MLG Automotive Law has filed a national class action lawsuit against BMW North America for alleged defects in BMW i3 electric or hybrid versions of the vehicles. The case Edo Tsoar v. BMW North America, LLC (Case No. 2:16-cv-03386) was filed Tuesday in U.S. District Court in Los Angeles.
The crux of the lawsuit is about the BMW i3 “Range Extender.” This so-called Rex option, uses a two-cylinder, 34-horsepower gasoline engine that switches on when the battery charge drops to ~5%, providing another 70 miles of range. BMW claims that the Range Extender “doubles your electric driving range” from the vehicle’s standard 81-mile rating.
The lawsuit alleges that in practice when the gasoline engine kicks in, it doesn’t produce enough power to prevent a dramatic decrease in the vehicle’s performance. As alleged, if the car is under any kind of significant load – such as going up a hill, or loaded with passengers- the speed of the car will dramatically decrease as the battery charge diminishes. The lawsuit alleges that this can result in the car slowing to speeds of 45 miles per hour on the freeway, without warning.
“Having a sudden and unexpected loss of power in a motor vehicle can result in a catastrophic situation for all those on the road. These cars are dangerous and should not be driven,” said Jonathan Michaels of MLG.
The lawsuit seeks to have the vehicles “redesigned and repaired” at BMW’s expense, and to halt the sale of all i3 vehicles until repairs can be made. The claim also seeks compensation for all the owners of the vehicles, who were not told of the allegedly serious safety defect.
Earlier this month, BMW said it would offer a new version of the compact i3 electric car that starting for the 2017 model year would have more than 50% increased battery capacity. The 2017 BMW i3 (94 Ah) has a capacity of 33 kilowatt hours (kWh) because of the higher energy density of the lithium ion battery cells. The driving performance figures of the 170 horsepower AC electric motor remain is unchanged.
BMW claims that when equipped with the Range Extender, if the driver requires additional range, the 2-cylinder gasoline engine is switched on once the battery is depleted to 6.5% state of charge and keeps the charge level of the battery constant while driving. It also provides an additional range with a 25% larger fuel tank (2.4 gallons).
The new Battery Electric BMW i3 – a hybrid when you translate the marketing babble – in varying weather conditions with the air conditioning or heating turned on, has a claimed range of up to 114 miles combined (hwy/city) according to BMW testing cycles. Pricing for the 2017 BMW i3 (94 Ah) will be released closer to market launch.
MLG Automotive Law
Located in Newport Beach, California, MLG Automotive Law is a business law firm, focusing on the automotive industry. MLG Automotive Law has litigated cases against nearly every major manufacturer, and is counsel on the Volkswagen emissions class action. MLG Automotive Law also represents terminated Chrysler dealers against the U.S. for the 2009 taking of their dealerships, in violation of the Fifth Amendment.
BMW Fuel Consumption Numbers
Fuel consumption figures by BMW are based on the EU test cycle, which may vary depending on the tire fitted because of rolling resistance values. More information on official fuel consumption figures, specific CO2 emissions and the electric power consumption of new passenger cars is included in the guideline “Guideline for fuel consumption, CO2 emissions and electric power consumption of new passenger cars”, which can be obtained from from BMW dealerships, Deutsche Automobil Treuhand GmbH (DAT), Hellmuth-Hirth-Str. 1, 73760 Ostfildern-Scharnhausen and at http://www.dat.de/en/offers/publications/guideline-for-fuel-consumption.html. (- editor)
From the Court Filing – Editor
The BMW i3 REx, however, is plagued with a serious defect: the added mileage range is coupled with a sudden, severe, and dangerous loss in power. Specifically, the Range Extender does not produce enough power for the vehicle to maintain the performance allowed by the battery. For example, if the vehicle is traveling up hill and the battery reaches approximately 5%, thereby activating the Range Extender, the speed of the vehicle will suddenly and rapidly decrease, without warning. Likewise, if the vehicle has an increased load of passengers and the battery reaches approximately 5%, thereby activating the Range Extender, the speed of the vehicle will suddenly and rapidly decrease, without warning. Case 2:16-cv-03386 Document 1 Filed 05/17/16 Page 6 of 33 Page ID #:6
Plaintiff has experienced such a loss in power. One afternoon, while traveling in the Class Vehicle in Agora Hills, California, Plaintiff’s battery was getting low, around 6%. Plaintiff continued to drive the vehicle home (a destination that was less than 5 miles away), and while going up a hill with the flow of traffic, the vehicle suddenly and unexpectedly lost power, dramatically decreasing the speed of the vehicle. Plaintiff was unable to keep up with the flow of traffic and had to change lanes to the far right, slowest lane to safely proceed. Thereafter, Plaintiff experienced a similar loss in power on multiple occasions. The loss in power always occurred when the Class Vehicle’s battery was at or below approximately 5%, the Range Extender was activated, and the driving condition/terrain required more power. Alarmed and frightened by the defect, Plaintiff went to the dealership to discuss the issue, however the sales manager would not allow him to return the car, instead suggesting Plaintiff change his driving habits. Plaintiff now avoids driving farther than 80 miles.
Plaintiff’s experience is by no means isolated; other consumers have had similar experiences. In fact, there are blogs and other websites where consumers have complained of the exact same defect.
For example, a website titled “autoblog.com” published an article entitled, “BMW looking to fix i3 acceleration problem uncovered by Consumer Reports.” The articles states, “Consumer Reports brought the problem to light when one of its drivers was behind the wheel of an i3 using the range-extender. When the driver attempted to pass another vehicle on a rolling, two-lane road, the BMW suddenly had no power to accelerate.” Additionally, “autoconnectedcar.com” published a review entitled, “Why I’m Returning my BMW i3 After Three Months,” addressing the same problem: the inability of the i3 REx model to maintain performance while the Range Extender is engaged.
There, it was reported by a consumer, “…the last straw came when I was driving back from the Inland Empire, I was in the fast lane on the freeway. I ran out of battery power and the gasoline extension started. I couldn’t keep up with traffic and I had to pull over.”
BMW EV / Hybrid Fuel Consumption Numbers
BMW fuel consumption numbers are based on the EU test cycle, which may vary depending on the tires installed. Further information on official fuel consumption figures, specific CO2 emission values and the electric power consumption of new passenger cars is included in the “Guideline for fuel consumption, CO2 emissions and electric power consumption of new passenger cars,” which can be obtained from all dealerships, or Deutsche Automobil Treuhand GmbH (DAT), Hellmuth-Hirth-Str. 1, 73760 Ostfildern-Scharnhausen, and at http://www.dat.de/en/offers/publications/guideline-for-fuel-consumption.html.