Slipping and Overheating Automatic Transmissions

Posted on
Tagged
#transmission #lawsuit
Cross section of transmission

The Nissan Maxima (2004 / 2005 / 2006) seems to have the worst of the worst, but there are reports of similar problems in the Altima (2005 / 2006) and Quest (2004 / 2005 / 2006 / 2007).

Class-Action Lawsuit

A class action lawsuit was filed on on September 30, 2011 accusing Nissan of premature transmission failure in the 2004-06 Maxima, 2005-06 Altima and 2004-07 Quest vehicles with automatic transmission and the 3.5 liter V6 engine.

As stated in the suit, these vehicles are subject to:

"…transmission slippage, premature clutch wear, overheating, and other problems that ultimately result in serious and expensive damage to the vehicles’ transmission."

So in other words, these transmission are crap. And rather than alerting consumers, Nissan "concealed this problem from its customers at the time of purchase or lease and thereafter" should be held accountable.

Class Dismissed

The case didn't get off to a good start when in September 2012, all claims of "breach of implied warranty of merchantability" were dismissed.

The case still had claims of breach of express warranty, unjust enrichment, and consumer fraud to work with.

However, that all came to a screeching halt in December, 2014 when the class-action was decertified. The presiding NJ federal judge ruled that "all the Class claims brought forth by the suit’s named plaintiffs cannot be supported by evidence and are untimely."

The case was Howard Teba v. Nissan North America, Inc. and Nissan Motor Company, Ltd.


Torque converter image by BerndB under Creative Commons

Generations Where This Problem Has Been Reported

This problem has popped up in the following Nissan generations.

Most years within a generation share the same parts and manufacturing process. You can also expect them to share the same problems. So while it may not be a problem in every year yet, it's worth looking out for.

OK, Now What?

Maybe you've experienced this problem. Maybe you're concerned you will soon. Whatever the reason, here's a handful of things you can do to make sure it gets the attention it deserves.

  1. File Your Complaint

    CarComplaints.com is a free site dedicated to uncovering problem trends and informing owners about potential issues with their cars. Major class action law firms use this data when researching cases.

    Add a Complaint
  2. Notify CAS

    The Center for Auto Safety (CAS) is a pro-consumer organization that researches auto safety issues & often compels the US government to do the right thing through lobbying & lawsuits.

    Notify The CAS
  3. Report a Safety Concern

    The National Highway Traffic Safety Administration (NHTSA) is the US agency with the authority to conduct vehicle defect investigations & force recalls. Their focus is on safety-related issues.

    Report to NHTSA