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      09-15-2023, 02:16 PM   #1
jfandl
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BMW Oil consumption campaign N63TU w/Tune & DP

Has anyone with a modified N63TU taken their car in for the Excessive oil consumption campaign with a modified (Tune & Down pipes)?

Have you received any push back from BMW because the car was tuned?


SIB
01 02 22
N63TU1 Class Action Settlement Service Campaign: Engine Oil Level Top-
Offs

The campaign does not mention anyway to void the coverage but I know BMW can be sneaky as they don't pay for anything they can get out of.

The language in the Isley Settlement seems clear, no mention of modified vehicles (exception for cars used in racing events which obviously doesn't apply):
"As part of the claims-confirmation process, a claim for reimbursement will be rejected if: (1) the Vehicle’s warranty was
voided because (a) the VIN has been altered or cannot be read, (b) the Vehicle has been declared a total loss or sold for
salvage purposes (for reasons unrelated to excess oil consumption), or (c) the Vehicle has been used in any competitive
racing event (this does not include non-driving events where the Vehicle is on display); (2) the VIN number associated with
the claim does not match the Settlement Class Member’s VIN number; or (3) the claim for reimbursement is (a) for an item
or service that is not covered under this Settlement Agreement, or (b) for which a claim under this Settlement Agreement
has already been made and paid, or (c) for which the Class Member has received “goodwill” or other cost/price adjustment,
coupon, reimbursement, or refund from BMW NA, a BMW Center, insurer or any person or entity associated with
Defendant, equal to or in excess of the amount of the claim submitted."
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      09-15-2023, 02:32 PM   #2
zero2sixtyZ
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For as big of an ask it is having BMWNA cover the rebuild or replacement of an engine, it's light work to bring the car back to stock. Remove the downpipes and bring the tune back to stock. Why risk it? High chance they will also flash the ECU to the latest approved revision as part of any engine replacement or major repair.

Most service centers in dealerships will NOT touch downpipes in any matter as part of emissions liability, so avoid the headache.
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      09-15-2023, 03:35 PM   #3
tlow98
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Bmw will blackball you in their system if they see this and then you’ll never get a motor.

Go back to stock
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      09-15-2023, 06:27 PM   #4
F15GorDe
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“For as big of an ask it is having BMWNA cover the rebuild or replacement of an engine, it's light work to bring the car back to stock. Remove the downpipes and bring the tune back to stock.”

Yep, what’s normally called a “no brainer”.
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      09-18-2023, 01:31 PM   #5
jfandl
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Quote:
Originally Posted by F15GorDe View Post
“For as big of an ask it is having BMWNA cover the rebuild or replacement of an engine, it's light work to bring the car back to stock. Remove the downpipes and bring the tune back to stock.”

Yep, what’s normally called a “no brainer”.
Yeah, I wish it was that easy. The DP's have been on for several years and I don't have the original CAT's anymore. I know for sure BMWNA would certainly deny the claim if they could but this is under the Isley lawsuit where BMW lost and there doesn't seem to be a clause about modified vehicles (except used in racing competition which this is not), that's why I'm hoping I have two legs to stand on for this one.
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      09-20-2023, 02:23 AM   #6
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Yeah, I wish it was that easy. The DP's have been on for several years and I don't have the original CAT's anymore.

All you can try is putting the DP’s back on and re-flash the ECU. The cat’s missing shouldn’t be a big deal. Has the dealer in question seen/heard your X in the past?

Worth a try. Good luck.
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      09-22-2023, 10:12 AM   #7
zero2sixtyZ
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Find a used set of cats and swap them in. Post a WTB thread in the classifieds section for local sale. Even if a used set runs $1200-1500, it's worth it for the potential of engine replacement costing 10x. You can argue with the Isley lawsuit, but dealerships can send you away very easily if you changed emissions equipment. Like I said earlier, they may not want a tech's hand to touch/reinstall a downpipe if it could come back to haunt them.
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      09-23-2023, 12:14 AM   #8
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You did the see the owner contribution matrix part of the Isley settlement?
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      09-25-2023, 05:03 PM   #9
jfandl
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Quote:
Originally Posted by suitedcboy View Post
You did the see the owner contribution matrix part of the Isley settlement?
Yes, I'd be on the hook for 65% of the cost of engine replacement. Probably cheaper to have an Indy do a swap at that point. Hoping for just the repair which is covered 100%
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