If You Have Ever Owned Or Leased A
2007 through 2013 model year BMW X5 (E70) Vehicle
(Production Date October 1, 2006 through June 20, 2013)
with optional Comfort Access System
You May Be Entitled To Benefits Under This Proposed Class Action Settlement.
Plaintiff asserts that the Comfort Access System is defective because the vehicles’ doors can be locked from the outside of the car when the key fob is located inside the vehicle. If small children, the elderly or animals are left in the car with the key fob, they may be locked inside the vehicle, and their life or health may be at risk due to being locked in the car. This situation can result in damage to the vehicle as well, since it may be necessary to break into the vehicle, or call emergency personnel to do so, thus resulting in out of pocket costs. This shall also serve to advise you to keep the key fob on your person at all times and not to leave it in the vehicle when you are not inside.
The Myers v. BMW of North America, LLC (“COMFORT ACCESS”) class action lawsuit was filed to help current and prior owners and lessees obtain reimbursement for out-of-pocket monies spent on repairs caused by the defective COMFORT ACCESS system as well as to prevent loss of life or personal injuries associated with young children, elderly people, or animals being locked into the vehicle.
A settlement has been reached in this lawsuit and the attorneys who represent the certified class of former and current BMW X-5 owners and lessees, Stephen M. Harris, and Robert L. Starr worked hard to ensure that the terms of the settlement are highly beneficial to those affected by the issues posed by the vehicle locking while the key fob is inside the vehicle in, that is, in model years 2007-2013 vehicles.
BMW will be reimbursing current and prior BMW X-5 owners and lessees who owned or leased a BMW X-5, model years 2007-through 2013 and documented out-of-pocket money spent on repairs related to the vehicle locking, trapping occupants inside of the vehicle. The maximum reimbursement amount shall not exceed (a) for Non-Emergency Out-of-Pockets Costs, a maximum reimbursement up to one hundred fifty dollars ($150), or (b) for Emergency Lockout Out-of-Pocket Costs, a maximum reimbursement up to a combined six hundred fifty dollars ($650) comprised of $150 maximum for Non-Emergency Out-of-Pocket Costs and up to $500 maximum for Emergency Out-of-Pocket Costs, and shall be available to any current or prior BMW X-5 owner or lessee who sustained a Spontaneous or Unintended Locking of the Comfort Access System and incurred costs, subject to the limitations set forth above.
The settlement of this lawsuit represents a wonderful result on behalf of BMW X-5 owners, lessees, and former owners and lessees who have had to pay out-of-pocket costs related to repairing property damages or incurring other covered costs due to a Spontaneous or Unintended Locking of the Comfort Access System.
To Participate In This Settlement:
- You must be a present owner or lessee or former owner or lessee of a Class Vehicle; and
- You must:
- Have suffered a documented Spontaneous or Unintended Locking resulting in Non-Emergency Out-of-Pocket Costs and/or Emergency Out-of-Pocket Costs.
Damages You Can Recover:
You can recover:
- “Emergency Out-of-Pocket Costs” means the following unreimbursed costs incurred by a Class Member as a result of a Spontaneous or Unintended Locking in which a child and/or pet was locked inside a Class Vehicle: (a) costs incurred to repair a broken window (or other damage to a Class Vehicle) directly attributable to efforts to unlock the Class Vehicle immediately following a Spontaneous or Unintended Locking, or (b) if Class Vehicle damage set forth in (a) was paid for by insurance, any insurance deductible paid by the Class Member for vehicle damages described in (a). “Non-Emergency Out-of-Pocket Costs” means the following unreimbursed costs incurred by a Class Member as a result of a Spontaneous or Unintended Locking of the Comfort Access System where only personal property (rather than a child or pet) were locked inside the car: (a) locksmith or third party lockout service costs that are directly attributable to efforts to unlock the Class Vehicle immediately following a Spontaneous or Unintended Locking, (b) towing costs that are directly attributable to efforts to unlock the Class Vehicle immediately following a Spontaneous or Unintended Locking, and (c) if no loaner or free rental was otherwise provided, reasonable one-day car rental costs (subject to a maximum reimbursement $50) while the Class Vehicle was under repair due to a Spontaneous or Unintended Locking of the Comfort Access System.
- “MAXIMUM REIMBURSEMENT AMOUNT””Maximum Reimbursement Amount” means (a) for Non-Emergency Out-of-Pockets Costs, a maximum reimbursement up to one hundred fifty dollars ($150), or (b) for Emergency Lockout Out-of-Pocket Costs, a maximum reimbursement up to a combined six hundred fifty dollars ($650) comprised of $150 maximum for Non-Emergency Out-of-Pocket Costs and up to $500 maximum for Emergency Out-of-Pocket Costs.
Click here for more information about damages you can recover.
For any inquiries concerning receipt of your claim form submitted before April 8, 2019, deadline, supporting documentation, issues concerning deficiencies, obtaining a claim number and control number, please contact the Settlement Administrator, Rust Consulting at
