Today a new lawsuit was filed against BMW by owners of its BMW i3 REx electric vehicle from eight states, stating that BMW knowingly sold defective BMW i3 REx models that can suddenly and without warning lose speed and power mid-drive, putting drivers and passengers at risk of crash and injury, according to Hagens Berman.

The new complaint also cites a video documenting what owners have dubbed “limp mode,” in which a plaintiff’s vehicle slowly drives up a gradual incline on a busy highway, being passed by semi-trucks and other drivers. The video shows the driver setting the cruise control to 65 mph, but the BMW i3 is unable to operate at speeds higher than approximately 35 mph.

If you own or lease a BMW i3 REx, you may be entitled to compensation for this serious safety defect. Contact Hagens Berman to find out more about this issue and your consumer rights against BMW.

BMW’s i3 REx electric cars can unexpectedly lose power and drop to dangerously low speeds when operating on low battery power with the REx range extender operating. The lawsuit states that this defect essentially renders the REx useless and dangerous when operating as intended despite emphatic marketing from BMW that the Range Extender doubles the range of the i3 from approximately 81 miles to 150 miles.

“BMW owners from across the country are being put in danger, and the only answer BMW has for them right now is to avoid using the Range Extender technology that they paid a premium price to have,” said Steve Berman, managing partner of Hagens Berman. “What these BMW owners received was a poor excuse for BMW’s promise of ‘extended driving pleasure,’ and we believe it’s time for BMW to take responsibility.”

Rather than extending the range of the BMW i3, BMW’s deceptively named Range Extenders only come on when the battery reaches 5 percent or less charge, and they plunge the vehicles into ‘limp mode,’ suddenly slowing the vehicle to dangerously low speeds in highway traffic, and unable to climb hills or accelerate, according to the complaint.

“Owners have been placed in danger and have been left in the dark by BMW,” Berman added. “We know that BMW would rather simply wash its hands of this matter, but i3 owners deserve better, and we intend to see that they are compensated fairly.”

The complaint, filed in the U.S. District Court for the Central District of California, states, “Further compounding the harm to Class members is that as of the date of this filing, BMW has provided no guidance directly to customers or to its dealer network. Concerned owners of Affected Vehicles have been told absolutely nothing about what will happen to their cars, what BMW intends to do, or what owners should do. Instead, calls to dealers and BMW itself either go unanswered or are answered with ‘don’t use the REx feature.’”

The lawsuit seeks buyback, reimbursement for vehicle owners for the premium that they paid for a Range Extender over the cost of the same model without one, as well as compensation based on any “fix” and extended warranties that will go unused. In addition, attorneys seek punitive damages for BMW’s fraud that put drivers at risk.

Hagens Berman achieved the largest automotive settlement in U.S. history – $1.6 billion against Toyota. The law firm is also leading litigation against General Motors for its ignition switch defects, and other national lawsuits against Volkswagen and Mercedes for illegal use of emissions-cheating software.

Learn more about the lawsuit against BMW.

About Hagens Berman

Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in 10 cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.