Nissan’s Continuously Variable Transmission (CVT) – originally designed and billed by the manufacturer as a system to eliminate “shift shock” and create a smooth gear shifting experience for drivers – has unfortunately for many vehicle owners, been anything but as advertised.
In fact, the CVT transmission system has been the subject of numerous vehicle and safety issue complaints and transmission defect class action lawsuits in Nissan model year vehicles dating as far back as 2012.
Nissan vehicles affected by CVT issues include the Nissan Sentra, Rogue, Versa, Pathfinder, Juke and most prominently, the Nissan Altima.
Nissan CVT Transmission Issues
The most common issues and defects stemming from faulty CVTs include:
- Rapid onset shaking, vibration and jerking at low levels of acceleration (classified as “juddering and shuddering” in Nissan service bulletins)
- Vehicle hesitation during acceleration
- Stalling or loss of power from the vehicle incorrectly entering “fail-safe mode”
- Reduced overall vehicle performance (from extreme CVT fluid temperature)
- Transmission slippage
- Loud engine and transmission noises
- CVT coolant hose leakage and failure
- CVT error messages displayed on the dashboard
- Defective CVTs being installed knowingly by the manufacturer
- CTV wears down and fails prematurely (just after the manufacturer’s warranty expires)
Nissan CVT Class Action Lawsuits and Extended Warranties
As a result, the Nissan CVT system has been the subject of numerous vehicle recalls and class action lawsuits.
Previous Nissan CVT class action lawsuits have led to financial settlements and most notably, the manufacturer to offer extended warranties of anywhere between 24 – 60 months and 24,000 – 50,000 miles (whichever comes first) depending upon the vehicle. Ideally, this extended warranty should cover all repair, replacement and labor or towing costs for vehicle owners.
However, while class action lawsuits and the resulting Nissan CVT transmission extended warranty are undoubtedly helpful to some vehicle owners, they do not apply to all and do little to address the concerns of many others.
For example, in order to qualify for the extended warranty, a vehicle must meet a specific set of criteria outlined by Nissan.
Moreover, extended warranty qualification requires all repairs and diagnostic assessments to be initially performed at a Nissan dealership – which all vehicle owners may not have easy access to or have been able to do at the time of vehicle failure – and notably, will not apply retroactively nor compensate vehicle owners for any previously purchased repairs.
Additionally, the extended warranty does very little to address the concerns of many Nissan owners who feel they’ve purchased a “lemon” vehicle and feel unsafe driving their vehicles, even after repair.
Nissan CVT Lemon Law and Breach of Warranty Claims
Thankfully, for Nissan vehicle owners regularly impacted by CVT performance and safety issues, there exist a wide range of additional opportunities for financial remedy under both state and federal law.
Lemon Law
At the state level, new and (in rare instances) used vehicle owners are afforded specific protections and opportunities for financial compensation or vehicle repurchase for recurring and irreparable defects under the state’s respective lemon laws.
Generally speaking, lemon law claims may be brought anytime a vehicle has:
- Undergone 3-4 unsuccessful repair attempts for the same issue
- Been out of service for at least 30 days
- Defects substantial enough to seriously impair the safety and/or value of the vehicle
However, unlike federal laws, the specific eligibility requirements and filing period deadlines for lemon law claims are likely to vary from state to state.
Breach of Warranty
At the federal level, the Magnuson-Moss Warranty Act provides vehicle owners with financial protections and opportunities to file lawsuits against vehicle manufacturers for breach of warranty issues like those associated with the Nissan CVT system.
Breach of warranty claims may be brought anytime a vehicle or vehicle manufacturer has:
- Undergone at least 3 unsuccessful repair attempts for the same issue
- Failed to fulfill the promises in the initial vehicle warranty (at the time of purchase)
- Been out of service for 30 or more cumulative days for repair
As such, if a Nissan vehicle like those mentioned above has been impacted by recurring CVT defects (and undergone at least 3 repair attempts), the vehicle owner would be eligible to bring a breach of warranty transmission lawsuit against Nissan at any point during the course of the vehicle’s original warranty period.
Questions About Nissan CVT Transmission Lawsuits?
If your vehicle suffers from recurring CVT related issues and you are interested in pursuing a breach of warranty or lemon law claim, it is highly recommended to consult with a qualified attorney, like those of the Robison Lemon Law Group, to determine the eligibility and actionability of your claims.
The Robison Lemon Law Group is here to help on lemon law and breach of warranty claims in Colorado, Georgia, Illinois, Maine, Maryland, New York, New Jersey, North Carolina, Ohio, Pennsylvania, Virginia, and Washington D.C.
Contact us today via email or call us at (844) 214-6053 to schedule your free consultation.
