DEAR SUZANNE
By Suzanne Henderson
LETTER 13 – May 2022 | Bugging Out in Berkeley
2021 Nissan Versa Check Engine Light Issue
Dear Suzanne,
I have a 2021 Nissan Versa that I bought new in December 2021. Three days after I bought it, the check engine light came on. Since then, I’ve taken it four different times for the light coming on; the last time I went, the service department told me not to bother bringing it back, even though the light is still on.
After that, I spoke with Nissan consumer affairs, and they said it’s a software issue, but one they don’t have a solution for. Apparently, a new update will “fix” it, but that won’t be available for another two or three months! My car is brand new, only has 3800 miles, and the check engine light is constantly on.
How am I supposed to know if there is anything wrong with the car when the light’s already on and I’m being told to ignore it? Nissan said my car wouldn’t qualify as a lemon, but that they could make an exception and offer me a $1500 settlement. Once I saw the word settlement, I was concerned we were entering the legal arena, so I decided to reach out to you. I don’t feel comfortable accepting a settlement when we don’t know what the problem really is, or if it can be fixed. What should I do?
Bugging Out in Berkeley
Watch: Nissan Lemon Law Buyback Demystified: Vital Information You Need
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Your Lemon Law Claim is Worth More Than Their $1500 Settlement Offer
Dear Bugging,
Let me start by saying, I’m quite familiar with the tricks that manufacturers try to pull to avoid their responsibility to their customers, and this definitely sounds like one. This is probably the first time I’ve heard of a brand new car needing to be taken in for repairs four times in the first six weeks. No matter what Nissan told you, this is most definitely a lemon vehicle.
By offering you that $1500, they had hoped you’d take the money, and then when the problems persisted, or just as likely, a bunch of new ones started cropping up, they could say you’ve already been compensated and don’t have a case, thereby letting them wave you off without addressing their failings. But, because you’re still within the lemon law presumption period, it is their responsibility to prove that your Nissan isn’t a lemon, not your responsibility to prove that it is. It’s a good thing you reached out instead of just taking the paltry settlement they’ve offered. This is a clear cut lemon case.
While they may have tried to trick you into keeping the vehicle, as a lemon, it actually qualifies for a vehicle repurchase. This is where the manufacturer must reimburse you for the costs you’ve invested into the vehicle, such as down payment, monthly payments, taxes, and other fees, even any outstanding loans you might have. Something that would definitely be worth more than $1500. See additional details about the Nissan Lemon Law Buyback Settlement option here.
On top of this, a knowledgeable lemon law attorney may be able to garner you an even larger settlement. Nissan lied to you by saying that the vehicle didn’t qualify as a lemon. They denied that the check engine light was a known issue, despite knowing that a future software update would potentially fix the issue, and they violated the warranty agreement by refusing to service the vehicle. These deceptive actions are egregious, especially when you consider the potential safety implications of a faulty check engine light. Luckily, a skilled lemon law attorney will be able to help navigate you through the process and make sure Nissan pays the proper amount for their actions and for the vehicle.
To proceed with your case, you will need to gather documentation from each visit you had at the dealership, as well as any communications between you and the manufacturer. Your attorney will be able to use these documents as evidence towards your case. Once your case is underway, it may take a few months to resolve, but then you’ll be able to leave your lemon in the rearview mirror and rest easy.
Suzanne
Free Legal Advice About Your 2021 Nissan Versa Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about California Lemon Law or how to file a claim in California, please write to dearsuzanne@lemonlawyers.org. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a California lemon law lawyer to get proper legal advice about your lemon law claim.
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