By: Nicole Halavi
In October 2020, a class-action lawsuit brought against Nissan alleged the automaker failed to properly identify car parts according to California’s emission control system warranty requirements. Specifically, Nissan failed to classify parts as emissions warranty parts and high-cost emissions warranty parts. In California, those parts are covered under the emissions warranty for 7 years and 70,000 miles.
The class of plaintiffs includes all drivers in California who, within the last 4 years, have been owners or lessees of the Nissan MY 2011-MY 2017 Juke models and who have paid for repairs and parts for the fuel pump that should have been covered under the automaker’s high-priced warranty parts emissions warranty.
As is often the case, the plaintiffs claimed Nissan refused to pay out for warranty repairs, so instead the automaker limited the parts to be covered under the emissions warranty. Nissan allegedly also limited the high-cost emissions warranty parts that should be covered for 7 years and 70,000 miles, including the Juke fuel pumps.
What are Nissan’s “warranted parts” and “high-priced warranted parts”?
The California Code of Regulations (CCR) defines how the automaker should identify which car parts should be covered as emission parts, and which should be covered as high-priced emission parts.
A “warranted part” is defined as, “any part installed on a motor vehicle or motor vehicle engine by the vehicle or engine manufacturer, or installed in a warranty repair, which affects any regulated emission from a motor vehicle or engine which is subject to California emission standards.” CCR §2035
Therefore, any car part that affects the car’s emissions or causes the on-board diagnostic malfunction indicator light to illuminate should be considered a “warranted part.” This part should have a 3-year, 50,000-mile warranty.
On the other hand, a “high-priced warranted part” should have a 7-year, 70,000-mile warranty because of the labor cost of diagnosing and replacing the defective part.
Unfortunately, Nissan has allegedly omitted from its warranty booklets all the parts that should be identified as emissions related “warranted parts” and “high-priced warranted parts.” As a result, affected customers are told by dealerships that fuel pumps are not covered under the emissions warranties when they in face should be. The cost of repairing or replacing these parts then fall on the customers.
What Can I Do if My Nissan is Experiencing Emissions Problems?
If you are driving a Nissan model that is exhibiting any of the above-mentioned issues, California’s lemon laws are here to protect you and prevent any further complications. The attorneys at CCA are very knowledgeable about the various emissions warranties discussed above and will work with you to fight back against the automaker.
Please do not hesitate to call CCA today for a free consultation: (833) LEMON-FIRM. We’ll get you the compensation you deserve – and at no cost to you!