Legally reviewed by: Jessica Anvar Stotz, JD, MBA
Short answer: In order to determine whether you can join a class action lawsuit for your defective Nissan, specific facts about the nature of the defect are required. Many different class actions for the same manufacturer can be open at the same time and for many different issues, so staying informed and updated on developments within these suits can be beneficial for customers seeking to join one.
There may also be other, more advantageous, routes to being compensated as the consumer of a defective vehicle, like a lemon law claim. This article will help explain some of the factors consumers should consider when making the decision to join a class action lawsuit or not.
Purchasing a vehicle only to later find out it is defective is a very stressful experience for most. Consumers who find themselves in such a situation should weigh their options carefully between joining an existing class action or filing an individual lemon law claim.
Past Nissan class action lawsuits have involved things like engine defects, transmission problems, rollaway trucks, and more. To find out more about them and how to join, continue reading.
5 Steps to Joining a Nissan Class Action Lawsuit
1. Find an upcoming or ongoing class action lawsuit that is relevant to the problem you are experiencing.
Class action lawsuits require the legal teams hired to manage them to identify a “class” of people who then all sue together. These classes must be specific in defining the boundaries of who was likely impacted by the defects, meaning not everyone can validly join every class action.
For example, attorneys are currently investigating certain 2017-2024 Nissan Rogue, Altima, Infiniti QX50, and QX55 vehicles for engine problems.
A consumer who owns a defective 2015 Rogue, or a defective 2018 Rogue without engine problems, could not join this class action despite owning the “correct” vehicle.
2. Stay updated on information as it releases.
Class action lawsuits always begin as investigations because they are complex to litigate, and attorneys want to ensure the case is worth pursuing before they actually pursue it.
These investigations can take a long time, so consumers should regularly check on class action lawsuits they believe they may be eligible to join as the investigation continues.
Websites like classaction.org are some of the best places to do so, as they update their articles regularly and can be searched for relevant cases effectively and efficiently.
3. Fill out a contact form on the class action page or get in touch with the attorneys handling the case directly.
These attorneys will direct you to submit documentation, explain your situation, and generally guide you throughout the rest of the class action process.
4. Wait and continue to stay updated as the lawsuit progresses.
One of the perks of being a member of a class in a class action lawsuit is being largely uninvolved in the actual legal process. A lead plaintiff will be designated for the class, who handles most of the “front facing” duties for the class as a whole.
5. Collect a settlement amount if the class action settles.
The same articles that provided information about the lawsuit will contain links to where members of the class can collect, if the attorneys do not provide them to the class members themselves.
This page shows an example of such a settlement website announcement. Attorney’s fees are split among all class members, so any individual cost will likely be low or nonexistent.
Weighing the Pros and Cons Joining a Nissan Class Action Lawsuit
There are both pros and cons that come with joining a class action lawsuit, some of which have already been briefly touched on. Below is a list of a few pros and cons.
Pros
- Less Direct Input from Class Members: One of the biggest benefits of joining a class action lawsuit is the lack of input needed from the average class member. Because a lead plaintiff is designated to represent the class and make decisions for it, individual members typically need to simply follow attorney instructions as they come and wait for the case to resolve.
- Legal Fees Covered: Legal fees are not only split between members of the class but are paid for through the settlement amount. This does mean that each individual class member receives a little bit less as an award, but it also means that the legal process comes at no cost to a class member.
- Strength in Numbers: Because class action lawsuits consolidate so many individual claims, they can sometimes be stronger against the manufacturer because they have so much more combined evidence and examples of defects and problems caused by them.
Cons
- Blanket Coverage of the Issue: As mentioned, class action lawsuits function by consolidating many similar claims together. In this process, specific details of situations tend to get somewhat washed out in favor of a more overarching narrative. This means that if you suffered some kind of unique or extreme damage as a result of the defect, a class action may “flatten” this out into the more general claim and cause you to lose out on a potentially higher settlement.
- Less Direct Input from Class Members: Though advantageous in some ways, the lack of direct class member input can be a downside for class members who would prefer to have more control over their claim.
- Generally Less-Favorable Settlement: Because of the same claim “flattening” already mentioned, class action lawsuits generally provide a smaller total award amount to their plaintiffs because the amount is split across many people and addresses the issue in a general sense. Once again, a consumer with a specific and extreme set of circumstances would probably not see as great a settlement amount in a class action as in an individual claim.
Why Pursuing a California Lemon Law Claim Can Be a Better Option
Though class actions are useful tools, individual lemon law claims can often be a better option for individual consumers. A lemon law claim in California is based on a reasonable number of repair attempts for the same or similar defect on a warrantied vehicle that substantially impair its safety, use or value.
If these conditions are met, the vehicle is considered a lemon, and the manufacturer must either replace it or refund the consumer all of the money they spent on it minus a usage fee.
Pursuing a lemon law claim can be a better option than a class action lawsuit for a few reasons. First and foremost, it addresses specific and extreme situations much more adequately than a class action lawsuit does.
A lemon law claim filed by you is only concerned with your specific issues, meaning it aims to get compensation for you for the specific damages you have suffered.
Secondly, the remedy in a lemon law claim will almost always be greater than that of a class action lawsuit. This is largely connected to the previous reason, because a more tailored claim regarding the replacement or refund of an entire vehicle will typically outweigh the settlement in a class action lawsuit.
Finally, consumers who desire it have much more control over their lawsuit if it is an individual lemon law claim. Again, this lawsuit involves only you, so you get to make decisions regarding how it progresses (within reason, depending on the advice provided by legal counsel).
Work with an Experienced California Nissan Lemon Law Attorney!
If you have recently discovered a defect in your Nissan and authorized dealers have been unable to repair it, you may be dealing with a lemon! Knowing your rights as a consumer is vital in such situations to ensure you can the compensation you deserve.
That’s why we founded the Lemon Law Experts, who have been working since 2009 to get consumers the legal counsel they need to bring lemon law claims against manufacturers.
Manufacturers bring their best to fight against consumers bringing these claims: you need to as well. Contact us today by calling (877) 885-5366 or fill out a form on our website to get connected with a qualified California lemon law attorney.
