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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 a 2005 Nissan Xterra. The timing chain went out right after I bought it in 2018. I had it repaired and am curious if I could potentially be covered by this, though I doubt it since 3 years have passed and given its mileage: approx 135k at time of repair. Thanks, Sean
2011 Nissan Sentra Timing chain went out to lunch. Sound familiar? Factory defect/recall? I’ve seen other models, where they filed law suites, WA.CA.
The car was well maintained.
Purchased a used (1 yr old) 2017 Nissan Pathfinder. It’s 2020 and I have had it for exactly 2 years. It only has 75,000 miles on it. I am still paying on the vehicle. It is valued less than I owe. I have replaced a radiator fan in it this year. Nissan quote $1800, I had someone else do it for about $600. Now my Nissan is at a dealership with $3100 timing chain repair needed. Multiple engine misfires, telling me my chain(s) are stretched. That’s $5000 in repairs in 2 years on a 3 year old vehicle. I’m in PA. Please help!
I have an 06 quest, which has a whine from the secondary chain tensioner plastic shoes being worn down. Now the main chain tensioner guide must have slipped because now it is rattling on startup. I just don’t have the money to make the huge repair. Is this something that I can get covered now? I’m in NY.
I just had to spend 1850.00 for my timing chains due to the weather gallery gasket Nissan used for my 05 altima. This took about 2 years for me to save up and find the mechanic who wanted to do the pain in the ass job that takes 12- 14 hrs to do.
I have something from the claims administrator coming today. Had no idea there was a class action going on, but I hope it’s a reimbursement check for me.
I have something coming as well
Somethings coming today in the mail!
did you ever find what it was?
I own a 2007 Maxima and was told today I will soon need to have my timing chain replaced and they will also replace water pump for $3,046.00. I was checking information on timing chain and came across this article. Is there a way in South Carolina to put in a claim and receive compensation for repair of a known issue that Nissan was aware of?
Why weren’t all 2006 Nissan Frontiers owners informed of pending lawsuit, even when vehicles are bought from dealership?
Why that the Villagers Van wasn’t part of this, they have Nissan Engines? My timing chin went out on a Villager but of course they stop making them in 2001.
I just had to have the timing chain and was told by the dealership that the guides were shredded. They told me that this was a common problem in the quest and a few other Nissan models. So I went on the internet and found this information. In the state of Connecticut is there any way to put in a claim and receive compensation for repair?
I own a 2007 frontier and was told the same thing when I took it in for service on October 2019. This is bull. I bought this truck new and knowing the engine had a chain and not a belt made me feel better in that it would last to at least 200k.
I’ve got a 2007 Xterra and was told today that the timing chain tensioner was bad. Mossy Nissan in San Diego wants $2,470 to fix that and install new water pump. Are lawsuit claims still available? My Xterra has 56K miles on it. Truck is otherwise in excellent shape.