined in this Service Information bulletin:
Claim the corresponding items under the Defect Code for the diagnosis labor (100 percent) and/or the Defect
Code for the repair (Reimbursement Matrix applies) as applicable.
Explain the reason for this consequential repair work (the why and the what) on the repair
order and in the claim comments section.
Based on which one applies to your center, please refer to SI B01 01 20 or B01 07 20 for claiming your
diagnosis work time, job/repair work time (WT), RO/Claim WT and/or repair explanation procedures, unless
otherwise required by State law.
BMW Maintenance Program (In conjunction with a Timing/Oil Pump Drive Chain Repair)
If the vehicle has an active maintenance program and the Engine oil Service task shows Recommended, Due
or Bundling Eligible (BE), then:
Perform the Engine oil Service task; and
Reset the CBS data.
Create an additional RO line item to perform and claim the maintenance task Standard Scope (Main flat rate
labor operation code 00 00 105 under DC 85 99 05 01 MP).
Claim and submit for only the engine oil and filter part numbers under the BMW Maintenance Program engine
oil service Defect Code
Be sure to also perform and claim any other required connected maintenance service tasks.
Claim the timing/oil pump drive chain module diagnosis and repair-related work tasks using the Plus
code operations.
QUESTIONS REGARDING THIS BULLETIN
Technical inquiries
Warranty inquiries
Parts inquiries
Submit feedback at the top of this bulletin
Please contact the Warranty department by either using the Live Chat that’s
available in the Warranty Documentation Portal or through IDS by selecting
Coverage, Policy, Coding Questions and Mileage Corrections
Submit an IDS ticket to the Parts Department
Supporting Materials
picture_as_pdf B110221 N20_N26 TC Gelis v BMW_CF_Notice.pdf
picture_as_pdf B110221 Timing Chain Class Action_Rental.pdf
Videos
Copyright ©2021 BMW of North America, Inc.
17/18
9/23/21, 10:26 AM
11 02 21_CLASS ACTION SETTLEMENT: N20/N26 TIMING/OIL PUMP DRIVE CHAIN DIAGNOSIS / REPAIR
11 01 21
Copyright ©2021 BMW of North America, Inc.
18/18
Attachment to SI B11 02 21
July 2021
United States District Court
for the District of New Jersey
Gelis Claims Administrator
c/o Rust Consulting ‐ 7080
PO Box 14
Minneapolis, MN, 55440‐0014
FOR OFFICIAL USE ONLY
IMPORTANT LEGAL MATERIALS
01
*clmnt_idno*
UAA <>
<> <>
<>
<>
<> <>
<>
<> <>
<>
<>
<> <> <>
<>
Page 1 of 2
Claimant Identification Number:
<>
If you are a current or former owner or lessee of a model-year 2012 to 2015 BMW vehicle, you could get benefits from
a class-action settlement.
A federal court has authorized this notice. This is not a solicitation from a lawyer.
•
A nationwide settlement has been reached in a class action lawsuit against BMW of North America, LLC,
entitledGelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC, Civil Action
No. 2:17cv-07386, involving the timing chain and oil pump drive chain modules in certain model-year 2012 to 2015
BMW vehicles.
•
The Settlement provides an opportunity to be reimbursed for certain past expenses and covered for certain
futurerepairs.
SAMPLE
*7080*
*CF*
*RUST*
This form must be submitted or postmarked on or within 30 days of the Effective Date, currently estimated to be no earlier than
March 18, 2021. Please see the settlement website to find out if the Effective Date has changed.
CLAIM FORM TO RECEIVE REIMBURSEMENT FOR ELIGIBLE PAST EXPENSES IN
GELIS v. BMW OF NORTH AMERICA, LLC
Complete this form only if you wish to make a claim for reimbursement for
eligible past expenses available under the Settlement.
PLEASE TYPE OR PRINT LEGIBLY
You must supply all of the following information in order to obtain reimbursement for
eligible past expenses under this Settlement.
Name:
Address:
City:
Email address:
BMW Model Year: 20
Vehicle Identification Number:
Model:
(example: 528i)
(The VIN is 17 characters and can be found on the metal plate at the bottom of the driver’s side front windshield or on your sale
or title documents.)
Date of Purchase/Lease:
/
/
CLAIMANT DECLARATION
I declare under penalty of perjury that the information above and the documents I have supplied are true and correct.
Signed On:
/
/
(DD/MM/YYYY)
in
,
(City)
(State)
(Sign your name here)
(Type or print your name here)
(Capacity of person signing ‐ if applicable)
YOU MAY BE ELIGIBLE FOR THE FOLLOWING REIMBURSEMENTS FOR PAST EXPENSES PROVIDED UNDER THE SETTLEMENT:
A. If repairs were performed at an authorized BMW Center, costs (parts and labor) to repair or replace the timing chain module,
oil pump drive chain module, or replace the engine (if damaged due to timing chain or oil pump drive chain failure) will be
reimbursed in accordance with the Reimbursement Chart set forth on the Class Notice at Item 6.
B. If repairs were performed at an independent service center, costs (parts and labor) to repair or replace the timing chain module,
oil pump drive chain module, or replace the engine (if damaged due to timing chain or oil pump drive chain failure) will be
reimbursed in accordance with the Reimbursement Chart set forth on the Class Notice at Item 6 up to $3,000.00 for repairing
or replacing one failed timing chain module and/or oil pump drive chain module.
C.
If repairs were performed at an independent service center, costs (parts and labor) to repair or replace the timing chain module,
oil pump drive chain module, or replace the engine (if damaged due to timing chain or oil pump drive chain failure) will be
reimbursed in accordance with the Reimbursement Chart set forth on the Class Notice at Item 6 up to $7,500.00 for replacing
the engine if damaged due to a failure of the timing chain module and/or oil pump drive chain module.
Page 2 of 2
PLEASE COMPLETE THIS CLAIM FORM ONLY IF YOU ARE
SEEKING ANY OF THE REIMBURSEMENT BENEFITS LISTED ABOVE.
PLEASE SEE QUESTIONS 6 THROUGH 8 ON THE NOTICE FORM, OR SECTION III OF THE SETTLEMENT AGREEMENT, FOR MORE
INFORMATION AND LIMITATIONS.
CLAIMS FOR REIMBURSEMENT FOR PAST EXPENSES
To obtain reimbursement for costs for replacing one (1) failed timing chain module, one (1) failed oil pump drive chain module, or one
(1) failed engine if damaged due to a failure of the timing chain and/or oil pump drive chain modules, you must submit documents
showing:
a.
Whether the repair or replacement was made at an authorized BMW dealer (e.g., a BMW Center), or at a third‐party repair shop;
and
b.
Your Settlement Class Vehicle’s model, model year, and VIN; and
c.
The identity of the owner/lessee of the Settlement Class Vehicle at the time of repair (such as a true copy of a vehicle title,
registration, or license receipt); and
d.
That your Settlement Class Vehicle had fewer than 8 years and 100,000 miles (whichever comes first) at the time of the repair, as
evidenced by a repair order with vehicle mileage from the entity that performed the repair or replacement, or service records
from before and after the repair or replacement; and
e.
The cost of repair, with parts and labor separated; and
f.
Proof of payment for the amount(s) sought for reimbursement (credit‐card receipt, credit‐card statement, or cancelled check);
and
g.
The nature of the repair; and
h.
The part(s) description and part(s) numbers used in the repair; and
i.
The date of repair; and
j.
Evidence of adherence to regular oil changes in accordance with the Class Vehicle’s Condition Based Service Indicator. Documents
evidencing your adherence to the relevant aspects of the vehicle maintenance schedule during the time you owned the vehicle
are required, in particular, scheduled oil changes up to the date/mileage of replacement/repair, within a variance of 1,000 miles
of the scheduled time or mileage maintenance requirements. However, if you cannot obtain maintenance records despite a good
faith effort to obtain them, you may submit a declaration under penalty of perjury detailing what efforts you made to obtain the
records, who you communicated with and when, why the records were not available, and attesting to adherence to the
maintenance schedule and, in particular, scheduled oil changes up to the date/ mileage of the replacement/repair, within the
variance set forth above.
COMPLETED CLAIMS FORMS CAN BE SUBMITTED BY MAIL OR ONLINE.
IF YOU ARE SUBMITTING THIS FORM BY MAIL, COMPLETE THIS CLAIM FORM AND MAIL IT, POSTMARKED ON OR BEFORE THE LATER
OF 30 DAYS AFTER THE DATE OF FINAL APPROVAL OF THE SETTLEMENT OR THE EFFECTIVE DATE OF THE SETTLEMENT, TO BE POSTED
ON THE SETTLEMENT WEBSITE BUT ESTIMATED TO BE MARCH 18, 2021 TO:
Gelis Claims Administrator c/o
Rust Consulting ‐ 7080
PO Box 14
Minneapolis, MN, 55440‐0014
IF YOU ARE SUBMITTING THIS FORM ONLINE, COMPLETE AND SUBMIT THE CLAIM FORM AVAILABLE AT WWW.
TIMINGCHAINMODULESETTLEMENT.COM ON OR BEFORE THE LATER OF 30 DAYS AFTER THE DATE OF FINAL APPROVAL OF THE
SETTLEMENT OR THE EFFECTIVE DATE OF THE SETTLEMENT, TO BE POSTED ON THE SETTLEMENT WEBSITE BUT ESTIMATED TO BE
MARCH 18, 2021.
QUESTIONS? CALL TOLL‐FREE (866) 411‐6985 OR VISIT www.TimingChainModuleSettlement.com
United States District Court for the District of New Jersey
If you are a current or former owner or lessee of a model-year 2012 to 2015 BMW vehicle,
you could get benefits from a class-action settlement.
A federal court has authorized this notice. This is not a solicitation from a lawyer.
•
A nationwide
settlement
has
been reached in
a
class action lawsuit against BMW
of
North America,
LLC, entitled Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft and
BMW of North America, LLC, Civil Action No.
2:17-cv07386, involving
the
timing chain and
oil
pump drive chain modules
in
certain
model-year
2012 to
2015 BMW vehicles.
•
The Settlement
expenses
provides
an
and
covered for
•
Your legal rights are affected whether you act or don’t act, so please read this notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT:
SUBMIT A CLAIM FORM
EXCLUDE YOURSELF
OBJECT
GO TO A HEARING
opportunity
to
be
certain future repairs.
Make a
claim to
receive reimbursement for
eligible past
expenses
potentially
available
to
you
under the
Settlement.
reimbursed
for
Claims must be
by
the
thirty (30)
the
date
Approval
Settlement
certain past
submitted
later of
days after
of
Final
of
the
or
the
Effective
Date of
the
Settlement,
to
be
posted on
the
Settlement
Website
but
estimated
to
be
March 18, 2021.
See Question 8, below.
Requests
for
Exclusion
must be
postmarked
by
January 19, 2021.
See Question 12,
below.
Write to
Settlement
Class
Counsel
and
Defendant’s
Counsel
to
exclude yourself
from (“opt out”
of)
the
Settlement.
This is
the
only
option that
allows you
to
be
part
of
any
other lawsuit, or
your own
lawsuit,
against BMW of
North
America
about the
legal claims released
in
this
Settlement.
Write to
the
judge about Objections
must be
why
you
do
not
postmarked
by
like
the
Settlement.
January 19, 2021.
See Question 17, below.
Ask
to
speak in
court The
Final Approval
to
the
judge about
Hearing is
currently
the
Settlement.
scheduled
for
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
1
-
February 16, 2021.
See Questions 19 to 21, below.
DO NOTHING
•
These
in
•
The Court in
Settlement
settlement
See Question 22, below.
up
the
benefits to
which you
may
be
entitled under the
Settlement
and
your
right to
be
part
of
any
other
lawsuit against BMW of
North
America
about the
legal
claims released
by
the
Settlement
(but
not
your right to
future repairs under the
prospective
repair
program,
explained
below).
options -and the deadlines to exercise them
-are
explained
Give
rights and
this
notice.
charge of
this
case
still
must decide whether to
approve the
before any benefits can be distributed.
Please be
patient and
check the
website for
updates.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION
1.
2.
3.
4.
Why
What
Why
Why
have
is
is
is
I
the
this
there
PAGE 3
received
this
notice?
lawsuit about?
a
class action?
a
Settlement?
WHO IS IN THE SETTLEMENT
5. How
are
do
I
included
know
in
PAGE 3-4
if
the
I
am
Settlement?
part
of
the
Settlement?
THE BENEFITS: WHAT YOU GET
6. What
7. What
are
am
the
I
do
if
will
I
my
I
benefits of
giving up
the
in
Settlement?
exchange
for
the
Settlement
I
I
I
do
get
claim
get
the
for
the
benefits of
benefits is
benefits?
the
Settlement?
denied?
exclude myself from
exclude myself, can
don’t exclude myself,
I
exclude myself
this
I
can
from
PAGE 6
Settlement?
get
anything
I
sue
later?
the
Settlement?
THE LAWYERS REPRESENTING YOU
15. Do
I
have
benefits?
PAGE 6
EXCLUDING YOURSELF FROM THE SETTLEMENT
11. Can
12. If
13. If
14. How
vehicles
PAGE 4-5
HOW TO GET BENEFITS
8. How
9. What
10. When
What
a
lawyer in
from
this
Settlement?
PAGE 7
the
case?
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
2
-
16. How
will
the
lawyers be
paid?
OBJECTING TO THE SETTLEMENT
17. How
do
18. What’s the
I
tell
difference
PAGE 7-8
the
Court if
I
between
objecting
don’t
and
like
the
excluding?
Settlement?
THE COURT’S FINAL APPROVAL HEARING
19. When
20. Do
21. May
and
I
I
where will
need to
speak at
the
go
the
PAGE 8 - 9
Court decide whether to
to
the
hearing?
hearing?
approve the
Settlement?
WHAT IF I DO NOTHING?
9
22. What
happens
PAGE
if
I
do
nothing?
GETTING MORE INFORMATION
9
23. Can
A
I
get
more
PAGE
details about
the
Settlement?
Court has
authorized
this
notice because you
have a
right
the
proposed
settlement
of
this
class-action
lawsuit, and
the
Court decides whether to
give
“final approval”
to
the
This notice explains
the
lawsuit, the
proposed
Settlement,
rights.
You
have received
this
notice because BMW of
records indicate that
you
are
a
current or
former owner or
or
more of
the
following
vehicles
purchased
or
United States, including
the
District of
Columbia
and
Puerto
Vehicles”):
Model Description
Model Years
X1
SAV
2012-2015
X3
SAV
2013-2015
X4
SAV
2015
Z4
2012-2015
228i
Coupe, Convertible
2014-2015
320i
Sedan
2012-2015
328i
Sedan, Sports Wagon, Gran
Turismo
Coupe, Convertible,
Gran
Coupe
Sedan
2012-2015
428i
528i
to
know about
your options, before
Settlement.
and
your legal
North America’s
lessee of
one
leased in
the
Rico (“Class
2014-2015
2012-2015
*Model Years are not fully indicative of actual vehicles, which will depend on production ranges.
Judge Cathy L.
Waldor of
the
United States District Court for
Jersey is
overseeing
this
class-action
lawsuit, captioned
Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC, Civil
(the
“Action”).
Artem V.
Gelis, Bhawar Patel, Robert
Olson, Gregory
Heyman,
Susan Heyman,
Debra P.
Martinez,
Amanda
Gorey, Chris Williams,
Ashok Patel,
Gagnon,
Michael
Cerny, Maria Meza, Andre Malske, Nicole Guy,
Turner, and
Eric
T.
Zinn, the
people who
sued, are
the
District of
New
as
Gelis,
et
al.
v.
Action No.
2:17-cv-07386
McDonald,
James V.
Ward, Darrian Stovall, Alex
Kenneth
David Richardson,
Stacey
called the
“Plaintiffs,”
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
3
-
and
the
called the
“Defendant.”
company
that
was
sued,
BMW of
North America,
LLC,
is
and
oil
pump
sudden engine failure
North America,
the
U.S., denies
products.
drive chain
and
loss
which
these
2. What is the lawsuit about?
This
lawsuit alleges
modules
of
power
distributes
allegations
that
are
to
and
and
the
Class Vehicles’
timing
defective
and
could lead
the
vehicles.
BMW
warrants
BMW vehicles
stands behind and
supports
chain
to
of
in
its
3. Why is this a class action?
In
a
class action, one
or
on
behalf of
people who
“Class” or
“Class Members.”
Class Members,
except for
of)
the
Class.
The
Plaintiffs
identified
above.
have been identified
as
more
have
people called “Class Representatives”
similar claims. All
of
these people
One
court resolves
the
issues
those who
timely exclude themselves
from
Class Representatives in
the
Action are
You
have received
this
notice
potentially
being a
Class Member.
assert claims
are
the
for
all
(“opt out”
the
because you
4. Why is there a Settlement?
All
parties have agreed to
a
Settlement
to
avoid further
a
trial, and
so
that
the
people affected can
begin getting
for
releasing
the
Defendant
from liability for
the
claims
could have been raised in
the
Action involving
the
Class
with the
timing chain and
oil
pump drive chain modules. The
mean that
BMW of
North America
broke any
laws, or
anything
wrong, because
Judge Waldor did
not
decide which side
was
right.
The
the
lawyers representing
them think the
Settlement
is
for
the
Class.
cost
and
benefits in
that
were
Vehicles’
Settlement
otherwise
Class
fair
risk
of
exchange
raised or
alleged issues
does not
did
Representatives and
and
reasonable
5. How do I know if I am part of the Settlement? What vehicles are included in the Settlement?
The
Settlement
Date) in
Rico, who
of
the
purchased
including
Class includes
all
persons or
entities (as
of
the
the
United States, including
the
District of
Columbia
currently
own
or
lease, or
previously
owned or
following
U.S.specification
2012-2015
model year
BMW
or
leased, and
registered
and
operated
in
the
the
District of
Columbia
and
Puerto Rico:
Model Description
Model Years
X1
SAV
2012-2015
X3
SAV
2013-2015
X4
SAV
2015
Z4
2012-2015
228i
Coupe, Convertible
2014-2015
320i
Sedan
2012-2015
328i
Sedan, Sports Wagon, Gran
Turismo
Coupe, Convertible,
Gran
Coupe
2012-2015
428i
Effective
and
Puerto
leased, certain
vehicles
United States,
2014-2015
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
4
-
528i
Sedan
2012-2015
*Model Years are not fully indicative of actual vehicles, which will depend on production ranges.
6. What are the benefits of the Settlement?
If
Judge Waldor grants final approval
of
the
Settlement
and
the
Settlement
becomes
effective
(the “Effective Date”), you
may
be
entitled to
reimbursement
for
some or
all
of
your past
out-of-pocket expenses
incurred
for
repairing
or
replacing
one
failed timing chain module,oil
pump drive chain
module,and
engine (if
damaged
due
to
a
failure of
the
timing chain
or
oil
pump drive chain modules),
as
follows:
Reimbursement
Program:
You
may
be
eligible for
full
or
partial
reimbursement of
costs for
repairing
or
replacing
one
failed timing
chain module,one
failed oil
pump drive chain module,or
replacing
one
failed engine if
damaged
due
to
a
failure of
the
timing chain or
oil
pump drive chain modules,
per
VIN, per
owner/lessee if
the
replacement
occurred
before the
Effective
Date and
prior to
the
earlier of
the
first
8
years or
100,000miles of
the
Class Vehicle’s
in-service
date
(whichever
comes first). All
reimbursements will
be
made
according
to
the
Reimbursement Chart below.
Repairs performed
at
authorized
BMW Centers will
be
reimbursed
100%, without any
cap.
Repairs performed
at
independent
service centers will
be
capped at
$3,000.00
for
timing chain/oil
pump drive chain repairs, and
at
$7,500.00
for
engine replacement, inclusive
of
parts and
labor.
In
addition
to
this
cap
for
independent
service center repairs, reimbursements will
be
scaled to
vehicle age
and
mileage as
follows:
Reimbursement Cap
for
Mileage
and
Defendant
Class Member
Reimbursement
Repair at
Years in
Contribu
Contribution Cap for
Independent
Service
Service
tion
Repair
Center
at
BMW
Center
Engine
Timing Chain
Module/
Oil
Pump
Drive
Chain
Module
100%
0%
None
$3,000
$7,500
Less than
70,000
miles
and
7
years
in
service
70,001 to
80,000
miles, or
less
than
70,000
miles but
more
75%
25%
None
$3,000
$7,500
than
7
years and
than
less
8
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
5
-
years in
service
80,001 to
90,000
miles and
less
than
8
years
in
service
90,001 to
100,000
miles and
less
than
8
years in
service
Over 100,000
miles or
8
years
in
service
55%
45%
None
$3,000
$7,500
40%
60%
None
$3,000
$7,500
Not
Eligible For
Relief
(whichever
comes
first)
• If you are unsure of your Vehicle’s in-service date, please check with your local BMW Center, which can look up the
date based on your Vehicle Identification Number (VIN).
Prospective Repair Program:
After the
Effective
Date, you
may
be
eligible for
full
or
partial coverage
of
the
costs of
future repairs to
your vehicle’s
timing chain module,oil
pump drive chain module,or
engine (if
damaged
due
to
a
failure of
the
timing chain or
oil
pump
drive chain modules)
if
the
repair is
performed
at
an
authorized
BMW Center and
the
Class Vehicle has
less
than
8
years or
100,000
miles in
service (whichever
comes first).
Repair coverage
will
be
scaled to
vehicle age
and
mileage as
follows:
Mileage
and
Years in
Defendant
Contribution
Class Member
Service
Contribution
Less than
70,000 miles and
7
Covered
by
existing 7
year/70,000
mile
years in
service
Component
Warranty
Extension
70,001 to
80,000 miles, or
less
than
70,000 miles but
more
than
7
years and
less
75%
25%
than
8
years in
service
80,001 to
90,000 miles and
less
55%
45%
than
8
years in
service
90,001 to
8
100,000and
years in
less
than
service
40%
60%
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
6
-
Over
100,000miles or
8
years
Not
Eligible For
Relief
in
service (whichever
comes
first)
Additionally, for
one
year
after the
Effective
Date, any
Class Vehicle regardless
of
age
(i.e., years in
service) you
may
be
eligible for
full
or
partial
coverage
of
the
costs of
these same future repairs as
long as
the
vehicle has
100,000miles or
less
and
is
taken to
an
authorized
BMW
Center for
the
repairs.
This repair coverage
will
also
be
scaled to
vehicle mileage as
follows:
Mileage
Defendant
Contribution
Class Member
Contribution
Less
70,000 miles
100%
0%
70,001 to
80,000 miles
75%
25%
80,001 to
90,000 miles
55%
45%
90,001 to
100,000miles
40%
60%
Over
than
100,000miles
Not
*
*
Eligible For
Relief
*
Limitations:
BMW of
North America
does not
warrant or
guarantee
any
repairs performed
at
third-party
(non-BMW
Center) repair shops and
should any
such repairs fail
after a
Settlement
Class
Member
has
made a
reimbursement claim under the
Settlement,
the
Settlement
Class Member
will
not
be
entitled to
submit an
additional
claim or
seek
replacement
under the
extended
warranty.
BMW of
North America
does not
warrant replacement
parts that
were not
certified
by
the
original equipment
manufacturer.
Only one
Prospective
Repair
Program
repair per
VIN is
permitted,
although
recovery
under the
Prospective
Repair Program
does not
affect your eligibility
to
recover under
the
Reimbursement Program.
There are
additional
limitations
and
exclusions
from coverage
contained
set
forth in
BMW of
North
America’s
New Passenger
Vehicle Limited Warranty
and
in
Section III
of
the
Settlement
Agreement,
which you
should review at
www.TimingChainModuleSettlement.com.
In
order to
submit a
the
Claim
program,
obtain reimbursement for
eligible past
out-of-pocket expenses,
you
Claim Form and
include all
of
the
documentation identified
Form.
In
order to
receive benefits under the
prospective
you
must take
your Class Vehicle to
an
authorized
BMW
must
on
repair
Center.
7. What am I giving up in exchange for the Settlement benefits?
If
the
Settlement
becomes
final, Class Members
will
be
releasing
Defendant
and
related people and
entities from all
of
the
claims described
and
identified
in
Section VII.A of
the
Settlement
Agreement.
In
essence,
Class Members
are
releasing
all
claims (except for
personal
injury or
damage to
property
other than
the
Class Vehicle)
that
could
arise based on
alleged defect in
the
timing chain module or
oil
pump drive
chain module in
the
Class Vehicles.
The
Settlement
Agreement
is
available
at
www.TimingChainModuleSettlement.com.
The
Settlement
Agreement
describes
the
released
claims with specific descriptions, in
necessarily
precise legal terminology, so
read
it
carefully.
Judge Waldor has
Members
in
approved
specific lawyers to
this
lawsuit and
Settlement.
represent
You
you
can
and
talk
other
to
Class
one
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
7
-
of
the
lawyers listed in
Question
15
below, free
questions
about the
released
claims or
what
speak with your own
lawyer, should you
have one,
8. How do I get the benefits of the Settlement?
If
charge, if
you
mean.
You
this
Settlement.
you
are
a
Class Member
and
would like
to
obtain
benefits (described
in
Question
6
above), you
need to
Claim Form that
accompanies this
Notice and
mail
it,
with
proofs, to
the
address provided
on
the
Claim Form or
Form online through the
Settlement
website portal.
Additional
available
at
www.TimingChainModuleSettlement.com.
The
for
submitting
your Claim Form is
March 18, 2021.
These benefits are
6
and
If
of
they
about
you
what
of
also
in
subject to
limitations,
which are
the
Settlement
Agreement.
have any
questions
on
information
is
needed, you
this
notice.
how
can
to
call
discussed
have
can
also
the
reimbursement
complete
the
all
the
required
file
the
Claim
Claim Forms are
current deadline
in
Question
complete
the
Claim Form
the
toll-free number at
the
or
bottom
9. What if my claim for benefits is denied?
There is
a
process in
the
Settlement
Agreement
to
you
and
Defendant
over your claim.
During this
lawyers listed in
Question
15
below will
represent
regarding
relief under the
terms of
the
Settlement,
be
handled in
accordance
with the
procedures
set
of
the
Settlement
Agreement.
If
you
have
this
process,visit
www.TimingChainModuleSettlement.com
to
the
Settlement
Agreement,
or
contact Class Counsel
resolve disagreements between
process,the
court-appointed
you
in
any
dispute
and
the
dispute will
forth in
Section III.B
questions
regarding
see
a
copy of
below.
10. When will I get the Settlement benefits?
If
Date,
you
have submitted
payments
will
be
which will
be
after
February 16, 2021,
and
a
issued
the
all
claim, your
on
a
Court’s Final
appeals,if
Claim Form
continuing,
Approval
any,
are
will
be
processed
rolling basis after the
hearing,scheduled
for
resolved.
and
Effective
Please be patient, and feel free to check www.TimingChainModuleSettlement.com for current status.
11. Can I exclude myself from this Settlement?
Yes.
If
you
want
already suing Defendant
then
you
must take
be
excluded
from
Settlement.
to
in
steps
–
keep the
another action
to
do
sometimes
right to
sue
over the
legal
so.
This
called “opting out”
or
issues
is
of
if
in
called
–
you
are
this
case,
asking to
the
12. If I exclude myself, can I get anything from this Settlement?
No.
If
you
ask
to
the
reimbursement benefits of
and
you
cannot object to
continue
to
sue,
or
Defendant
in
the
future,
resolves.
You
will
in
this
lawsuit.
be
excluded,
the
Settlement
the
Settlement.
be
part
of
including
for
not
be
bound
you
or
will
not
receive any
of
the
warranty
extension
But
you
may
sue,
a
different
lawsuit against
claims that
this
Settlement
by
anything
that
happens
13. If I don’t exclude myself, can I sue later?
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
8
-
No.
Unless you
Defendant
for
exclude yourself,
the
claims that
you
this
give
up
Settlement
the
right
resolves.
to
sue
14. How do I exclude myself from the Settlement?
To
exclude yourself
from the
Settlement,
you
must send a
letter by
mail
to
the
Claims Administrator saying that
you
want to
be
excluded
from
Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC, Civil
Action
No.
2:17-cv-07386.
Be
sure
to
include: (1)
your full
name and
current address;
(2)
the
model-year,
model, and
VIN of
your Class Vehicle(s)
and
the
date(s) of
purchase/lease; (3)
specifically
and
clearly state your desire to
be
excluded
from the
Settlement
and
from the
Settlement
Class; and
(4)
your signature.
You
cannot ask
to
be
excluded
over the
phone
or
via
the
internet. You must mail your request to
be
excluded,
postmarked
no
later than
January 19, 2021,
to
the
Claims Administrator at
the
address listed in
Question
17.
Failure to
result
15
comply with
in
you
The
Plaintiffs
Kantrowitz
Sobran, Esq.; and
Counsel”
Members:
any
being
of
these
bound by
and
you
have
Goldhamer
&
Nagel Rice, LLP.
the
following
requirements for
this
Settlement.
excluding
been represented
by
the
law
Graifman,
P.C.; Thomas P.
Judge Waldor has
approved
lawyers to
represent
you
and
yourself
will
firms
of
as
other
“Class
Class
Gary
KANTROWITZ,
S.
Graifman,
Esq.
GOLDHAMER &
GRAIFMAN, P.C.
210
Summit Avenue
Montvale,New Jersey 07645
Thomas
P.
Sobran,
Esq.
7
Evergreen
Hingham,
MA
Lane
02043
Bruce H.
Nagel, Esq.
Randee M.
Matloff,
Esq.
NAGEL
RICE, LLP
103
Eisenhower
Parkway
Roseland,
NJ
07068
You
will
not
represented
you
at
be
by
your
charged for
these
another lawyer, you
own
expense.
lawyers.
may
hire
one
If
to
you
want
appear in
to
be
Court for
16. How will the lawyers be paid?
As
part
of
the
resolution
North America
have agreed
of
attorneys’
fees, costs,
Class Representatives between
BMW of
North America
Counsel’s
application
for
of
the
that
Class
expenses,
$1,500,000
has
agreed
an
award
Action, Class Counsel
Counsel
may
apply
and
service payments
and
$3,700,000
in
not
to
object to
of
attorneys’
fees,
and
BMW of
for
an
award
for
the
twenty
the
aggregate.
or
oppose Class
inclusive
of
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
9
-
costs, expenses,
and
Settlement
Class Representative Services
Payments
up
to
$1,500,000
in
the
aggregate.
The
Parties have agreed that
Class
Counsel
will
not
seek
payment
of
any
amount in
excess of
$3,700,000
in
the
aggregate,
and
that
they
will
submit the
issue to
Judge Waldor to
decide the
exact final award amount.
The
Parties have also
agreed that
Class Counsel
may
apply for
service payments
to
the
Class
Representatives in
the
amount of
$1,000 each ($20,000
in
the
aggregate)
if
awarded
by
Judge Waldor,which will
be
included
in
Class
Counsel’s
final award amount.
The
Class Counsel
attorneys’
fees, costs
expenses,
and
Class Representative service payments,
not
to
exceed $3,700,000
in
the
aggregate,
that
Judge Waldor awards will
be
paid
separate
and
apart from any
relief provided
to
the
Class and
will
not
reduce the
value of
the
benefits distributed
to
Class Members.
Defendant
will
also
separately
pay
the
costs to
administer
the
Settlement.
Judge
Waldor will
determine
the
amount of
attorneys’
fees, costs, expenses,
and
service payments
after evaluating
Plaintiffs’
submission.
17. How do I tell the Court if I don’t like the Settlement?
If
you
don’t like
some part
of
the
Settlement,
you
can
object to
it.
You
can
give
reasons why
you
think Judge Waldor should not
approve it.
To
object, you
must send a
letter to
the
Clerk of
Court saying that
you
object to
the
Settlement
in Gelis, et al.
v. Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC, Civil Action No.
2:17-cv-07386.
You
must include: (1)
your full
name, current address,current telephone
number,
and
if
you
are
represented
by
a
lawyer other than
Class Counsel,
the
name of
your lawyer and
your lawyer’s
address;
(2)
the
model
year, model, and
VIN of
your Class Vehicle(s)
and
the
date(s) of
purchase
or
lease; (3)
whether the
objection
applies only to
you,
to
a
specific subset of
the
Class, or
to
the
entire Class; (4)
the
reasons
why
you
object and
the
factual and
legal reasons for
your objection
(including
all
relevant documents
that
pertain to
your objection);
(5)
copies
of
relevant repair history and
proof that
you
have owned or
leased the
Class
Vehicle (i.e., a
true
copy of
a
vehicle title, registration,
or
license receipt);
(6)
a
statement
that
you
have reviewed
the
Settlement
Class
definition
and
understand
that
you
are
a
Settlement
Class Member,
and
you
have not
opted out
of
the
Settlement
Class; (7)
a
detailed
list
of
any
other objections
to
any
class action settlements
you
have
submitted
in
the
previous
five
(5)
years to
any
court, whether state,
federal, or
otherwise,
in
the
United States; (8)
a
Notice of
Intention
to
Appear at
the
Final Approval
Hearing,
if
you
intend to
appear
in
person at
the
hearing;
and
(9)
your signature.
The objection
must be mailed to the Court, the Claims Administrator, Class Counsel, and Defendant’s Counsel at the addresses
below.
The
mailed copies must be
postmarked
on
or
before January 19, 2021:
COURT
Clerk of
Court
United States District Court for
the
District of
New Jersey
Rev. Dr.
Martin Luther King, Jr.
Federal
Building
&
U.S.
Courthouse
50
Walnut Street
Newark,
New Jersey 07102
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
10
-
CLAIMS
ADMINISTRATOR
CLASS COUNSEL
Gelis Claims Administrator
c/o
Rust Consulting
7080
PO
Box
14
Minneapolis, MN
55440-0014
Gary S.
Graifman,
Esq.
KANTROWITZ,
GOLDHAMER &
GRAIFMAN, P.C.
210
Summit Avenue
Montvale,
New
Jersey 07645
Thomas P.
Sobran,
Esq.
7
Evergreen
Lane Hingham,
MA
02043
Bruce H.
Nagel, Esq.
Randee M.
Matloff,
Esq.
NAGEL
RICE, LLP
103
Eisenhower
Parkway
Roseland,
NJ
07068
DEFENDANT’S
COUNSEL
Christopher
J.
Dalton, Esq.
Argia J.
DiMarco,
Esq.
BUCHANAN INGERSOLL &
ROONEY
PC
550
Broad Street, Suite 810
Newark,
New Jersey 07102-4582
18. What’s the difference between objecting and excluding?
Objecting
is
Settlement.
Excluding
part
of
basis to
simply telling Judge
You
can
yourself
is
the
Settlement.
object because the
Waldor that
object only
telling Judge
If
Settlement
you
don’t like
something
if
you
stay
in
the
Waldor that
you
don’t want
you
exclude yourself,
you
no
longer affects you.
about the
Settlement.
to
be
have no
19. When and where will Judge Waldor decide whether to approve the Settlement?
Judge Waldor will
hold a
“Final Approval
Hearing”
to
decide whether to
approve
the
Settlement
on
February 16, 2021 at 11:00 a.m.,
at
the
United States District
Court for
the
District of
New Jersey, Rev. Dr.
Martin Luther King, Jr.
Federal
Building
&
U.S. Courthouse,
50
Walnut Street, Newark,
New Jersey 07102.
At
this
hearing,Judge Waldor will
determine
whether the
Settlement
is
fair,
adequate,
and
reasonable
and
whether the
objections
by
Class Members,
if
any,
have merit. If
you
have filed an
objection
on
time, you
may
attend and
ask
to
speak, but
you
don’t have to.
However,
Judge Waldor will
only listen to
people who
have asked to
speak at
the
hearing (see
Question
21
below).
At
this
hearing,Judge Waldor will
also
decide the
service payments
for
the
Class Representatives,
as
well
as
the
attorney’s
fees
for
the
lawyers representing
the
Class Members.
We
do
not
know how
long the
Court’s decision
will
take, and
the
hearing date
may
change due
to
other court business.
You
should monitor
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
11
-
www.TimingChainModuleSettlement.com
to
and
to
learn if
Judge Waldor has
find
out
approved
if
the
any
dates
Settlement.
have
questions
your own
to
come
your valid
You
may
Judge Waldor may
have,
expense.
If
to
Court to
talk
written objection
on
also
pay
another lawyer
changed
20. Do I need to go to the hearing?
No.
you
send
it.
Judge
attend,
Class
are
an
Counsel
will
answer
welcome
to
come
objection,
you
don’t
As
long as
you
Waldor will
consider
it.
but
it’s
not
required.
any
at
have
mail
but
you
about
time,
to
21
You
Civil
No.
2021,
may
ask
Hearing.
Appear”
Action
2:17-cv-07386.
signature,
Notice of
and
mailed
speak at
Settlement.
Judge Waldor for
permission
to
speak at
the
Final Approval
To
do
so,
you
must file
a
“Notice of
Intent to
in Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC,
Be
and
Intent
to
the
sure
to
include
other requirements
to
Appear must
the
addresses
hearing if
you
your name, address,telephone
outlined
in
Question
be
postmarked
no
later
listed in
Question
17.
have excluded
yourself
number,
17.
Your
than
January
19,
You
cannot
from the
22. What if I do nothing?
If
you
do
nothing,
any
other lawsuit against
by
the
Settlement.
benefits described
in
timely submit a
Claim
program.
you
will
BMW of
You
Question
Form.
give
North
will
6
You
up
the
America
not
receive
offered by
will
be
right to
be
about the
legal
any
of
the
this
Settlement
eligible for
the
part
of
claims released
reimbursement
unless you
future repair
23. Can I get more details about the Settlement?
This
notice summarizes
the
Settlement
Agreement.
related documents
at
proposed
Settlement.
More details are
in
You
can
review the
Settlement
Agreement
www.TimingChainModuleSettlement.com.
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
12
-
the
and
Attachment to SI B11 02 21
July 2021
E84 E89 F1x F2x F3x N20 N26 Engine Timing Chain and Oil Pump Drive Chain Modules –
RepairRelated Alternate Transportation.
Note: Any other available BMW Alternate Transportation Measures (ATM) programs do not apply to this
vehicle repair situation.
PROCEDURE
BMW AMP Vehicles (Standard)
Subject to availability, please provide the owner/operator with a comparable BMW AMP loaner vehicle from
your loaner fleet.
Or:
SI B11 02 21 Rental Car Procedure
Due to the shortness of the timing/oil pump drive chain diagnosis time, it is recommended that this diagnosis
be carried out as a waiting job.
Car rentals related to diagnosis only cases (no repair required) will not be reimbursed.
If a Class Vehicle that is covered by this Class Action requires a timing chain/oil pump chain replacement,
BMW NA will cover the cost of up to 3 days car rental. Where possible, please schedule these repairs early in
the week. BMW NA will not pay any expenses for weekend car rental days (Monday through Friday only).
A rental car is purely a goodwill gesture and is not part of the Class Action Settlement.
Rental car compensation will be reviewed on a monthly basis. BMW NA may reduce or stop a rental car
reimbursement. If this action is required, advanced notice will be given.
Prior AAM Field Authorization (FAS) is not required.
Please provide the customer with a vehicle through one of our preferred third-party rental car providers
(Enterprise or Hertz if available in your area).
BMW will reimburse the following:
All Rental
Vehicles
•
•
•
•
Up to $44.00 a day; plus, any
Market surcharge (if applicable); plus, the
CDW* (Collision Damage Waiver) protection - when the rental vehicle agreement
“signee” accepts this “optional” coverage; plus
Taxes
Invoice these allowable rental car expenses (Excluding fuel) as a separate line item on the repair order as
outlined below.
Rental Vehicle Invoice - Required Information for Claim Submission
Your center must itemize the rental car invoice in the claim comments, please ensure that you always include
the following information:
1
6/2021
Attachment to SI B11 02 21
Rental Vehicle Invoice - Line items
Required Information to be provided
Brand of rental vehicle in use
Model year and description
Rental period
Total number of days
Market surcharge (If applicable)
Cost per day and the total amount
CDW* (Collision Damage Waiver)
Cost per day and the total amount
Taxes
Total amount
Other Optional Protection/Insurance Coverage
BMW will only reimburse the cost of the applicable Collision Damage Waiver (CDW)* protection that
the rental vehicle agreement “signee” accepted.
*Note: The Collision Damage Waiver (CDW), this may also be referred to as the Loss Damage Waiver (LDW),
or the Physical Damage Waiver (PDW).
If your customer wants to obtain other optional protection or insurance coverage, for example:
•
•
SLP/SLI/LIS (Supplemental Liability Protection or Insurance/Liability Insurance Supplement); and/or •
PAI (Personal Accident Insurance); and/or
PEC (Personal Effects Coverage).
The cost of this optional coverage would be at the owner’s/operator’s expense.
Important Note
If the customer believes they have access to optional protection/insurance coverage that will
apply to their loaner car or rental vehicle either through their credit card company, and/or
personal car insurance (including other drivers and/or total loss), please encourage them to verify
if and what coverage above is available to him or her.
WARRANTY INFORMATION
Reimbursement for an eligible Engine Timing/Oil Pump Chain Repair related car rental (up to 3 days) is via
DCSnet normal claim entry utilizing the following information.
Defect Code:
85800209NA
SI B11 02 21 Timing Chain replacement Rental reimbursement
And:
Sublet Code
3
Sublet at cost
Reimbursement for an alternate transportation vehicle through one
of our preferred third-party rental car providers
2
6/2021