Lawsuit accuses Nissan of knowingly equipping trucks with “ticking time bomb” fuel pump that leaks metal shavings into engine, potentially causing vehicle shutdown as early as mile one
Owners of Nissan Titan XD diesel trucks filed a new class-action lawsuit accusing the automaker and engine manufacturer, Cummins Inc., of knowingly selling tens of thousands of vehicles with defective fuel pumps that can cause total engine failure as soon as mile one, and have been deemed a “time bomb” in media reports, according to Hagens Berman.
Affected Nissan diesel trucks are installed with the defective Bosch CP4 high-pressure fuel injection fuel pump and can fail suddenly and without warning at any time, causing a total fuel system failure and consequential engine failure. Repairs can cost at least $10,000. The trucks retail for approximately $40,000 to $80,000, and comparable diesel trucks are traditionally expected to last 500,000-800,000 miles.
The lawsuit, filed in the U.S. District Court for the Middle District of Tennessee on March 23, 2023, alleges that Nissan and Cummins – along with the auto industry at large – have been aware of the defect for at least a decade. So far, more than 432,000 vehicles equipped with the CP4 pump have been subject to recall.
Nissan Sells a “Ticking Time Bomb”
The CP4 pump was designed and built to the specifications of European diesel, not U.S. diesel fuel, which is less lubricous. When used with U.S. diesel, parts of the CP4 fuel injector can wear down, generating metal shavings that contaminate the fuel system. The metal shavings eventually cause the fuel injectors to become blocked, causing a full engine shutdown with no ability to restart.
Nissan refuses to fix the trucks under warranty, according to the lawsuit, and the complaint references posts from consumer forums where owners detail nightmarish experiences trying and failing to seek reimbursement from Nissan. One owner of a 2017 Titan XD recounts that when their truck’s fuel pump failed, their extended warranty claim was denied, leaving the owner responsible for $16,800 in repair costs.
“Nissan tried to shift the blame for this dangerous defect to its own customers, claiming it is their responsibility to ensure they’re filling their tanks with diesel that is unavailable to them in the U.S. market,” said Steve Berman, managing partner at Hagens Berman. “Clearly, the blame rests squarely with Nissan for selling cars equipped with fuel pumps that it knew were incompatible with fuel sold in the United States.”
“Owners could be faced with expensive repair costs and trucks that break down without warning, leaving them in potential danger,” Berman added. “When a vehicle’s engine suddenly and unexpectedly shuts off, people can lose their lives. Drivers deserve better than this flagrant disregard for their safety.”
Because the defect is triggered by U.S. diesel, repairs to the fuel pump or engine are unsuccessful, as long as the vehicle is being filled with the same fuel.
The lawsuit brings against Nissan claims of violations of the warranty laws, state consumer-rights laws and more.
Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.