BMW X1 Suffers from Rollaway Defect, Class Action Alleges

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A proposed class action lawsuit alleges 2023-present model year BMW X1 xDrive28i vehicles are equipped with powertrains crippled by a potentially deadly “rollaway defect,” which can cause the car to roll in a direction opposite of the selected gear or fail to respond to throttle input.

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The 31-page BMW rollaway lawsuit relays that the X1 models at issue are equipped with a 2.0-liter twin-turbocharged engine and seven-speed DCT Steptronic transmission that features fully electromechanical gearshift actuation and electrohydraulic dual-clutch engagement. Despite the transmission’s advanced design, it has exhibited several “operational deficiencies,” namely at low speeds and in transition between drive, neutral and reverse gears, the case claims.

The suit calls the alleged BMW rollaway defect a potentially life-threatening safety issue for which the automaker has refused to initiate a recall or offer replacement powertrains.

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One of the “primary symptoms” of the rollaway defect is a pronounced delay in acceleration, which can be especially dangerous in situations that call for immediate acceleration, such as merging into traffic or avoiding sudden obstacles, the lawsuit says.

“Specifically, from a dead stop, there is a delay of 2 to 7 seconds when the gas pedal is pressed in any gear, including reverse,” the suit specifies. “This delay severely impairs the driver’s ability to control the vehicle’s acceleration, speed, and responsiveness.”

Another symptom of the alleged rollaway problem is the tendency of a BMW X1 to jerk forward unexpectedly, which can lead to a loss of control of the vehicle, the case continues. A vehicle may also roll forward or backward randomly while in gear and awaiting engagement of the clutch, posing a threat to pedestrians, other drivers and property, the suit states.

“This uncontrolled rolling is particularly hazardous when the vehicle is stationary but in gear, as it can move unpredictably opposite to the selected drive gear,” the case emphasizes.

Per the complaint, potential causes of the rollaway problem for the BMW X1 may include faulty electrohydraulic actuation of the dual clutches at low speeds, possibly due to “malfunctioning valves, sensors, pistons, and/or other components.” The problem may also stem from “inappropriate interaction” between a vehicle’s engine, transmission and brake software, “leading to insufficient algorithms and safety thresholds,” the filing says. Another cause of the rollaway issue could be “mechanical defects” in dual-clutch parts, such as leaking seals and uneven pistons, the case adds.

BMW knew or should have known that the X1 suffers from a significant safety defect and is not fit for its intended purpose, yet failed to disclose the problem to owners and lessees, the lawsuit alleges, calling the cars “unreasonably dangerous.”

According to the case, BMW has “internally identified and acknowledged” the alleged rollaway defect and “ascertained that the root cause is unfavorable engine and transmission calibration.”

The BMW rollaway class action looks to cover all Virginia residents who formerly or currently own or lease a 2023 BMW X1.

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