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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
2005 quest. 117000 miles. Timing chain issue. Telling me 1800$ Anybody have any idea if nissan is gonna fix this?
I have a 2007 Nissan Xterra with 70,000 miles on it and had to have timing chain replaced. Dealership quoted me about 2000.00 to repair and had my own mechanic do the work for 1500 and Nissan is offering me 500.00 to settle because I went to an independent mechanic.
I have a 2005 Nissan Pathfinder 140,000 miles. Last week paid $3,200 at dealership for front lower control arms, rear upper and lower control arms, springs, front u joints, alinement, and two tires. When service manager hand me the bill he tells me the squealing noise is the timing chain and it’s going to need replacing at the sum of $1,800 but he would take $500 off. He also stated it’s a common problem with the Pathfinder.
2007 Nissan Quest – replaced Catalytic Converters – PCV Valve and Cover – Timing Chain went at 75 mph on Highway. . . Van purchased in Oklahoma…
Will this be opened to the remaining 48 states? What are our resources outside of California???
I have the same issue. My son has a 2007 Nissan Xterra and we were informed yesterday that he needs to have the timing chain replaced. We were given an estimate of $1791. Now we need to deal with this problem before we send him off to college. Truly an expense we weren’t planning on.
We have an 05 Xterra that we recently just bent over for Nissan Canada and had them fix the transmission issue, only to find after the warranty was up, tranny crapped out again..Had a transmission shop rebuild it because Nissan wouldn’t do anything for us, to which the transmission shop said if they had of rebuilt it in the first place, we wouldn’t be going through this.. $7500 in a year and a half span, I’m wondering what’s happening with this timing chain tensioner issue in Canada, as I will be going bankrupt if this happens to me.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
i have a 2006 maxima 70,000 miles noise and check engine error (timing tensioner etc.)
how do i get involved with this suit
I have a 2007 xterra, making whining noise, took it to Nissan dealer, the said it is the Timing chain tensioner. Repair will be 1800.00. Add me to the suit, or let me know how to join.
Same issue. Car purchased in FL. What is my recourse. Truck is about to crap out!