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. Pete Wyndham says:

    Well I’m joining the club as my 2007 Xtera’s transmission just took a massive shit due to cross contamination. Never again Nissan.

  2. lilia kivett tijerina says:

    i have this same issue my Frontier is 2005 it has 120k Nissan dealer asked for 8k to repair. is there anything i can do for NISSAN to help repair it?

  3. James Green says:

    Is there any recourse for us that are over 150,000 miles? Mine is an 07 and it started “bumping” a few months ago, took to dealer, they drove it and said “feels fine to us”. Never mentioned anything about this issue. Recently it has gotten worse and after doing a little online research pulled the cap off coolant reservoir and found it full of transmission fluid/coolant goop. Transmission shop says 4500 plus Nissan has to reprogram the computer ($500) so will be out $5000 if fix. Surely there is something for us that were not informed of the recall? I bought truck second hand with 60,000 miles on it and loved it until this happened. Seems there are thousands of us left hanging- maybe need another suit?

  4. Alicia Heiserer says:

    Well, I am one of the lucky ones. Loved my Truck, got 191,000 on her 2005 Frontier SE. Then the Transmission died just like above. So sad because replacement is now between 3,400 and 4,500 and do I put that in when I have all these miles on her? I never had a problem with the engine but I hear that they had a timing chain issue to. So Sad and this suit was over 2 years ago.

  5. Bobby waters says:

    This ruined my life. I couldnt afford to pay to have my 05 pathfinder fixed after this happened. The vehicle got repoed because i could not afford for to repair it. I still pay for a vehicle i do not own because of this horrible recall!! It destroyed my credit!

  6. Jen says:

    I have a 2006 Nissan Pathfinder and I am now currently dealing with this problem. I am told my copay will be $3000 and that is per the lawsuit filed. I am so disgusted by this after talking with corporate. Can someone point me in the right direction as to what my next step should be? This is total negligence on Nissans part.

  7. Anthony says:

    Have a 2008 Nissan Pathfinder with 60-65,000 miles has been sitting in my driveway for over 1 year b/c do not have $ to replace transmission. Already cost over $900 for radiator, battery, etc.then I find out the transmission is shot. What can I do about this, with Nissan not having a recall on this.

    1. Hans M. says:

      Have a 2007 Nissan Pathfinder drIveway model. First and last Nissan. Shame on you Nissan. BTW, I read about the by-pass, and I did the by-pass. Long story short, dead transmission. I think contamination is not an instant death sentence, but a death sentence none-the-less. Don’t buy a used Nissan, even if it’s working. And those of us that have been burned know not to buy a new Nissan either. Shame on you Nissan!

      1. Jim Gipson says:

        I totally agree. Just because It is running at the moment doesn’t mean it will be next week. Beware of buying any used Nissan. The transmission / anti freeze
        problem is a true epidemic and only getting worse.

  8. Benny Sipes says:

    This just happened to me today I bought a used 07 Frontier 170,000 + miles

  9. chris miner says:

    My transmission control unit is burnt the entire transmission was rust because of the radiator leaking into the lines. Was quoted 6 grand by nissan. Got a mechanic near me to do it for 2,000.00 still not fixed because tcm is 850.00 alone. Nissan should be paying me……

  10. claudio battisti says:

    I have a 2008 pathfinder with 145,000. I have had no issues that I know of. I replaced the radiator just in case. Will this problem still come to light ? Is it a radiator problem or is it something else that damages the radiator ? I do feel a little vibration when I step on the gas sometimes. Please advise .Thanks

    1. Chris says:

      You would have needed to check the coolant back before you replaced the radiator. If it was brownish yellow (and thicker) instead of the traditional lime green, your vehicle had the cross contamination. You also may have caught it soon enough, but its hard to tell now. I’d be TRADING it, if you haven’t already!!

    2. Dale C. says:

      I have a 2008 Nissan Pathfinder bought new and taken car of to the fullest extent. By looking at my truck you would think it was new and my dad is a mechanic so under the hood has always been well taken care of, BUT you can’t find a problem that is not supposed to exist. The leak happens slowly over time. Your transmission most likely has been contaminated for a couple years now. My heat started blowing cold a couple of years ago. Replaced the whole heating unit. Still would run cold off and on. Finally found the radiator issue and replaced that and all the hoses, etc. Flushed the transmission several times. Truck ran good for a bit then driving down the road one day and got to a stop light and my truck wouldn’t move. New transmission is needed. There is nothing that can be done once the tranny has been contaminated. Ordered the new tranny today. I pray the situation is over now. I am $6000 in so far (parts only) and the stress of it all has taken a toll on me and my family. It is also crap that Nissan only offers a 12k mile, 12 mo. warranty on the trannys. It is pathetic really. I am thankful my garage is giving me 3 year 100k mile warranty on them. I will definitely not have it one day over that warranty though as I have found people that have had this issue more than once with the same car.

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