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. DON says:

    My 2006 Nissan X-Terra just had the radiator fail and mix with the transmission fluid. I had 84,880 miles on it. It cost me the $2500 plus $150 in tax. I called Nissan Consumer Affairs and they read me a canned speech about the Class Action Settlement. I told their rep that Class Action suits only make attorneys rich. This is ridiculous. I would have bought another Nissan in a second before this. Now, never again. I told them that but they really don’t care. The middle class gets boned again!!!!!

  2. DISTGUSTED says:

    This is no victory. This is disgusting that the number of people having issues that are obviously Nissan’s negligence makes me sick. Sick about Nissan whom I will tell everyone I can not to do business with but worse is the court not doing its job for justice. THIS SHOULD BE A RECALL. This is obviously a waist of breathe and the lack of someone stepping up from any direction makes me sick.

  3. Kiz Winter says:

    I will NEVER purchase another Nissan.. To repair mine was twice.. I have had so much trouble with my Xterra.. very disappointed with this vehicle. Being out of pocket over 5000.00 is a bit much..When the dealership stated it was nothing.. Really it will not go into reverse.. so off to a transmission shop.. who repaired it.. Never ever again will I purchase from Nissan

  4. wkmoon says:

    Looks like June 7 is deadline for submitting claims for anyone who is still under 100K miles, so don’t let that date get by you! My ’06 Pathfinder is at 102,000 and getting the slippage at the point when the truck goes into Overdrive. It sounds like a lot of people, like me, did not have any signs of an issue until after 100K. Time to take it somewhere and determine the extent of the damage already done. I can’t wait to find out what 2,000 miles is going to cost me.

  5. Howard says:

    Nissan should immediatly repair the defective vehicle because they are denying me the primary use for which the vehicle was purchased new: to tow my travel trailer on long trips.I filed with class action selecting the “object “option.7 Frontier , 55 K miles and not leaks yet. I bought this vehicle at retired for the express purpose to take long travel trailer trips. Now I am fearful of going on trips for fear of remote stranding, ruined schedules and $7,000 repairs to cover hidden defects from Nissan ?? It is a affecting my social life.
    This acknowledged class defect is denying me the rihtful use for which this vehicle was purchased.
    Therfore , Nissan should pay to repair the defect now.
    Any chance the lawsuit will cover trailer towers BEFORE tthe radiator/trans leaks ??

  6. robert says:

    I just replace the trans and radiator at the nissan dealership. I wanted to know if there is any updated infomation? I was told at the dealer, that the 3,000.00 will be reinbursed tome. Is that true?

    vgna4

  7. Heather says:

    2005 xterra with 126k miles… having to replace transmission now $4k!!!! UGHHHHH I bought my car with 87k miles .. NISSAN NEEDS TO BE RESPONSIBLE!!

  8. Linda Castillo says:

    I’m also a victim! I took my 2006 NISSAN PATHFINDER SE in for a wheel alignment, or so I thought that’s what it needed. I was in disbelief when the Nissan mechanic had the service woman tell me, he had encountered a major problem and it was going to cost me $1311.00! I had words with their mechanic demanding to know what the heck the problem was. That’s when I learned about the RADIATOR DEFECT! That same day, I took my car in to a local mechanic, who replaced the radiator, cap and flushed the transmission. Which, cost me $600.00! He also stated, “I’m sorry but I have bad news. You need a new transmission” . When I arrived home later that day. I went online and I was appalled! So many Active Class Action Lawsuits for this same exact reason! I have been going back and forth with TEAM NISSAN of OXNARD regarding this matter and have gotten nowhere!! I need HELP … Please? This is unethical!

  9. Tina says:

    Can anyone confirm replacing the radiator before the failure occurs will help? Also, as with ALL Class Action Lawsuits, the only winners are the lawyers who brokered the deal. The details of this settlement are shameful.

    1. Jeremy Lindsay says:

      All aftermarket Nissan radiators will still have the issue because the transmission cooler is routed through them. The only way around this is to bypass the radiator, flush the coolant, flush the transmission and pray that the amount of damage done by the coolant in the transmission is minimal. The fact that this many people are having the same issue and it is continuing unresolved is a direct reflection of how this manufacturer feels about the issue and the consumer. How many thousands of complaints does it take? This dates back 10 more than 10 years. Ridiculous.

  10. Rebecca says:

    I had no idea!!! Completely stunned. Took my 2006 Pathfinder to my mechanic to have the transmission fluid changed, tune-up, etc. and described to him a downshifting in the transmission while driving. He took one look at it and gave me the bad news of the radiator fluid and transmission fluid exchange, along with the hefty price tag to repair it. I found in my vehicle paperwork the extended warranty for the radiator, but decided to do a bit of research on this issue and stumbled upon the lawsuit info, along with countless dissatisfied customers who experienced the same problem. I am not sure what to do first. Any advice from anyone out there would be helpful and greatly appreciated. Thanks in advance.

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