It could later be expanded and it’s seeking a permanent fix for all affected owners. The lawsuit covers all current and former Nissan owners and lessees in New York, Florida, Maryland and New Jersey. 2005–2010 Nissan Frontier (with VQ40 engine).2004–2006 Nissan Altima (with VQ35 engine).The vehicles mentioned in the lawsuit include some of Nissan's most popular models: And while TSBs are generally just intended as instructions for mechanics, it feels slimy to hear that Nissan wants to make sure any complaints are dealt with quietly. The lawsuit claims that Nissan has known about the defects since 2004 and references a Technical Service Bulletin (TSB) that Nissan sent to its dealers regarding "buzzing and whining noises" from the timing chain.Īs part of the TSB, dealers were told to offer "goodwill adjustments" to owners, but only those that specifically asked for it. (doesn't really roll off the tongue, eh?)
The class-action is titled Vincent Chiarelli, Philip Dragonetti, Michele Maszon, Todd Maszon and Chris Santimauro vs. The first timing chain lawsuit was filed in the Eastern District of New York. Class-Action for Residents of NY, FL, MD, and NJ ∞ Why 120,000 miles? An interesting nugget found in the court documents shows Nissan arguing that 120,000 miles is the “full life expectancy” of their vehicles. Reimbursement percentages are based on the mileage of the vehicle at the time of repair, up to 120,000 miles ( see how it breaks down). Alternatively, those owners and lessees may receive a voucher to be used toward the purchase of a new Nissan vehicle. Under the settlement, affected owners and lessees are entitled to partial reimbursement for money spent in connection with the diagnosis of, repair to, or replacement of the primary or secondary timing chain systems or components. Settlement offers reimbursements for previous repairs ∞Ī settlement was reached in December 2017, with Nissan providing reimbursement options to certain owners. It basically means the judge thinks the case holds merit, and can continue in court. Thus, return of the average cost of repair would provide restitution to these class members because they have already spent that money to repair or diagnose their vehicles."Ĭertification is the often referred to as "the most important step" because a judge can use their discretion to dismiss a case, even if all the legal T's are crossed and I's dotted. The class vehicles are alleged to have a common defect that the California Statutory and Washington classes all had repaired, thus spending money that they would not have needed to spend had Nissan either disclosed the defect or repaired itself. " “Here, the Court finds that Plaintiffs have sufficiently alleged common damages formulas for the three classes. What they fail to mention is how those loose timing chains can suddenly become engine-killing busted timing chains.ĭespite Nissan’s defense, a California judge certified the suit anyway. They argued that there's no concealed defect or evidence that such a defect would make the vehicle unsafe to drive. Nissan admitted their timing chains are loud, but not unsafe. The lawsuit sought damages for owners in California and Washington state. Nissan North America, the plaintiff claimed that Nissan violated the law by concealing a known safety defect in the timing chain system.
Class-Action Leads to Reimbursements for Residents of CA and WA ∞ Multiple lawsuits have pointed to previous Technical Service Bulletins (TSB) as evidence that Nissan knows about the defect, but refuses to notify owners or issue a recall. Owners without JUKES have taken their issues to the courts. The automaker wouldn't call it a recall, however, because they said they "caught it" before it became a safety concern.Īs part of the campaign every 2011-2013 owner affected got a new chain guide, crank sprocket, and timing chain. In May 2014, Nissan issued a timing chain service campaign for 104,000 JUKE subcompacts. Early Warning Signs in a JUKE Service Campaign ∞ Others say the chains are weak and prone to stretching. Some have suggested that a manufacturing defect created timing chains with sharper edges that rapidly saw through their guides. Certain Nissan vehicles are gaining a reputation for early problems in the timing chain system, including issues with the chain tensioners, guides, and shoes.
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