BMW Lemon Law – Coolant System Recall
BMW of North America will recall more than 40,000 vehicles after finding potentially dangerous coolant leaks.
The Westwood, New Jersey-based manufacturer sent the National Highway Traffic Safety Administration (NHTSA) a safety recall report stating they will recall 44,368 2013-2018 BMW 328d and 328d xDrive, 2014-2018 BMW 328d Sports Wagon and 328d xDrive Sports Wagon, 2014-2016 BMW 535d and 535d xDrive, 2015 BMW 740Ld xDrive, 2015-2017 BMW X3 xDrive28d SAV, and 2014-2017 BMW X5 xDrive35d SAV vehicles built between Sept. 12, 2012 and June 29, 2017.
The affected vehicles are equipped with Exhaust Gas Recirculation (EGR) modules with integrated cooling components. The EGR cooler can develop a coolant leak, mixing coolant with engine soot and sediment. This combined with high temperatures can cause smoke and fire within the module.
BMW issued a recall for this condition on July 19, 2018 in the Korean market. The company met with NHTSA officials on Sept. 5, 2018, explaining the difference between the EGR system used in the American market from those used in foreign markets. BMW initially stated a “thermal event” would not occur in the American EGR module, though further analysis in October 2018 indicated it was possible.
Following additional research, BMW decided on Oct. 19, 2018 to conduct a safety recall.
BMW will notify owners and dealers will inspect and replace the EGR module as necessary. If a leak has already occurred, the engine intake manifold will also be replaced. These repairs will be made for free. The recall will begin Dec. 17, 2018. Owners may contact BMW customer service at 1-800-525-7417. Consumers can also visit the NHTSA’s website and enter their VIN to see if their vehicle is included in any recalls.
Your vehicle’s manufacturer is legally required to fix any recalled problems for free. If the dealership refuses to fix the part or tries to charge you for the repair, contact the manufacturer immediately. The Highway Safety Act of 1970, which created the NHTSA, requires car manufacturers to pay for the recall and replacement of a defective part.
If the manufacturer fails to repair, replace, repurchase, or provide your recalled vehicle’s loss value, they are violating the warranty and a lawyer may be able to help you. Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.
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