BMW's 'Lifetime' Differential Fluid Doesn't Really Last For Life, Class Action Lawsuit Claims
Manufacturers keep trying to tell us that so-called "lifetime" fluids never need replacement. We've been saying for years that this isn't really the case. And a lawsuit against BMW over its "lifetime" fluid in certain models may now see this matter decided in court, reports Road & Track.
The proposed class action lawsuit alleges that BMW claims the front differential fluid in the G05 X5, G06 X6, and G07 X7 made through 2025 will last for the life of the vehicle, knowing that not changing the fluid regularly can lead to premature differential failure. This is what plaintiff Alex Heckler claims happened to him and his 2020 BMW X5 M50i. From the lawsuit:
The Class Vehicles all left the factory floor with a defective front differential that, as a result of its defective nature, fails prematurely and requires replacement at a cost of several thousands of dollars. Though BMW NA knew about the defective nature of the front differential found in the Class Vehicles, it never made any disclosure of the defect to the Plaintiff, the putative Class Members, or the public at large.
Heckler's front differential failed at around 47,000 miles, close to the 50,000-mile limit of the warranty, but just over four years since it was first sold. As a result, BMW refused to cover the repair under warranty, which ended up costing Heckler $6,199.01 out of his own pocket. If BMW had recommended a timely fluid change as part of the maintenance schedule, this could have been prevented, alleges the lawsuit.
A tale of two differentials
Differential fluid should generally be changed every 30,000 to 50,000 miles. This can vary depending on manufacturer specifications or how the vehicle is used (heavy towing is more stressful than commuting), but either way, and regardless of what manufacturers say, fluids have a limited lifespan. As we wrote previously:
If you don't get the fluid changed within reasonable mileage limits, the oil will still get old and dark, and eventually become thicker and less effective. Differentials get hot, too, with temperatures that can get up to 260 degrees Fahrenheit or more during break-in periods. Too much heat will cause the oil to break down faster, ruining its ability to lubricate the gears.
Until the early 2010s, BMW included front differentials for xDrive-equipped vehicles on its maintenance schedule. After this, BMW claimed the front diff had "lifetime" fluid that did not require changes, even though it still has drain and fill plugs for fluid maintenance. The rear differential continued to have a recommended service interval of 50,000 miles in several years of BMW maintenance guides that I reviewed. They also recommended changing it at the 1,200-mile running-in service. The front differential was not mentioned for either of these. It does exactly the same job, so why should it not receive the same maintenance?
Whose lifetime, anyway?
It's funny how well the lifespan of differentials, transmissions, etc. with "lifetime" fluid just happens to land just outside their warranty periods. It's almost like manufacturers not only get to advertise reduced maintenance requirements and costs, but also set themselves up to sell replacement vehicles that, even as expensive as new cars are today, will still cost less to get into than repairing the old one thanks to creative financing. Does "lifetime" refer to the length of the warranty, rather than the life of the vehicle? That's what the lawsuit is alleging:
The reality is that because the front differential failure generally occurs after 50,000 miles or after four years, BMW NA's New Vehicle Limited Warranty no longer covers this failure. Consumers, like Plaintiff, are instead forced to pay thousands of dollars to BMW NA and its dealers for a replacement front differential, which works to the financial benefit of BMW NA and its authorized dealerships but very much to the financial detriment of Class Vehicle owners like Plaintiff and the Class Members.
Although this particular lawsuit only covers owners and lessees who live in Pennsylvania, or who bought or leased their BMWs there, it will be worth watching how this plays out. A win here could set a precedent for legal action against other manufacturers who claim their fluids last a "lifetime," whatever that means. Anything that discourages today's disposable culture is a win in my book.