Sarah Mirando  |  January 10, 2013

Category: Legal News

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Nissan bill fee class action lawsuitA federal court has preliminarily approved a class action lawsuit settlement alleging Nissan North America concealed from consumers that it’s Pathfinder, Xterra and Frontier vehicles had defective radiators. If you bought or leased a 2005-2010 model year Nissan Pathfinder, Nissan Xterra or Nissan Frontier, you may be entitled to repair reimbursements and/or an extended warranty from the class action settlement.

The Nissan radiator settlement will resolve a class action lawsuit, titled In re: Nissan Radiator/Transmission Cooler Litigation, that alleges these vehicles contain a defect that permits cross-contamination of engine coolant and transmission fluid, ultimately causing the radiator and transmission to fail or need substantial repairs. The class action lawsuit further alleges that Nissan failed to disclose the alleged radiator defect to consumers despite knowing about it.

Nissan denies the allegations, but has agreed to a class action lawsuit settlement to resolve the litigation.

Class Members of the Nissan radiator class action settlement include all current and former owners or lessees of a 2005-2010 model year Nissan Pathfinder, Nissan Xterra, or Nissan Frontier vehicle in the United States and its territories, including Puerto Rico. Fleet and governmental purchasers and lessees are not included.

Class Members are entitled to a number of benefits from the Nissan radiator defect class action settlement, including:

Authorized Repair

  • Nissan will cover repair costs over $2,500 to fix the covered radiator defect if at the time of repair your vehicle exceeds eight years or 80,000 miles, whichever is less, but has less than nine years or 90,000 miles. You will be responsible for paying only $2,500.
  • If at the time of repair, your vehicle exceeds nine years or 90,000 miles, whichever is less, but has less than 10 years or 100,000 miles, and the repairs cost more than $3,000, Nissan will cover the repair costs over $,3000. You will be responsible for paying only $3,000.

 

Reimbursement for Previous Repair

  • If you previously paid for repair to or replacement of a damaged vehicle component caused by the radiator defect and can provide proof of such costs, Nissan will reimburse you for related costs you paid over $2,500 if at the time of diagnosis your vehicle exceeded eight years or 80,000 miles, whichever is less, but had less than nine years or 90,000 miles.
  • Nissan will reimburse you for related costs you paid over $3,000 if at the time of diagnosis your vehicle exceeded nine years or 90,000 miles, whichever is less, but had less than 10 years or 100,000 miles.

 

The Nissan radiator class action lawsuit settlement benefits include an extension of Nissan’s warranty coverage in the New Vehicle Limited Warranty on the radiator assembly to 10 years/100,000 miles, whichever occurs first, subject to certain customer co-pays that vary with age/mileage above 8 years/80,000 miles. This extension covers the radiator and component parts, and includes damage, repairs, replacement and related towing resulting from this issue.

If you wish to receive a reimbursement from the Nissan class action settlement, you must submit a Claim Form and any supporting documents no later than June 7, 2013.

Claim Forms and more information on your rights in the Nissan Radiator Defect Class Action Lawsuit Settlement can be found at the Settlement Administrator’s website.

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165 thoughts onNissan Radiator Class Action Settlement

  1. Tom L says:

    Me too, 94,000 miles. 2 trans rebuilds by AAMCO and still not right. Terrible situation. Ive taken great care of my Xterra. I dont think we should pay anything. The co-pay is way too high, its shameful.

  2. Lee O. says:

    So ill say add another vehicle to the list. My 2007 nissan xterra has cross contamination as well yesterday . I’m over the 100,000 mile mark and nissan refuses to help. So again, nissan knows very well of this situation, it’s just a matter of time for each vehicle. 1st and last nissan I will ever own. Ill say that proudly too!

  3. PUZ says:

    Like #6 Dan States; Is there a new radiator that can be bought and installed to avoid the same problem? I have an 06 Pathfinder with 96K miles and would like to avoid his problem if possible. If Nissan isn’t recalling it, it would be good if they would assist with the repair to save cost in the future.

  4. Laura Curtiss Palmer says:

    Anyone with this problem – make a point to file a danger complaint to NHSTA. Not re: the money but the danger and if you had a situation, which most have been, that this happened while driving this is incredibly important. It should be related to the Power Train. This is the site to check out the investigation currently going on:
    http://www-odi.nhtsa.dot.gov/defects/results.cfm.

    This is where you can file a complaint.
    http://www-odi.nhtsa.dot.gov/complaints/results.cfm

    Though there are many duplicates at this point there are over 900 complaints on the Nissan 2005 Pathfinder alone. This doesn’t cover all the other vehicles in this lawsuit from 2005 to 2010. Safety is the reason for recalls the majority of the time so file a complaint about the situation, or even your fear of what could have happened if you were driving.

    The majority of the complaints show that the vehicles were going at least 40 mph when the failure occured.

    As we were when ours happened, in heavy traffic on a holiday weekend. Our 2005 Pathfinder lurched violently forward and if it wasn’t for my husband’s quick reaction it could have been very serious, if not deadly. Nissan is pathetic and disgusting in their lack of respect for your customers. Never again Nissan.

    1. CK says:

      I agree everyone that has not filed a complaint with the US Dept of Transportation, 888-327-4236 or safercar.gov, needs to do so, according to the representative I spoke to the issue of the ATF fluid contamination is still under investigation but more complaints and data are needed to issue a safety recall involving the radiator assembly and transmission contamination.

  5. dan says:

    Is there a new rad that can be bought and installed that wont have the same problem? I have a 09 frontier with 86,000mi, i would like to avoid his problem if possible. If Nissan isnt recalling it, it would be nice if they would help out with the costs to correct this issue.

  6. Shelley says:

    I’ve had this problem repeatedly! First repair at 80,259 and the transmission was filled with radiator fluid then, besides the cooling system be filled with tranny fluid. I’ve already spent over $2,600 since at 94,000K my engine went from the radiator issue and fried the engine…then my tranny went about 1000 miles after that repair. So this means I could either get reimbursed $100 and still need a tranny and the assembly repair…or I could get the repairs and pay above $3,000 due to being over 90k now. Either way I’m out about $6,000 then for a car that’s rotting in my driveway. Nissan should be responsible, since all problems were due to this defect of the radiator assembly. I wasn’t even done paying for it when it began having problems!

  7. Mark Fishman says:

    I definitely feel that Nissan is getting off easy. It WAS THIER design flaw of the transmission oil cooler that failed to start with. They should cover any repairs in full.
    I think more Nissan owners need to write letters to Nissan USA stating their complaints AND DISsatisfaction with Nissan. Tell them you never plan to buy another Nissan. If enough people do this they will at some point be forced to do more for the owners of their vehicles.

  8. Ryan says:

    Regardless of the mileage Nissan should had a recall on this issue. They have know about this for years. If they do not take care of the customer that had this issue or own one these vehicles-shame on them. I would never recommend buying a Nissan period!!!

    1. Will Livering says:

      Your rt customer should not have to pay anything!!

  9. Jess says:

    We started having this issue in October 2012…I don’t understand why we would have to pay any type of co-pay or anything out of pocket with this being Nissans fault for putting a faulty product in the vehicles to begin with. They need to take responsibility for their actions and fix our vehicles and reimburse those of use who have already put money into attempting to fix out vehicles and we should not have to pay anything else out of pocket.

  10. Katherine Smith says:

    This has just happened to me on 1/31/2012. My vehicle is currently in a transmission repair shop.I have a 2005 Nissan Pathfinder with 119,000 miles. I can be reached at 601-938-8140

    1. Shu Varela says:

      This just happened to me today. My vehicle is over 90,000 miles. Nissan dealership wants $8000 for repair fee.

      1. luis says:

        Same thing just happened to me ..my warranty company won’t cover because the radiator leak into the transmission something like that and I noticed there’s a recall on both. I believe the company should take care of this. Just resolve the issue I think it’s so wrong.Nissan in Florida wants 6 thousand dollars. I believe these dealers know about these recalls I believe that they’re taking advantage of the consumers

        1. CK says:

          File a complaint with the US Dept of Transportation, 888-327-4236 or safercar.gov, if you have not already done so the representative I spoke to indicated the issue of the ATF fluid contamination is still under investigation but more complaints and data are needed to issue a safety recall involving the radiator assembly and transmission contamination.

          1. Dan Berry says:

            I have this problem. I will take pictures of what I find as I replace the radiator. I will include samples of the fluid in the radiator.

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