Nissan Rogue Gas Smell Class Action

Many owners of the Nissan Rogue have experienced an unusual gas smell.  Owners may be entitled to compensation or in severe cases, a new vehicle or repurchase.  This page discusses the Class Action filed against Nissan.

1. Class Action Filing

Owners of the Nissan Rogue have filed a class action charging lemon law, breach of warranty and Magnuson-Moss Act violations.

2. Cause of Nissan Gas Smell 

The Nissan Rogues contain a newly designed a 1.5-liter KR15DDT three-cylinder variable-compression turbocharged (VC-Turbo) engine. The complaint states the Nissan Rogue contain one or more defective components within its engine’s Positive Crankcase Ventilation (“PCV”) system that allows fuel to seep through porous rubber components resulting in strong gas fumes emanating from the engine compartment area into the vehicles’ interior.

3. Complaints to NHTSA

There are multiple complaints about gas smell reported.

A. Online Complaints

On December 20, 2022, a Nissan owner asked on a Rogue website whether other Class Vehicle owners experienced their cabins filling with gas fuel smell and added that when parking in his garage within ten minutes whole garage smelled like gas.  He added that he complained to a Nissan dealership repeatedly of smelling gas to which dealership responded it had numerous other Class Vehicle owners complaining of same defect and that Nissan was investigating but had no fix. Nissan Rogue Forum, www.nissanforums.com/threads/2023-rogue-questions.

Particularly if complaints continue, one can expect the manufacturer to instruct its dealers to adopt a particular position, or even given them a statement to say in response to questions or complaints.

B. Complaints to National Highway Traffic Safety Administration   

Owners have also complained to the federal agency which deals with automobile safety.

NHTSA Complaint No. 11496829, December 9, 2022 (2022 Nissan Rogue):

“My car smells gasoline inside and outside. I brought the car to the service dealer but the service manager said that they cannot figure out where gas odor coming from. I am using my car in bringing my 2 kids to school and going to work. My kids are getting sickand I am afraid my car will cause fire.”

NHTSA Complaint No. 11502157, January 17, 2023 (2022 Nissan Rogue):

“After 9 months of owning this car. When I drive for 20 or so miles and turn the vehicle off for a short period then restart I smell gas and fumes make me sick and my eyes water at times. The dealer found nothing wrong. Nissan corporate got involved after I emailed them. Their engineering tech confirmed it was happening.”

NHTSA Complaint No. 11504489, January 30, 2023 (2022 Nissan Rogue):

“Gas fumes from engine compartment – after the car has been driven 20-30 mins enough to heat up the engine and then parked (turned off) for 10-15 minutes a strong smell of gasoline is detected, you can smell it either by sniffing in the front grill or if you start it and use the outdoor air circulation in the cabin it will come through the vents. There are enough fumes to fill a 1 car garage in 30 mins with a thick odor of gasoline.”

4. Legal Violations 

Persistent and substantial violations may create lemon law issues.  Consumers otherwise may be entitled to claim breach of warranty based upon Nissan’s failure to fix the vehicle.

Sources 
Nissan Rogue Forum, www.nissanforums.com/threads/2023-rogue-questions.278985/

Call (973) 598-1980 for a Free Consultation to Discuss Your Rights  

 

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Gas Smell in the 2021-2023 Nissan Rogue: Causes and Remedies

Introduction: Owners of the 2021-2023 Nissan Rogue have reported an unusual gas smell within their vehicles. This issue has prompted concerns about safety and reliability. In this comprehensive guide, we explore the potential causes of the gas smell in the 2023 Nissan Rogue, highlight relevant sources, and discuss possible solutions.

1. Reports from Owners: Numerous reports have surfaced on online forums, social media, and automotive communities, where owners of the 2023 Nissan Rogue have shared their experiences regarding a gas odor inside the vehicle. These reports vary in severity, with some users expressing mild discomfort, while others raise concerns about potential safety hazards.

2. Manufacturer’s Response:   Nissan has not issued a formal recall related to the gas smell issue in the 2023 Rogue. However, automakers regularly monitor consumer feedback and may release software updates or service bulletins to address specific issues. See below. It is advisable for owners to check for any official communications from Nissan regarding this matter.

3. Possible Causes: Several factors were initially suggested to  contribute to the gas smell issue in the 2023 Nissan Rogue.

  • Fuel System Leaks: Any leaks in the fuel system, such as from fuel lines, injectors, or the fuel tank, can result in a noticeable gas smell.
  • Evaporative Emissions System: Issues with the evaporative emissions system, designed to capture and store fuel vapors, could  lead to odors inside the vehicle.  Leaks or malfunctions in the exhaust system could allow exhaust fumes, including gas odors, to enter the cabin.

4. Nissan Initial Response 

On June 21, 2023, Nissan issued Technical Service Bulletin (TSB) for 2021-2023 Nissan Rogues designated by model code T33.  The TSB provided instructions to identify and repair the odor concern. (See id. at 2.) The repair requires replacing an existing hose in the Positive Crankcase Ventilation (“PCV”) system with a new type of hose.  The repair is a simple six step process which only requires lifting the engine cover, removing the old hose, placing a new one, and then closing the engine cover.

5. Claims
Lemon Law
If a problem is significant, a lemon law remedy involving repurchase or replacement of the vehicle is possible.  A class action filed involving the Nissan Rogue stated: Plaintiffs allege Nissan provided a “written warranty that provides  Nissan would repair or replace defective powertrain components within the first 60 months in service. Plaintiffs argue Nissan breached the written warranty “by failing, and/or refusing to repair the Gas Fumes Defect under the vehicle’s warranty.  Despite the warranty, Plaintiffs allege Nissan “has been unable, and/or has refused” to cure the purported Defect “within a reasonable time.

Magnuson-Moss Act and Breach of Warranty



6. Other Repair Based  Solutions:
Owners experiencing a gas smell in their 2023 Nissan Rogue can take the following steps:

  • Inspection: If the gas smell is strong or persistent, owners should seek professional inspection and diagnosis from authorized Nissan service centers or qualified mechanics.
  • Regular Maintenance: Adhering to the manufacturer’s recommended maintenance schedule can help prevent and address potential issues before they escalate.
  • Check for Recalls or Technical Service Bulletins (TSBs): Keep an eye on official communications from Nissan for any recalls or TSBs related to the gas smell issue.

Conclusion: Nissan Rogue owners may be entitled to compensation, possible vehicle replacement or other remedies.

Call (973) 598-1980 for a Free Consultation