Los Angeles, CA: A settlement has been reached in the defective brake class action lawsuit pending against Nissan North America Inc. Under the terms of the deal, Nissan will pay vehicle owners up to $800 each. The lawsuit alleged that the braking system in certain Nissan trucks and SUVs is prone to sudden failure, increasing the risk for injury and death.
The lawsuit was originally filed in April 2011 by Brandon and Erin Banks. It alleged the defective sensor posed a serious safety threat to consumers because it controls critical safety aspects of braking and was prone to failure. The defect caused drivers to be suddenly unable to stop their vehicles within a reasonably safe time and distance, or at all.
Furthermore, the complaint states, the automaker knew about the defect but hid it from consumers "to [Nissan's] significant financial gain."
Under the proposed the terms, current and former owners of approximately 350,000 2004-2008 Nissan Titans, Armadas and Infiniti QX56 vehicles in the US can file claims seeking reimbursement for out-of-pocket expenses they incurred in replacing or repairing a defective delta stroke sensor, which is a component of the faulty braking system.
According to court documents, the plaintiffs asked the court to certify a proposed nationwide class of consumers who own or formerly owned the affected vehicles and were forced to replace the faulty sensor. Plaintiffs with personal injury claims relating to the affected vehicles are excluded from the class.
Nissan will begin reimbursement at $20 for vehicle owners who had in excess of 120,000 miles at the time of the repair. Reimbursement will go up to $800 for vehicles that had less than 48,000 miles at the time of repair.
According to the settlement motions, Nissan will distribute notices to the class members via direct mail and to addresses obtained through Nissan or public records utilizing vehicle identification numbers, the motion says. Class members will be directed to a website and a toll-free number maintained by the settlement administrator that will provide information concerning the settlement, including, if requested, a copy of the long form notice.
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.
The case is Banks et al v. Nissan North America, Inc. et al, case number 4:11-cv-02022, in the U.S. District Court for the Northern District of California.
I have had problems with the brakes in my 2006 Armada. It started with the brake light coming on. I would stop turn the car off restart and the light goes off .The brakes are find there is something else going on. Dealer say there is no recall. If I don't notice the light is on and I step on the brakes The brakes send me forward into the steering wheel. One repair shop says it's the VDC or DSS. I don;t have the money to repair it. The car only has 102198 miles
Posted by Harold Carter
I have had this issue and had taken it to nissan and they claim there is nothing wrong. I have to pull over and restart the car.
Posted by Gennaro Massi
I was involved in an accident caused by faulty breaks on my 2007 Qx56 please someone help ...
Posted by Sonja Duke
I have a Qx56 2005 and the brakes have been slipping. I have to turn the car off and restart. Sometimes it works the first time and sometime it does not. I took it to ihe Infiniti dealer but said they didn't find anything wrong with it. How ever it is still malfunctioning.
Posted by marsha frederick
hello I received a letter in the mail concerning his recall I currently own a 2005 Infiniti Q 56 can you send me some info via email on whom I will need to contact concerning this recall
Posted by j. craig cowgill
babbad brakes and my car caught five in my garage and burn up.
Posted by Ron meckling
What happened to the law suite I never received any money all paper work was submitted
Posted by BLANE WILSON
CLAIM NBK-DEF-60000428601 1325 RECEIVED LETTER // IT SAID I WAS MISSING INFO LETTER SENT TO ME IN SEPT I RETURNED IN SEPT SAME MONTH YEAR 2015
FEB 2016 NO WORD. WHAT IS GOING ON?
Posted by Monique B Va
When will these reimbursements be paid out? I sent my paperwork in last Sept 2015.
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