— Nissan has agreed to settle a lawsuit over defective brakes with delta stroke sensors that allegedly can cause brake failure in about 350,000 older vehicles. The Nissan delta stroke sensor lawsuit names the vehicles as the 2004-2008 Nissan Titan, Nissan Armada and Infiniti QX56.
Lead plaintiffs Brandon and Erin Banks filed the class-action lawsuit in 2011 that accused Nissan of selling trucks and SUVs that experience brake failures. The plaintiffs claim Nissan concealed the defective delta stroke sensors just so the automaker could make more money.
The delta stroke sensor is part of the electrical system of the brakes and if defective, can cause a complete inability to stop the vehicle. Erin Banks says that's what happened to her when she tried to stop at a red light but continued through the light, all with her kids in the vehicle.
Nissan has agreed to reimburse affected owners $20 to $800, based on the circumstances of each owner. If you own one of the affected Nissan or Infiniti vehicles and had the vehicle repaired when it had more than 120,000 miles, the minimum you will receive is $20. If the vehicle had less than 48,000 miles when it was repaired, the most you could receive is $800.
It's expected lawyers for the plaintiffs will receive about $3.4 million in legal fees and expenses.
For its part, Nissan denies it did anything wrong and says there are no problems with the brakes. However, that's not what many owners say about the 2004-2008 Nissan Titan, Nissan Armada and Infiniti QX56.
"I was on my way home from work and a car cut me off, I stepped on my brakes and the brakes went down to the floor and I heard and felt a grinding noise. I immediately swerved into the dirt and thank god there was no vehicles parked in the area I had turned into. I was told a code #C1179 delta sensor was bad and the brake booster assembly needed to be replaced. I went on line to research this problem and discovered numerous complaints regarding this matter. It is a major factory defect with Armadas, titan and QX56 models from 04 to present and Nissan refuses to acknowledge it." - 2005 Nissan Armada owner / San Jose, California
"Since 2006 the brake light comes on while driving I have to pull to side because I lost my brakes and I have taken to Nissan dealer and they have adjusted the delta stroke sensor. I have been doing this for many years into my warranty expire." - 2005 Nissan Armada owner / Orlando, Florida
Although the settlement, if approved, would help with monetary losses from paying for repairs, the lawsuit won't affect claims concerning injuries related to the defective brakes.
The Nissan brake / delta stroke sensor class-action lawsuit was filed in the U.S. District Court for the Northern District of California - Banks et al v. Nissan North America, Inc. et al.
The plaintiffs are represented by Carter Wolden Curtis LLP.
Read owner-reported complaints about the brakes in the trucks and SUVs named in the Nissan lawsuit:
- Infiniti QX56 Problems - Read all reported problems