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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
I currently own a Nissan Xterra 2006. The transmission went out with no warning at 128,000 miles. There are also some engine issues. So far I’m up to $2000 and that’s with a discount !! I’m just disgusted with this manufacturer and stuck with a lemon and high repair costs !
I bought a used 2005 Nissan Quest in 2016 or 2017 and van has had alternator, starter, pressure power hose, timing chain. How can I added to claim?
I recently took my 2005 pathfinder to the dealer for a recalled idem to be replaced and three days after I started it and noticed it had a rattling noise. I think it is the timing belt done plenty of research on this matter, but it has over 200.000 miles I have had it for 16 months. What can I do?
2011 juke has gone through 2 timing chains in 83,000 Miles. The second one was failing at 81,000. Nissan told me the earlier service bulletin replacement chain was off warranty and they wouldn’t help me. Dealership wanted $2400 to replace. I could afford that so had it done for less at an ASE certified local repair shop. The regional Nissan representative then told me that because I couldn’t afford to have the dealership do the repair, Nissan refused to compensate me at all.
Class action, Please!
same problem with 2011 nissan juke..what can I do. nissan only agreed to pay half. i was not notified of the recall.
My 2005 G35 sedan timing chain is bad. 150K miles. The repair cost is incredibly expensive. When purchased, I spoke with the Infiniti rep and was told the timing chain would not need service and would never go bad. That turned out not to be true.
I have 2005 Nissan Quest with the same issue-is it too late to get in on this?
I have a I’m 03 murano with a boat load of problems, to include the timing chain. I bought mine used with 100k plus miles. Here’s the deal, we should have researched this problem before we bought the car. No one will reimburse us, so just suck it it up and live with it! Don’t buy Nissan vehicles anymore! Especially used!!!
My 2009 Sentra started acting up on cold days back in December last year by not starting and was told to replace the crank and cam sensors. I did but the problem with starting still remained. (started when plugged into the block heater) I bought a new car in June and was hoping to have my Nissan for my winter car. So when I took it to my mechanic to get it winterized he told me it’s the timing chain and that Nissan’s are notorious for this issue. Do I have any merit to ask my dealership to replace the chain?
Thanks,
Anne Marie
I have a 2007 quest, 94 thousands miles, timing chain bad. I bought it new.
Can’t get no help on recall, can you help?
M.Parker
I am having same issue with 2008 Altima with less than 105000 miles on it. can i get reimbursed somehow from nissan?