Emily Sortor  |  February 19, 2020

Category: Auto News

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NissanA new settlement could provide repair benefits to Nissan drivers whose vehicles are equipped with what customers say is a defective engine.

Nissan agreed to settle the engine defect class action lawsuit instead of taking it to court in an effort to avoid the costs and risks of further litigation.

Though the settlement presents less risk, court documents indicate that the repair benefits offered to Class Members will cost Nissan around $6 million in total. 

In October 2016, drivers filed the class action lawsuit alleging that certain vehicles possess a defective engine. Allegedly, there are defective parts in the timing chain systems in the engines that can cause the engine valves to have too much slack. This problem then in turn causes the chains to hit other parts of the engine and damage them, according to drivers.

The plaintiffs say that the defect can cause a range of problems, including loud noises, and even catastrophic engine failure that can put drivers and others in danger.

Customers argue that the company violated both federal and Massachusetts consumer protection laws by selling defective vehicles. Allegedly, the company knew of the problem but did not attempt to warn customers or fix the issue.

The plaintiffs also said that the company had breached its contract and express warranty, and was unjustly enriched by the sale of the defective vehicles.

Nissan tried to fight these claims, and moved to dismiss in May 2017. This motion was rejected in 2018, but some claims were trimmed from the engine defect class action lawsuit.

Drivers filed for Class certification in late 2018. Class Members include consumers in Oregon, Texas, North Carolina, Colorado, New York, Maryland, Florida, and New Jersey who purchased certain Nissan vehicles produced in the middle to later end of the last decade. Vehicles included in the proposed Class are the Altima, Quest, Pathfinder, Xterra, and Frontier vehicles.

These consumers may be able to benefit from the proposed Nissan class action settlement. The settlement will not only cover this class action lawsuit, but a separate one filed in the Eastern District of New York over similar issues.

The company has agreed to extend the vehicle warranties from 60,000 miles to 120,000 miles for affected vehicles, along with providing repair reimbursements. Though the total amount of the settlement was not stated, estimates indicate that the total value of repairs and reimbursements for repairs already performed is around $6 million, with each repair or reimbursement worth around $1,500.

Do you drive a Nissan vehicle? How did you choose your vehicle? Tell us about it in the comments below.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The Nissan drivers are represented by Adam M. Stewart of Shapiro Haber & Urmy LLP, Gary S. Graifman and Jay I. Brody of Kantrowitz Goldhamer & Graifman PC, and Howard Longman and Patrick Slyne of Stull Stull & Brody.

The Nissan Engine Defect Class Action Lawsuits are Duncan, et al. v. Nissan North America Inc., et al., Case No. 1:16-cv-12120, in the U.S. District Court for the District of Massachusetts; and Chiarelli v. Nissan North America Inc., et al., Case No. 1:14-cv-04327, in the U.S. District Court for the Eastern District of New York.

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89 thoughts onNissan Engine Defect Class Action Settlement Reached

  1. Guy E. "Ted" Church says:

    I purchased, New a 2018 Pathfinder, it presently has a little more than 37,000 miles on the engine. It was properly maintained and always used synthetic oil because of the improved life and lubricating factors. The last oil change was on July 4th, 2021. on July 14th while driving, about 45mph, on a city street the engine, without warning, check engine light or overheating, abruptly shook and stalled. I had sufficient momentum to move into a center island turn lane and stop. I tried to start the engine with no response. Had to have the vehicle towed and took it to the dealer in hopes of getting rental while they made the repairs. The diagnosed and said there was engine sludge and that the engine had seized. The advised that they would contact Nissan to get the engine replaced and called me the next day to tell me Nissan had requested pictures of the engine from the bottom which required the engine pan being removed at a cost of $950.00 (approx). I was told if the claim was denied then I would be responsible for this cost, but the cost would be absorbed if they engine was covered for replacement.NISSAN Denied the claim. Dealer wants $8000.00 to replace this low mileage engine. I still owe 18,000 on my Nissan anchor and would like to be included in the class action law suit.

    1. Kelly Bryant says:

      Same exact thing happened to me on my 2019 Nissan Pathfinder. Engine sludge they said yet I got every oil change the car needed. Complete nonsense. The car has 50,000 Mike’s on it. I still owe 26,000 and will have to replace the engine.

      1. Kristina Smith says:

        Same thing happen to us. 2018 Nissan Pathfinder. Engine was knocking at 56,000 miles took it in an said engine had sludge even though all proper maintenance was done. Quoted 16,000 for a new motor. Nissan had red flagged our car to not warranty the engine. Warranty company also wont replace because of sludge. What do we do now?

      2. Russell Mulford says:

        I have same issue with my 2019. My check engine light came on, I took it to a local mechanic who called the dealership and found out I had an extended warrenty. He towed it to the dealership so I woudln’t damage the engine. The dealership said there is sludge in the engine. THey asked for all the oil change receipts going back to 2019. I provided them that documentation after digging and making phone calls. They said they had to take pictures and submit to Nissan. I’m still waiting to see if they will approve it…i don’t have a loaner car and my job is loosing its patience with me as it is frowned upon to work from home. Best part the car only has 39K miles.

  2. Pamela Smith-Brown says:

    2017 Nissan Ultima in Texas with a faulty CVT the same engine that is in the 1415 and 16 Nissan altimas they are totally responsible and should pay for all of a new transmission and one of them go ahead and include the dim headlights while they’re at it unbelievable how about the hood latch that they have known that it’s the same same problem for the last 3 years and there is a recall on it however and I “they have not found a solution to the problem so there is no fix for it you’ve got to be kidding me son give me Nissan do the right thing and include me in this lawsuit.

  3. Mark Petrucci says:

    I have a 2010 Nissan Murano with 110,000 miles with faulty CVT transmission. Please add me to list.

  4. Alana Delgado says:

    I have a faulty cvt transmission on a 2015 Altima. Please add me to the suit

  5. Paul Lubotina says:

    I have a 2017 Nissan Pathfinder. The check engine light came on for the first time, I took to dealership, they suggested 2 repairs (spark plug replacement, replace the timing solenoid), they then came back (next day) and said we needed a new engine for the low price of $12k because the timing chain and values have been damaged. Another mechanic said these engines are known for an oil flow issue that causes these issues. I feel needing a new engine at $105k is wrong. Please add me to this lawsuit.

  6. Julia Coleman says:

    I have a 2012 Nissan Maxima and am experiencing the same with cvt transmission. I would like to be included in lawauit. I was taking care in regularly for issue while still covered and they claimed they couldnt get car to repeat shuddering when exceleratinf but would have me fix other things not needed claiming it would fix the problem. To this day my car does the same thing!

  7. Stacy Brayton says:

    I am in Houston Texas . I have a 2017 Nissan Altima 3.5L V6 engine with 77,540 miles and was just told by Baker Nissan that I need a total new engine replacement. It has white smoke coming from my exhaust pipes. My oil was changed regularly. I want to get in on the class Action lawsuit against Nissan and its faulty engine.

  8. Luigi Roberto says:

    My wife has a 2013 Nissan Rogue 91000 Miles the CVT has been acting up for the pa.st 9 to 12 months.
    well on 4/2/21 it made high pitch whining and slipping to a point power was lost and suddenly increased in speed on the highway. STUDERING,SHAKING and makes unreal noises all coming from the transmission. Car is unable to be driven due to CVT Transmission erratic unsafe operation. Nissan USA is giving me the run around.
    WE WANT TO BE PART OF THIS CLASS ACTION LAWSUIT

  9. Qaadir Oliver says:

    I have a 2015 nissan rogue that has cvt problem s can you please add me to the lawsuit Nissan said I should get another car from them or get the transmission fixed

  10. Rachel says:

    I have a 2011 Nissan Murano that has full CVT transmission failure. I have not fixed it yet because of the price and have found out after the fact of the settlements in regards to the CVT’s in most Nissan vehicles. My vehicle falls under the extended warranty of 10 years/120k miles whichever comes first but Nissan told me my VIN number is excluded from this as the warranty only covered certain manufacturing locations. Please add me to this settlement.

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