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Nissan has agreed to settle a class action lawsuit alleging certain vehicles contain a timing chain defect by offering partial reimbursement to drivers in the form of either a voucher toward the purchase of a new car or coverage of the repair.
Plaintiffs alleged in their 2012 class action lawsuit that a defectively designed timing chain caused degradation in protective services and could even lead to engine failure in certain Nissan vehicles. The Class vehicles include the 2004-2008 model year Nissan Maxima, 2004-2009 model year Nissan Quest, 2004-2006 model year Nissan Altima (equipped with a VQ35 engine), 2005-2007 model year Nissan Pathfinder, 2005-2007 model year Nissan Xterra, and 2005-2007 model year Nissan Frontier (equipped with a VQ40 engine).
The Nissan class action lawsuit alleged that Nissan knew or should have known about the defective timing chain. Further, by failing to inform affected Nissan drivers or fix the problem, Nissan violated California and Washington consumer protection laws as well as federal law, alleged the plaintiffs.
Nissan argued for the dismissal of the class action lawsuit, but their motion was denied. The plaintiffs won certification of their proposed Classes in April of 2016.
“The proposed settlement was the culmination of protracted discussions between the parties, voluminous discovery, and thorough analysis of the pertinent facts and law at issue,” states the plaintiffs’ motion to approve the settlement.
According to the motion, Nissan will either reimburse owners up to $900 for the cost of repairing the defect, depending on the mileage of the vehicle, or provide a voucher toward the purchase of a new car. Vouchers range from $500 to $1,500, also depending on the mileage of the vehicle.
Class representatives will receive $5,000 and Nissan will pay $5.2 million in plaintiffs’ attorneys’ fees and $800,000 in expenses.
The parties agreed on two Classes;
“(1) All former or current owners or lessees of Class Vehicles who purchased or leased the vehicle in Washington, (the ‘Washington Class’); and (2) All former or current owners or lessees of Class Vehicles who purchased or leased the vehicle in California, except for the Excluded Parties (the ‘California Class’).”
Nissan has agreed to provide notice to Class Members, including a single mailed notice and a website for information about the settlement. Nissan will also maintain an email address and toll-free number.
Class Members that seek reimbursement for repair of the defective timing chain will be required to submit a valid claim establishing out-of-pocket payments for qualifying repairs. Class Members seeking vouchers will also need to submit a claim to the claims administrator.
“The parties have negotiated a fundamentally fair, adequate, and reasonable settlement,” states the plaintiffs’ motion for approval of the proposed Nissan settlement.
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 plaintiffs are represented by Roland Tellis and Mark Pifko of Baron & Budd PC, Payam Shahian of Strategic Legal Practices APC and Jordan Lurie and Cody Padgett of Capstone Law APC.
The Nissan Defective Timing Chain Class Action Lawsuit is Kobe Falco, et al., v. Nissan North America Inc., et al., Case No. 2:13-cv-00686, in the U.S. District Court for the Central District of California.
UPDATE: April 2018, the Nissan defective timing chain class action settlement is now open. Click here to file a claim.
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42 thoughts onNissan Agrees to Settle Timing Chain Defect Class Action Lawsuit
I have had so many issues on my Frontier ’05 truck and so much expense I could have bought another vehicle. I’m so over this truck makes me sick, I’ve always had a Nissan auto, but now not ever sure I want another. I never get any recall notices or class action lawsuits for my area. STATE OF TN. PLEASE HELP WITH ANY INFORMATION!! Nissan’s customer services
Just received my settlement check today for $450. Not close to the $1600 spent, but something is better than nothing. Maxima already sold and time to cash the check and move on from this saga.
I have a 2008 Navara and I’ve taken mine back to two different dealers on numerous occasions because the timing chain makes a terrible noise on start up, I know there has been a problem with the timing chain but the dealerships have never been able to hear it so won’t do anything about it even though it was under warranty. Funny that everyone else can hear it. I’ve had the truck from new and it still rattles on start up!
Why is this only in the USA my timing chain went last year so why can’t it be world wide
I bought my 07 maxima in Texas,
Just 5 days ago, it happened to me.
Now I have no transportation and am missing work.
Is there any recourse for me ?
I purchased and replace my timing chain in florida for my 2006 frontier would I be able to file a claim or isist only for Washington and California
I file a claim.Do you have any idea when they start releaseing the claims for the settlement .
I am having difficulty with my timing chain, and as soon as I did I received a letter in the mail concerning this issue. I have not yet taken my car in, instead it has been sitting in the drive way until I can figure out the process to have this resolved. Do I need to get it taken in and fixed before I can file a claim?
I’ve spent 10 days researching this timing chain issue. I want to make you aware that just replacing the chains, guide and related parts may not be a long term fix.A former Nissan service manager says there is a gasket/seal issue in the plate behind the timing chain that causes lower than normal oil pressure which maybe be the real issue behind the chains and guide/tension-er premature failures.
Search google VQ40DE foreign Nissan motor.com
I found out about the class action lawsuit against Nissan when my engine was blown due to the timing chain I believed I was on the list why the proceedings were going through but never heard back from anybody win the case was settled please contact me
The settlement website is now available: https://www.falcovnissan.com/en
My 2007 Nissan xterra off-road have a tencinor problem. Would I be considered as part of the settlement that Nissan puts out .It’s still a valid case.
I own a Nissan X-terra 2007 and I am taking my vehicle in to be diagnosed for the timing belt. I heard hear a weird whining noise under the hood recently. If it is not diagnosed with the timing belt issue and it is not replaced now. What if it breaks later and ruins my engine? Very concerned