Pending Nissan Settlement Could Limit Your Compensation

Nissan was hit with a class action lawsuit based on serious defects built into the 2018-19 Nissan Altima, Sentra, and Versa sedans. After close to a year of litigation, the parties have nearly reached a final settlement. The settlement was previously proposed, and notice was sent to all class members. The final approval hearing is set for March 20, 2023. Anyone bound by the settlement will be precluded from bringing individual claims based on the vehicles’ hazardous defects.

Below, we discuss the case, the settlement, and the consequences for class members. If you chose to opt out of the settlement, or if you are otherwise dealing with a defective vehicle, call a zealous California Lemon Law attorney for help pursuing individual claims.

Nissan Poised to Settle Defective Products Class Action

Nissan is in the process of reaching a final settlement in a class action lawsuit. According to the complaint, a number of Nissan Altima, Sentra, and Versa vehicles were built with a defective continuously variable transmission (“CVT”). A defective CVT can lead to poor transmission performance or outright transmission failure, rendering the vehicle dangerous and unusable. The complaint alleges that Nissan knew about the design and/or manufacturing defects and chose to sell the dangerously defective vehicles regardless.

Ultimately, the parties reached a settlement. Nissan denies any wrongdoing but agreed to provide relief to a proposed class of owners and lessees of the target vehicles. The proposed class includes anyone in the United States who purchased or leased any of the following vehicles equipped with the faulty CVT:

• 2017-2018 Nissan Altima (L33)
• 2018-2019 Nissan Sentra (B17)
• 2018-2019 Nissan Versa Sedan (N17)
• 2018-2019 Nissan Versa Note (E12)

The proposed settlement would extend the CVT portion of the powertrain warranty by 24

months or 24,000 miles (whichever comes first) for owners or lessees. Individual class members who paid for CVT-related repairs out of pocket can file individual claims for reimbursement and may get some or all of their repair costs paid.

Why It’s Good to Opt Out of This Kind of Settlement

If Nissan settles the class action, then all class members will be entitled to some piece of the recovery. They’ll be entitled to an extended warranty for CVT assembly and repairs. They may also be able to seek reimbursement for specific repairs they paid for out of pocket, if they filed an individual claim by the March 15 deadline. Even those individuals may get only a portion of what they spent to fix their cars out of pocket, based on how much Nissan puts into the settlement fund and how many people bring the individual claims. Class members are not entitled to any additional damages.

If you are not part of the settlement, you are eligible to bring an individual claim against Nissan. If you were hurt because of vehicle defects, you can file claims for personal injury. Even if you were not hurt, you can still file claims under California’s Lemon Law. You might be able to get a full refund on your Nissan Altima, Sentra, or Versa, and you may be eligible for a replacement vehicle. In addition, you could be able to collect for incidental costs–such as the cost of a rental car while your car was in the shop–and, if Nissan willfully failed to comply with its duties, you might even be able to collect additional civil penalty damages.

Anyone who did not opt out of the settlement by February is likely bound by the terms of the settlement. If you did opt out and you would like to pursue individual claims for damages–if you are hoping for a complete refund, compensation for any injuries, or compensation for incidental costs incurred due to your faulty vehicle–you need a savvy lemon law attorney on your side. Call Nita Lemon Law today for help pursuing your individual claims.

Seasoned Advice and Representation From a Savvy California Lemon Law Attorney at Nita Lemon Law Firm

If you are experiencing problems with your vehicle, I would like the opportunity to evaluate your lemon law claim at no charge to you and discuss your legal options. For a free, no-obligation consultation, please call me toll-free at 877-921-5256, submit a free case evaluation on my website at www.nitalemonlaw.com, or email me directly at nick@nitalemonlaw.com. Either way, I will personally evaluate your case and promptly respond to your inquiries. I look forward to hearing from you.