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Earlier this week, a California federal judge certified a class action lawsuit alleging certain Nissan vehicles have a defect in their timing chain tensioning system that can lead to engine failure.
The Nissan class action lawsuit alleges that the timing chain tensioning system is prone to failure, presenting a safety concern for drivers and passengers in the affected vehicles. The plaintiffs claim that a malfunction of the timing chain tensioning system can cause an inability to accelerate, maintain speed and idle smoothly. In addition, a malfunction can lead to catastrophic engine failure.
Plaintiff Kobe Falco initially filed the Nissan class action lawsuit in 2012 claiming that 2004 to 2009 Nissan Quests and 2005 to 2007 Nissan Pathfinders, Xterras and Frontiers were affected by the alleged timing chain defect. Falco claims he was faced with significant repair costs after his 2005 Nissan Pathfinder experienced a malfunction of the timing chain tensioning system.
The plaintiff claims that Nissan has been aware of the defect since at least 2004 but concealed this knowledge so that the warranty period would expire before owners became aware of the issue. He says he would not have purchased the vehicle had he known about this alleged defect.
On Tuesday, U.S. District Judge Dean D. Pregerson certified a California and Washington Class of drivers who have incurred costs related to the alleged defect. He also certified a Class of Nissan owners and lessees in California who have not yet paid for repairs.
In making the decision to grant certification to the Nissan timing chain system defect class action lawsuit, Judge Pregerson found that the plaintiffs had alleged common damages that could be satisfied by reimbursing drivers’ out-of-pocket costs. He also found that Class Members could be identified based on their repair and ownership or lease records.
Further, Judge Pregerson found that the plaintiffs provided sufficient evidence to support their claims that the alleged defect posed a safety risk and that Nissan had been aware of the defect.
“A reasonable consumer would consider the presence of a defect in the timing chain system an important consideration in deciding whether to buy or lease a vehicle because of the safety concerns and also potential repair costs – particularly as the repairs would likely arise after the warranty period ended,” Judge Pregerson wrote in his order. “Therefore, the Court finds ascertainability met for all three classes.”
The plaintiffs are represented by Roland Tellis, Mark Pifko and Isaac Miller of Baron & Budd PC; Payam Shahian of Strategic Legal Practices APC; Jordan Lurie and Cody Padgett of Capstone Law APC; and Dara Tabesh of EcoTech Law Group PC.
The Nissan Engine Defect Class Action Lawsuit is Kobe Falco, et al. v. Nissan North America, et al., Case No. 2:13-cv-00686, in the U.S. District Court for the Central District of California.
UPDATE: On Dec. 1, 2017, Nissan 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.
UPDATE 2: April 2018, the Nissan defective timing chain class action settlement is now open. Click here to file a claim.
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80 thoughts onNissan Class Action over Timing Chain Defect Gets Certified
My 2013 Nissan Sentra has the same problem. I took it to the dealership and they said they couldn’t find any problem. Does my car qualify for the class action?
I have a Nissan Pathfinder 2007, had several problems after paying $45,000. I brought it brand new in 2007. The following have been replaced: Fuel gauge sensor, radiator and flushing of transmission. Radiator fluid mixed with transmission fluid was a defect that was determined after the warranty expired. Nissan refused to fix it and wanted to charge me $7000 to make it whole again. Decided to get a local mechanic to address the repairs. I still have the vehicle. I only wish it ran as good as it looks!
In case you haven’t found out the Defective Radiator destroying the Transmission is covered by a 10 year 120,000 extra warranty from Nissan, they must replace your transmission and your radiator and flush the entire system (both contaminated coolant and trans cooler lines).
This thread is regarding their cheap plastic timing chain guides not the cheap plastic radiator.
I didnt have the warrenty as far as I know.. now Im at 133000 miles & 12 years. Ive already replaced the timing chain & a coil $4000!!
Do I have any recourse?
Hi, my 06 frontier trans was just destroyed by the defective radiator, do u have more info on this extra warentee. U could email me at kimbobarry@gmail.com thanks
How do I sign up for this law suit? I have a Nissan Rogue and does make a noise when I accelerate.
I have a 2005 Altima that had only 106.000 miles on it 3 years ago when the engine blew up on the highway. I live in WI. Is there any way I could join the class action lawsuit. Nissan said there were no reported problems with the Nissian engines.
I would like to be included please.Thank you.
have a 2006 xtera can i get in lawsuit
I have a Nissan Rogue, and I love it! However, it does have a buzzing noise when accelerated, especially while going uphill. Please keep me posted on this class action.
I have a 2005 Murano all this replaced! This should have been included!
I had to replace the timing chain on a 2004 Xterra, which I paid for, and was replaced by Ray Brandt Nissan.
I have a 2007 pathfinder and sometimes when im driving it feels like the transmission kicks
I have a Nissan Rogue and have been having trouble with this rattle noise when I accelerate, I actually was reading info on it yesterday that other nissan owners have been having trouble as well. Then I saw this Class action law suit today, so I am following up to see what my next move should be? Thank you!
Hi I have 2013 rouge which had a rattle when I gave it gas. It turned out to be a jacket kind of thing on the shifter that came loose
I also have a 2012 rogue and mine also makes a sound that I questioned with the dealer and it was still under warranty and they told me there was nothing wrong. But, everyone makes a comment about the sound. I would like to hear how many more have the same problems. I would like to hear from you. Smt51977@yahoo.com