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. gregv says:

    Well the transmission is done do too the faulty part from the radiator. Of course it happens after 100,000 miles 115k on mine.i was driving my eight week old baby to doctor and wont go in reverse and scarily lunging foward.had to stop everything and find someone to watch my baby while i take vehicle to shop.out about two grand so far.even if you replace radiator the failure willstill happen without a separate cooling unit.ive been a nissan owner since 1990.not anymore.too dangerous and shady for my family.

  2. joe says:

    I have a 2005 Xterra with 89k miles! My trans is filled with radiator fluid and now I have to pay a co-pay of $2500 for a new trans. It just amazes me that Nissan will not take responsibility for their own screw up! They’re trying to recoup some cost back by their loyal customers for what’s their own fault! They should have had a recall and fixed the issue from the start. Iv’e owned 6 nissans since 1993, and this one will be my last!! They may just loose more customers to this issue, and I hope they do realize that it probably would have been more cost effective for them to fix it and apologive to their customers instead of screwing them. Wow, I’m going to have a field day with this on social media!

  3. Carrie says:

    I own a 2006 Pathfinder and I wish I would have knew about this mix contamination problem sooner it might have been cheaper to repair. My SUV was making a shutter/vibration feel driving between 45-55mph/1500 RPM. The morning my car turn 100k miles I took it to AAMCO and was given the bad news. Three days later and $4672 bill the transmission problem has been fixed with a rebuilt tranny and a external cooler. NISSAN should PAYBACK all the cost since THEY know what the issues are. Also, we are owners of the 2008 Nissan Sentra with a CVT with over 100k miles I hope there are no issues with these trannies.

  4. tee says:

    I drive my 5 kids and sometimes 2 grandchildren (4 yrs and 6 mo,) in my 2005 nissan pathfinder. I purchased the vehicle in August of 2012. Here are a list of problems:
    engine coil misfire I paid for that, coolant mixing with trans fluid found that out while gettig a oil change, so i paid for a transmission flush. I took it back to the dealer they gave my car a clean bill of health. Now car lunges foward and in reverse.
    I am a full time working, kind of new single mom. I know very little about cars. I took it to the dealer several times this last time they gave my car a clean bill of health. I’m putting in back in the shop tomorrow. I am very nervous. I do not have the funds that I know its going to cost to repair. THE DEALERSHIP GOT ME !!!

    1. De says:

      I dealing with this as well . service shop working offered me 400.00 lol really

  5. Jason Dillard says:

    I have a 2005 xterra that i took in at 81,000 sometime in 2010 and they said it was fine. At 101,000 sometime in 2011 I took it back agian and only then did thy bring up the problem with the radiator and trasmission and said i am not covered. Since the settlement i have emailed nissan and got no response to see if they will honor the exteded warranty since thier “Trained professionals” missed it the first time i knew there was something wrong even though they knew then that this was a problem. Is there anything I can do?

  6. Edward Atkins says:

    I have a 2005 Frontier and this just happened this weekend. I have 112,000 miles. Can I still file a claim with the Class action suit?

    Local Nissan dealer said it will be around$6,800.00 for new radiator,new transmission,parts and labour!!!

    Thanks

  7. Susie says:

    My son has an Xterra with 87,000 miles. Still owes $10,000 on it and has to pay a $ 2500 co-pay for something that I feel really shouldn’t be his responsibility! The radiator/transmission situation should be fully covered by Nissan. Very disappointing!!!! Reimbursement should be a definite!!

  8. Bad0men says:

    I too had this problem. Nissan knew of this problem! Why should we be required to pay a “co-pay” to fix something they screwed up in the first place??? You don’t make a car with the coolant able to mix with the transmission.. Come ‘on now…. That’s defective, and defective cars isn’t something we as consumers should be liable to pay to fix… Nissan screwed up, they should be responsible for the full costs.

  9. Kathleen says:

    We filled out and returned all paper work. Wondering when we will hear anything. Nissan ruined our lives!

  10. Garry Evans says:

    I have a 05 pathfinder 71000 miles I have no problem now so I had a new radiator installed trans fluid changed and checked to the tune of five hindered fifty bucks I don’t thank I could afford wait and see I can’t afford a new car every one knows the problems with these vehicles good luck trying to sell don’t know of any other thing I could do

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