Gary S.
Graifman,
Esq.
KANTROWITZ,
GOLDHAMER &
GRAIFMAN, P.C.
210
Summit Avenue
Montvale,

New

Jersey 07645
Thomas P.

Sobran,

Esq.
7

Evergreen
Lane Hingham,
MA
02043

Bruce H.
Nagel, Esq.
Randee M.
Matloff,
Esq.
NAGEL
RICE, LLP
103
Eisenhower
Parkway
Roseland,
NJ
07068
DEFENDANT’S
COUNSEL
Christopher
J.
Dalton, Esq.
Argia J.
DiMarco,
Esq.
BUCHANAN INGERSOLL &
ROONEY
PC
550
Broad Street, Suite 810
Newark,
New Jersey 07102-4582
18. What’s the difference between objecting and excluding?
Objecting
is
Settlement.
Excluding
part
of
basis to

simply telling Judge
You
can
yourself
is
the
Settlement.
object because the

Waldor that
object only
telling Judge
If
Settlement

you
don’t like
something
if
you
stay
in
the
Waldor that
you
don’t want
you
exclude yourself,
you
no
longer affects you.

about the
Settlement.
to
be
have no

19. When and where will Judge Waldor decide whether to approve the Settlement?
Judge Waldor will
hold a
“Final Approval
Hearing”
to
decide whether to
approve
the
Settlement
on
February 16, 2021 at 11:00 a.m.,
at
the
United States District
Court for
the
District of
New Jersey, Rev. Dr.
Martin Luther King, Jr.
Federal
Building
&
U.S. Courthouse,
50
Walnut Street, Newark,
New Jersey 07102.
At
this
hearing,Judge Waldor will
determine
whether the
Settlement
is
fair,
adequate,
and
reasonable
and
whether the
objections
by
Class Members,
if
any,
have merit. If
you
have filed an
objection
on
time, you
may
attend and
ask
to
speak, but
you
don’t have to.
However,
Judge Waldor will
only listen to
people who
have asked to
speak at
the
hearing (see
Question
21
below).
At
this
hearing,Judge Waldor will
also
decide the
service payments
for
the
Class Representatives,
as
well
as
the
attorney’s
fees
for
the
lawyers representing
the
Class Members.
We
do
not
know how
long the
Court’s decision
will
take, and
the
hearing date
may
change due
to
other court business.
You
should monitor
QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
11
-

www.TimingChainModuleSettlement.com
to
and
to
learn if
Judge Waldor has

find
out
approved

if
the

any
dates
Settlement.

have

questions
your own
to
come
your valid
You
may

Judge Waldor may
have,
expense.
If
to
Court to
talk
written objection
on
also
pay
another lawyer

changed

20. Do I need to go to the hearing?
No.
you
send
it.
Judge
attend,

Class
are
an

Counsel
will
answer
welcome
to
come
objection,
you
don’t
As
long as
you
Waldor will
consider
it.
but
it’s
not
required.

any
at
have
mail

but
you
about
time,
to

21
You
Civil
No.
2021,

may
ask
Hearing.
Appear”
Action
2:17-cv-07386.
signature,
Notice of
and
mailed
speak at
Settlement.

Judge Waldor for
permission
to
speak at
the
Final Approval
To
do
so,
you
must file
a
“Notice of
Intent to
in Gelis, et al. v. Bayerische Motoren Werke Aktiengesellschaft and BMW of North America, LLC,
Be
and
Intent
to
the

sure
to
include
other requirements
to
Appear must
the
addresses
hearing if
you

your name, address,telephone
outlined
in
Question
be
postmarked
no
later
listed in
Question
17.
have excluded
yourself

number,
17.
Your
than
January
19,
You
cannot
from the

22. What if I do nothing?
If

you
do
nothing,
any
other lawsuit against
by
the
Settlement.
benefits described
in
timely submit a
Claim
program.

you
will
BMW of
You
Question
Form.

give
North
will
6
You

up
the
America
not
receive
offered by
will
be

right to
be
about the
legal
any
of
the
this
Settlement
eligible for
the

part
of
claims released
reimbursement
unless you
future repair

23. Can I get more details about the Settlement?
This

notice summarizes
the
Settlement
Agreement.
related documents
at

proposed
Settlement.
More details are
in
You
can
review the
Settlement
Agreement
www.TimingChainModuleSettlement.com.

QUESTIONS? CALL TOLL-FREE (866) 411-6985 OR VISIT www.TimingChainModuleSettlement.com
12
-

the
and

Attachment to SI B11 02 21

July 2021

E84 E89 F1x F2x F3x N20 N26 Engine Timing Chain and Oil Pump Drive Chain Modules –
RepairRelated Alternate Transportation.
Note: Any other available BMW Alternate Transportation Measures (ATM) programs do not apply to this
vehicle repair situation.

PROCEDURE
BMW AMP Vehicles (Standard)
Subject to availability, please provide the owner/operator with a comparable BMW AMP loaner vehicle from
your loaner fleet.
Or:
SI B11 02 21 Rental Car Procedure
Due to the shortness of the timing/oil pump drive chain diagnosis time, it is recommended that this diagnosis
be carried out as a waiting job.
Car rentals related to diagnosis only cases (no repair required) will not be reimbursed.
If a Class Vehicle that is covered by this Class Action requires a timing chain/oil pump chain replacement,
BMW NA will cover the cost of up to 3 days car rental. Where possible, please schedule these repairs early in
the week. BMW NA will not pay any expenses for weekend car rental days (Monday through Friday only).
A rental car is purely a goodwill gesture and is not part of the Class Action Settlement.
Rental car compensation will be reviewed on a monthly basis. BMW NA may reduce or stop a rental car
reimbursement. If this action is required, advanced notice will be given.
Prior AAM Field Authorization (FAS) is not required.
Please provide the customer with a vehicle through one of our preferred third-party rental car providers
(Enterprise or Hertz if available in your area).
BMW will reimburse the following:

All Rental
Vehicles

•
•
•
•

Up to $44.00 a day; plus, any
Market surcharge (if applicable); plus, the
CDW* (Collision Damage Waiver) protection - when the rental vehicle agreement
“signee” accepts this “optional” coverage; plus
Taxes

Invoice these allowable rental car expenses (Excluding fuel) as a separate line item on the repair order as
outlined below.
Rental Vehicle Invoice - Required Information for Claim Submission
Your center must itemize the rental car invoice in the claim comments, please ensure that you always include
the following information:

1
6/2021

Attachment to SI B11 02 21
Rental Vehicle Invoice - Line items

Required Information to be provided

Brand of rental vehicle in use

Model year and description

Rental period

Total number of days

Market surcharge (If applicable)

Cost per day and the total amount

CDW* (Collision Damage Waiver)

Cost per day and the total amount

Taxes

Total amount

Other Optional Protection/Insurance Coverage
BMW will only reimburse the cost of the applicable Collision Damage Waiver (CDW)* protection that
the rental vehicle agreement “signee” accepted.
*Note: The Collision Damage Waiver (CDW), this may also be referred to as the Loss Damage Waiver (LDW),
or the Physical Damage Waiver (PDW).
If your customer wants to obtain other optional protection or insurance coverage, for example:
•
•

SLP/SLI/LIS (Supplemental Liability Protection or Insurance/Liability Insurance Supplement); and/or •
PAI (Personal Accident Insurance); and/or
PEC (Personal Effects Coverage).

The cost of this optional coverage would be at the owner’s/operator’s expense.
Important Note
If the customer believes they have access to optional protection/insurance coverage that will
apply to their loaner car or rental vehicle either through their credit card company, and/or
personal car insurance (including other drivers and/or total loss), please encourage them to verify
if and what coverage above is available to him or her.

WARRANTY INFORMATION
Reimbursement for an eligible Engine Timing/Oil Pump Chain Repair related car rental (up to 3 days) is via
DCSnet normal claim entry utilizing the following information.
Defect Code:

85800209NA

SI B11 02 21 Timing Chain replacement Rental reimbursement

And:
Sublet Code
3

Sublet at cost

Reimbursement for an alternate transportation vehicle through one
of our preferred third-party rental car providers

2
6/2021