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A class action settlement between Nissan North America Inc. and some Nissan truck and SUV owners was reached in which the automaker was charged with selling vehicles with defective brakes that could cause the vehicles to fail.
Owners of 2004-2008 Nissan Titans, Armadas and Infiniti QX56 trucks and SUVs could receive up to $800 if their vehicle had less than 48,000 miles when the faulty brake system was repaired and $20 at a minimum, if their vehicle had more than 120,000 miles at the time of the repair.
This Nissan class action settlement could affect about 350,000 current and former owners of the named Nissan and Infiniti vehicles. The owners will be able to file claims to be reimbursed for money they spent to have the defective brake system repaired, which could lead the vehicles to sudden failure.
“There can be little doubt that the proposed settlement is ‘within the range of possible approval,'” the plaintiffs said in their unopposed motion for preliminary approval of the class action settlement.
“The settlement addresses the safety defect that was alleged in this lawsuit and provides a fair mechanism for reimbursement of the cost of repairing or replacing [delta stroke] parts that have failed,” they added.
Even though the Nissan class action settlement was reached, the automaker denies any wrongdoing in the matter and claims that it was not aware that there the brake system in the vehicles was defective and there was no intention to deceive the vehicle owners about the defect.
Nissan had also said that if the matter had gone to trial it would “vigorously” contest the allegations.
The Nissan defective brake system class action lawsuit was first filed in April 2011 by plaintiffs Erin and Brandon Banks and David Soloway. Arkansas Plaintiff Tom West, who is now one of the proposed class representatives, filed a similar class action lawsuit in November 2011.
They claimed in their Nissan class action lawsuit that the [delta stroke sensor] “was defectively designed such that it would fail suddenly and without warning, causing the brakes to lose significant and substantial braking ability and stopping distance.
“All plaintiffs suffered a sudden and frightening loss of braking power attributable to the alleged [brake defect] defect, which can be confirmed by diagnostic error code,” the plaintiffs explained in their motion.
The Nissan defective brake class action lawsuit received class certification in December 2013 for “all California former and current owners of all 2004-2008 Nissan Armada, Nissan Titan (with VDC) and Infiniti QX56 vehicles.”
The plaintiffs are now asking that the class include Nissan owners of the applicable vehicles in all 50 states, which allows West to be included in the class.
“The proposed settlement class is expanded to a national class that includes the owners of affected vehicles in all states of the United States, including California,” the proposed settlement explains.
This Nissan class action settlement is not for those who claim the brake defect caused a personal injury.
The plaintiffs are represented by Clifford L. Carter and Kirk J. Wolden of Carter Wolden Curtis LLP; Michael F. Ram and Karl Olson of Ram Olson Cereghino & Kopczynski LLP; and F. Jerome Tapley and Hirlye R. “Ryan” Lutz III or Cory Watson Crowder & Degaris PC.
Nissan is represented by Timothy W. Loose and G. Charles Nierlich of Gibson Dunn.
The Nissan Brake Defect Class Action Lawsuit is Banks et al v. Nissan North America, Inc. et al, Case No. 4:11-cv-02022, in the U.S. District Court for the Northern District of California.
UPDATE: The Nissan brake defect class action settlement is now open! Click here to file a claim!
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14 thoughts onNissan Reaches Brake Defect Class Action Settlement
Hi I have 2007 nissan armada, I bought about 2 years ago with 126k kilometers. It has the same problem as described in the posts brake light on dash coming on and lack of brakes ,stop turn engine off and on .what I want to know is has this problem been solved, it happened twice yesterday in one day hasn’t happened for about 10 months thought it might have corrected itself what hasNissan done to resolve this issue,
Hey I’m a class member for this issue regarding Nissan Titan delta stroke sensor and I’m not able to file a claim. What do i do?
You can contact class counsel with your questions. Counsel is listed in this article and can be Googled for contact information.
I filed a claim and I never heard anything or received and reimbursement for my repairs. can someone let me know when I will hear something. my contact info is ( nippy24@aol.com).
UPDATE: The Nissan brake defect class action settlement is now open! Click here to file a claim!
My husband Titan has had issues for a long time ,he kept telling me something is wrong with the brake booster and has been for a while ,we live on a limited budget so how do we get involved in this law suit ,I am so concerned about him driving the truck
I have the same issue, I almost killed myself and others on the freeway. My brake light went on and had no brakes. I was doing almost 70 miles an hours and all cars on the freeway came to a stop and I couldn’t. I was able to swerve into a construction zone and it took me about 900 yards if not more to come to a stop. I have a 2004 Nissan Titan and purchased it brand new in 2004. I currently have 79,000 miles on it and will not drive it because of the brake issue. I spoke with the dealer a week ago and they will do it for $1600. BUT… they said it might not fix the issue. They have replaced the brake boosters/chip and they are still having the same issue. I think we all need to get together and sue them again for a fix/recall or replace the Truck’s/SUV’s. My question is WHERE IS THE DOT (Department of Transportation)??? Why is this not a Safety issue and a mandatory RECALL? I will be contacting my House/Senate Rep to see if they can push this along! I’m so upset with NISSAN, I will never buy one again! To bad for NISSAN, My son, dad, sister and I own a NISSAN. They too will never buy a NISSAN again!
Same problem as you stan Drummond!!:(
On my Nissan Armada year 2005 this problem has been going on for 3 years now, the emergency brake lights come on once a week while driving. The brakes basically stop working when this happens, when I push on the brakes they make a loud sound. I have to turn the car completely off and turn it back on and then everything goes back to normal. I have taken it to different car shops and I took it to Pittsburgh East Nissan, no one can help because they say they don’t know what’s wrong. Took it to Nissan again and of course they want to charge me $2000 and they said the problem is the brake booster. Nissan, this should be a recall! I shouldn’t have to pay for this. The reason why I feel that I should not have to pay for this, is because I’m reading online other Nissan owners comments and they’re all basically saying the same thing that I’m saying about my Nissan Armada, so this is a common problem, there should have been a recall on that year 2005, and 2004. I am reading these comments and I’m very angry and disappointed with you Nissan mainly because it is disturbing that you Nissan knew about this as far back as 2009, and you did nothing about it.
I have a 2004 Nissan Titan and I’m having the brake booster/delta stroke sensor problem a Nissan is dening the problem and making me fix it. It’s a bunch of crap is a defective part it should be on their hands not the owners!
HI..im in a situation ..i have that break buster damage on my 2006 nissan armada…it was so dangerous ..so knowin that theres was more vehicles with the same defect..and that i might get my money back for the repairs..i used my credit card took the suv to the nissan dealership to get it fixed. IT COST ME $1119.00….MY QUESTION IS….I HAVE THE RECEIPTS AND ALL…BUT A NEVER ASK FOR THE DIAGNOSTIC,,SINCE I KNEW THAT WAS THE PROBLEM.. I SAID TO MYDELF WHY BOTHER WITH THE DIAGNOSTIC….AM I STILL ABLE TO ELIGIBLE TO CLAIM MONEY FOR THE REPAIRS EVEN IF MY SUV HAS 105K ON??….PLEASE LET ME KNOW…209 229 3989…JOSE RUBEN MERCADO
Yes you should get paid something off of what you paid for repairs they had a chart showing how much they would pay depending on miles at time of repair
my 2003 Infiniti G35 has an airbag lite flashes I asked them to fix it and they Infiniti said it was fine… should I be concerned about the air bag recall lawsuit