DEAR SUZANNE
By Suzanne Henderson
LETTER 19 – May 2022 | Regretful in Redondo Beach
2022 Nissan Sentra Plagued By Electrical Issues
Dear Suzanne,
I recently purchased what I thought would be my forever car. It was a 2022 Nissan Sentra with just 3 miles on it. I’ve only had it a few months, so I’m at 3800 miles now, and I’ve had a multitude of problems with it. The dashboard screen will go completely black and not respond, the sensors rarely work, and the keys won’t connect to it, so it’s difficult to start or turn it off.
Within my first 1000 miles, I had to take it back to the dealership to have these issues resolved, but they told me everything was working fine. I left thinking all the problems had been addressed and fixed. But then, less than three weeks later, I had to bring it back for the same issues and it’s been there ever since.
So far, I’ve made four payments on my new car, and it’s been in the shop for pretty well all of them. They’ve had it for the last three months, and the service manager estimated that it’ll be another three or four months before they can get the back ordered parts they need to fix the issues. And to make matters worse, the dealership is not able to give me a loaner car, so I’ve had to rent one to be able to get around and to work. So now I’m making monthly payments on a car I don’t get to use and paying for a rental at the same time.
I really wish I had done more research before I bought my Sentra. Since I got it, I started doing some research and now I know that Nissan’s are infamous for electrical and other issues. I could kick myself now for not looking into it more before buying a Nissan. At this point I’m feeling like I’ll never get to use my car and the whole thing has just left a really sour taste in my mouth. I just want to forget this happened and start over. Is there anything I can do?
Regretful in Redondo Beach
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Lemon Law Presumption Period
Dear Regretful,
I’m sorry to hear that you’re regretting your purchase so much; buying a car should be exciting, not headache inducing. Unfortunately, like you’ve learned, Nissan’s are notorious for their electrical and mechanical issues. The good news is that you have a strong lemon law claim on your hands.
When you first purchase a vehicle from an authorized dealer in California, you enter what we call the Lemon Law Presumption Period. This time frame runs for your first 18 months or 18,000 miles after purchase, whichever comes first. During this time frame, your vehicle is automatically presumed to be a defective lemon if it meets any one of these conditions:
- At least two repairs were made to your vehicle for a critical safety defect that may cause serious bodily injury or death;
- At least four repairs were done on your vehicle for a singular defect that is deemed a non-serious safety defect or issue;
- The vehicle was kept in the repair shop and out of service for at least 30 days (cumulative) for any combination of defects or issues.
It doesn’t take a rocket scientist to figure out that a vehicle with only 3800 miles on it should not need to be in the shop for such an extended period of time. Since yours has been unavailable to you for more than 90 days, it easily fulfills the conditions needed to presume it’s a lemon.
So what do you do next? You need to contact a skilled lemon law attorney; they will be able to file a claim against the manufacturer on your behalf and guide you through the process. And in California, the manufacturer is responsible for your attorney’s fees, so it won’t cost you anything to retain a knowledgeable attorney.
Your next step will be to gather all the documentation that will serve as evidence for your claim. This includes your purchase agreement and repair documentation showing each repair done and the time the Sentra has been in the shop. Since the dealer was unable to give you a loaner vehicle during this time, you should also include receipts for your rental vehicle, as well as any other incidental expenses you may have incurred. A good lemon law attorney may be able to get you additional compensation to reimburse you for these costs.
In the meantime, even though you can’t drive it, it’s important that you continue making your monthly payments on time and that you keep the insurance and registration current. Not doing so can severely impact your case. The lemon law process is relatively straightforward, but it will still take a few months to resolve your claim.
Your lemon law attorney will be able to negotiate with the manufacturer to obtain a suitable settlement for you. There are three possible compensation outcomes for a lemon law claim: a buyback, a cash and keep, and a vehicle replacement.
In order to avoid getting stuck with another lemon, and based on your displeasure with Nissan in general, I would recommend opting for the buyback option. With this, the manufacturer will repurchase the vehicle from you. They will reimburse you for the down payment, monthly payment, and other costs, including, potentially, your rental vehicle. The only thing that can be held back from this settlement is something called the Mileage Offset, which accounts for the time you were able to drive the vehicle without issue. However, where you barely had 1000 miles when you first brought it back to the dealership for repairs, your attorney will likely be able to have that amount waived.
Find out more about the Nissan Buyback settlement option here.
So, get in touch with a skilled lemon law attorney today. The sooner you begin the process, the sooner we can get you back on the road in your real forever car.
Suzanne
Free Legal Advice About Your 2022 Nissan Sentra 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 attorney to get proper legal advice about your lemon law claim.
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Featured Image: 2021 Nissan Sentra © Kevauto (CC BY-SA 4.0 License)