‘Overstated’ BMW i3 Driving Range Hampered by Cold Weather, Class Action Claims
Hurst v. BMW of North America, LLC et al.
Filed: June 15, 2022 ◆§ 2:22-cv-03928
A proposed class action alleges BMW of North America has overstated the range of certain model year i3 electric and hybrid vehicles.
A proposed class action alleges BMW of North America has overstated the range of certain model year i3 electric and hybrid vehicles.
More specifically, the 54-page case out of New Jersey alleges BMW has materially misrepresented the range of 2014-2018 model year i3, i3s and i3 REx vehicles when they’re driven in cold weather conditions, regardless of whether the car is in battery-only or gas-engine range extender mode.
Per the suit, BMW represented in promotional advertising that the mileage range for the i3 vehicles at issue, i.e. the “class vehicles,” operating solely on the electric motor, was 81 miles. The touted range for an affected i3 equipped with an optional gasoline range extender engine was 150 miles, the lawsuit adds.
According to the complaint, these ranges are “far beyond” what the BMW i3 models at issue can actually provide in cold weather. The plaintiff, a Wanaque, New Jersey resident, says that although the window sticker for his 2015 i3 REx indicated that the vehicle had a range of 72 miles on its electric motor, he was only able to obtain a range of 39 miles on a full charge during the winter months.
“Nowhere in Defendants’ advertising and/or marketing materials are the adverse effects of cold weather on vehicle range discussed,” the suit says.
The lawsuit alleges BMW knew that cold ambient temperatures would diminish the performance of the i3 vehicles and cause significantly decreased battery driving and increased fuel consumption yet concealed this from buyers and lessees.
According to the complaint, winter range loss for electric and hybrid vehicles can manifest due to chemical and physical reactions in a battery occurring more slowly in cold temperatures, reducing the battery’s output. Additionally, in cold weather, an electric vehicle’s engine heat is rerouted to warm the battery, meaning that cabin heating requires pulling energy from the battery, further reducing its output, the suit relays.
Per the case, the diminished range of the plaintiff’s i3 REx has forced the man to use his vehicle “only half as much as he had intended” when he bought the car. Moreover, the plaintiff has also had to spend an additional $100 on gas every month to power his vehicle’s range extending engine, the suit says.
The case mentions that the American Automobile Association (AAA) tested the range effects of 20 degree-Fahrenheit weather on several popular electric vehicle models, including the BMW i3, and found that temperature alone could reduce range by 10 to 12 percent, while the use of climate control inside the vehicle could amplify that loss to 40 percent. According to the lawsuit, the i3’s 20 percent decline in range at 20 degrees Fahrenheit “accounts for the worst performance among the [electric vehicles] that AAA tested.”
The lawsuit looks to represent all current and former owners and lessees of any 2014-2018 model year BMW i3 vehicle in the U.S. who sustained monetary loss and/or diminution of vehicle value as a result of the conduct alleged in the complaint.
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