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Nissan Radiator Defect Class Action Settlement Reached
By Kimberly Mirando
Nissan North America has reached a class action lawsuit settlement that will resolve claims the company produced vehicles with defective radiators and concealed this defect from consumers. If approved, the proposed Nissan radiator settlement will pay the repair costs for potentially tens of thousands of Nissan Pathfinder, Xterra and Frontier vehicles.
Nissan Pathfinder owner William Szymczak filed the Nissan radiator class action lawsuit in 2010, alleging the vehicles leaked coolant into the transmissions, causing damage and making the vehicles unreasonably dangerous. Szymczak accused Nissan of failing to issue a recall and failing to offer to repair the alleged defect for free or to reimburse Nissan owners for repair costs, despite the company’s knowledge of the radiator defect.
Under the proposed Nissan radiator class action settlement, Nissan will fully reimburse all current and former owners or lessees of a 2005-2010 Nissan Pathfinder, Xterra or Frontier vehicle that paid to fix the radiator or other damages caused by the defect within eight years or 80,000 miles.
Nissan also agreed to pay for future repairs caused by the radiator defect and partially reimburse prior repair costs up to a maximum of 10 years or 100,000 miles. Owners who had the repairs done before nine years or 90,000 miles can receive relief after paying a $2,500 deductible, while reimbursement for repairs done between then and 10 years or 10,000 miles can come after a $3,000 co-payment. This is still a significant savings for Class Members because repair costs caused by the radiator defect can cost $5,000 or more, according to the motion for preliminary approval of the Nissan settlement.
“The use of deductibles effectively caps any class member’s out-of-pocket expense for repairs and relieves the class members of the burden of shopping for the least costly repair,” the motion said. “While the acceptance of the deductibles covers some but not all of the cost of a repair, such a compromise is reasonable since the strength of any class member’s claim is reduced the more trouble-free miles the vehicle has been driven prior to the defect manifesting.”
The Nissan Radiator Defect Class Action Lawsuit Settlement case is In re: Nissan Radiator/Transmission Cooler Litigation, Case No. 10-cv-07493, U.S. District Court for the Southern District of New York.
The Plaintiffs are represented by Gary S. Graifman and Michael L. Braunstein of Kantrowitz Goldhamer & Graifman PC; Howard T. Longman and Mark Levine of Stull, Stull & Brody; Matthew Mendelsohn and David A. Mazie of Mazie Slater Katz & Freeman LLC; Alan Harris and Abigail Treanor of Harris & Ruble; and Jason P. Scofield and Danny M. Sheena of The Sheena Law Firm.
Updated January 10th, 2013
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222 thoughts onNissan Radiator Defect Class Action Settlement Reached
My 96 kingcab, which ran like a top got totaled a month ago and I have been looking for a newer frontier.
Thank the good lord that I have learned about this problem BEFORE I made a big mistake!
Has this design issue been fixed on the 2011/14 models? Anyone know?
Thank You all for the info and God Bless.
I got a 2006 nissan frontier4x4 170000km the rad went on it fill the transmission ad a towing today bring it to a garage trany garbage send it away to get it rebuilt tomorow it will cost me 3600.00 plus tax never another one again always ad toyota truck before never ad problem the hell with NISSAN
To be entirely honest, I question the accrediting Better Business Bureau as well. Nissan isn’t meeting the requirements to maintain an accreditation, but they’re still accredited. Sounds like someones sleeping with the enemy. Perhaps Anderson Cooper could shine some light on this.
Yo tube el mismo problema con mi nissan Pathfinder 2007 a las 98 mil milla esto fue el año pasado pero no tenía idea sobre esa demanda mi carro fue arreglado por un taller independiente que puedo hacer
I have a Nissan frontier 2007 model. I have over 100,000 miles as well Nissan will do nothing for me. I’m lucky so far, in that the radiator cracked last week leaving sludge in every nook and cranny of my engine and tranny. I was able to catch this very early. Flushed out the engine 4 times and still seeing some left. I plan to flush it again next week. I also changed the radiator( aftermarket of course). I also had to change the thermostat. Truck is doing good so far assuming there’s not a cracked head or blown gasket from the heat. I would advise everyone to shut yours off and not drive it till its repaired.500 dollars is a lot better than you poor people payed on a vehicle that was not salvageable. I hope you all good luck and if anyone knows how to get some answers on reimbursement, please let me know.
I am so angry and upset at Nissan right now. Why now after all these payments I still have to come up with $4,000 to pay for something that they screwed up with. Nissan was made aware that their radiators were faulty. We need to get together and force some action.
Awaiting instruction.
I submitted my paperwork to the attorney’s last May. I have not heard anything from the attorneys on the class action lawsuit. I call into the help line every couple weeks and get a different explanation.
I still do not have my refund check on this class action case.
I had a 2006 pathfinder with 92000 miles when my transmission went. I got a second opinion at the time before my repair. I sent a letter from the certified repair shop and pictures.
I have emailed the attorneys directly with no response.
I am in the process of sending my emails and copy of my paperwork to the courts and the better business bureau.
Sharing my frustration.
TO XTERRA OWNERS OVER 100,000 MILES:
AREE YOU IN?
My 2007 Nissan Xterra has recently been diagnosed as having the radiator/transmission contamination problem. However my vehicle currently has 121,000 miles on it, outside of the limits of 100,000 miles that the 2012 settlement allowed.
I did some research and spoke earlier today with the attorney of the original class action lawsuit. I explained to him that in my estimation the settlement fell far short, as it excluded many Nissan owners who were fortunate enough to have their vehicles run properly for over 100,000 miles. That luck, however, should not exempt Nissan from their responsibility for having originally installed defective parts. He explained to me that since I was over the mileage limit as stated in the settlement, that I have been virtually excluded from THIS case, but that further action could be taken against Nissan for those of us in a similar situation if we could get enough people together. As I read the posts, it seems that could be accomplished.
Here are the facts:
Nissan allowed the repeated manufacture and sale of vehicles with a defective radiator that allowed the cross-contamination of coolant and transmission fluid and damaged the radiator and transmission.
A previous class action lawsuit ended in settlement for owners to receive a “co-pay” arrangement from Nissan for repairs if their mileage was under 100,000
There are a multitude of owners whose vehicles have exceeded that 100,000 marker who are just now experiencing the negative effects of the defective manufacturing by Nissan.
We deserve to be represented.
Are you in?
What do we need to do? I believe I’m with you.
We’ll see how many others respond.. then we’ll see what kind of response the complaint I filed gets. We’ll go from there. Spread the word!
Kris, I am interested in what needs to be done to join the lawsuit to help get a recall and/or help owners with over 100,000 miles…Last week our 2005 Pathfinder (with 113,000 miles on it) without warning was revving and not moving as my husband was driving home from dropping off my son at an event. My husband was able to manually shift and get the car slowly up and over a hill so he could coast down and pull into a parking lot without injuring himself or anyone else. It would not move and was leaking fluids under the car. We have taken it to two mechanics and now a transmission specialist and they all just nod in agreement over Nissan knowledge of this problem and their lack of responsibility in issuing a recall. They repairs for a rebuild transmission and going around the radiator to avoid the cross contamination occurring again has been quoted from $3,000 (1 year or 10,000) to $5,000 (which includes a 3 year, 30,000 warranty). I just called Nissan and they gave me the same run around about being over 100,000 miles and even quoted me a date (October 2012) when they sent out letters about this issue supposedly to inform Nissan customers. I did not get this letter. I check everything from Nissan because I have dealt with their past recall notices that came in the mail. Also, just took our Pathfinder to Nissan dealership for an oil change and battery check last November, 2013 and not one person I spoke with mentioned anything about this problem. At that point I was probably over 100,000 but just by a few miles. Keep me posted on what I can do to help…
I had a very similar experience with my 2005 Nissan Pathfinder LE 4×4. It happened while driving and Nissan gave the bird and said they would help me, b/c I’m at around 124000 miles. I had a the 1st repair shop quote me $5,800.00 and then I took it down the street to a Transmission Specialist that totaled to around $4,000.00 but included a 12 Month, 12,000 Mile warranty on their work. It made me feel better, but I’m still pissed! We we’re just talking about selling it earlier that week, $4,000 is a hard check to write when all I want to do is roll it off a cliff now! Its for sale now, and I feel better selling it knowing its fixed. But damn an extra $4,000 would be nice to put down on our new SUV (definitely NOT another Nissan!).
So Kris, what do you need from us to help get this thing started? Have you heard anything since getting started back in April? Let me know how I can help!
How do we become informed if anything is going to happen?! Do you need emails to contact??
I’ve seen it all, and I’m in.
What do we as citizens need to do? Nissan needs to be held accountable. I say start a boycott. Go to the media. Start some buzz! I refuse to pay a deductible for a pre-existing problem. We should pick a date, go to our local dealers and protest not to buy Nissan. This is bullshit! We are all just asking for justice! I own a 2006 pathfinder and I just surpass 92000 miles in which for 6 months I thought it was the road until the engine light came on. We cannot lie down on this. Pick a date and protest Nissan!!!
Kris,
I came across your blog this evening while searching for information regarding my daughter’s 2005 Nissan Frontier NISMO 4×4. Her vehicle also experienced a problem with the radiator, resulting in a much bigger problem with the transmission. Her vehicle had 130,000 miles on it when a problem was first identified. Cross contamination occurred between the radiator and the transmission and due diligence was done by replacing the radiator and flushing and replacing the transmission fluid. Shortly thereafter, the transmission began slipping while in overdrive. I took the vehicle to the Power Nissan dealership in Gilbert, AZ yesterday and explained to them the problem. After taking my daughter’s $100.00 for diagnosing the issue, we were told that a new transmission was needed and it would cost $5,300.00.
I am very upset with Power Nissan for several reasons. First for taking my daughter’s money, while knowing full well what the problem was by my description. Secondly, for acting as if they had no prior knowledge of such a problem. Knowing what I know now after researching the radiator/transmission problems I have read about, I am making a second visit to Power Nissan tomorrow.
As far as a Class Action Suit, count me in.
Have you filed a complaint with the US Dept of Transportation, the number is 888-327-4236 and the website is safercar.gov, 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. If you have not done so please file a complaint. Nissan needs to take responsibility for the defect rather than passing the repair cost to the consumer and dodging the issue!!!
TOTALLY IN….. This is so terrible.
My car is in the shop for this as we speak and I do not know what to do… No warning signs what so ever.
Keep us informed for sure.
I know the feeling Becca. I still haven’t heard anything from anyone about any further steps. What’s next???
Kris
Well, I just finished receiving the diagnosis from the Nissan dealer on my 2007 4×4 Frontier. Yep, radiator leak / transmission contamination … $6,300. I searched on the problem, found this site, and just read about every post. Please count me in. I’m restating what you all have said — this is absolutely absurd, and we should not accept it. Let me know how help in supporting this effort.
Thanks,
Keith
Where can I find out more!?
I have a 2005 Xterra purchased from a Used Car Dealership in Sonora Calif. Dealership denies knowledge of this transmission problem but has extended a $1,500 repair amount (which would only cover a 30 day warranty) I had to purchase another $1,00 of coverage for year warranty. It has been rebuilt but I have had to have it towed back twice because it still leaks. Anything I could recover from Nisson on this bad purchase would be a relief for me. I am 82 years old and had purchased the car as a reward for getting through a breast cancer surgery with a cancer free diagnosis. I have been nothing but upset since I purchased this car in January of 2015. It is now April 1st and the car has to be towed again to the transmission shop.
TO THOSE OF YOU OVER 100,000 MILES:
I just filed this as a request for a new class-action lawsuit against Nissan.
ARE YOU IN?
***
My 2007 Nissan Xterra has recently been diagnosed as having the radiator/transmission contamination problem. http://topclassactions.com/lawsuit-settlements/lawsuit-news/3317-nissan-radiator-class-action-settlement/ However my vehicle currently has 121,000 miles on it, outside of the limits of 100,000 miles that the 2012 settlement allowed.
I did some research and spoke earlier today with Gary Graifman, of Kantrowitz, Goldhamer & Graifman, PC who was the Co-Lead Class Counsel of the original class action lawsuit. I explained to him that in my estimation the settlement fell far short, as it excluded many Nissan owners who were fortunate enough to have their vehicles run properly for over 100,000 miles. That luck, however, should not exempt Nissan from their responsibility for having originally installed defective parts. He explained to me that since I was over the mileage limit as stated in the settlement, that I have been virtually excluded from THIS case, but that further action could be taken against Nissan for those of us in a similar situation if we could get enough people together. As I read the posts, it seems that could be accomplished.
Here are the facts:
Nissan allowed the repeated manufacture and sale of vehicles with a defective radiator that allowed the cross-contamination of coolant and transmission fluid and damaged the radiator and transmission.
A previous class action lawsuit ended in settlement for owners to receive a “co-pay” arrangement from Nissan for repairs if their mileage was under 100,000
There are a multitude of owners whose vehicles have exceeded that 100,000 marker who are just now experiencing the negative effects of the defective manufacturing by Nissan.
These owners also deserve to be represented.
I request that you work with us to file a second class action suit against Nissan for recompense for repairs that we have had to pay for.
I’m in. Last Thursday my 2008 Nissan Pathfinder started “trying to cut off” upon leaving work. Fortunately I made it to the nearest garage. The mechanics there were outstanding by the way; it is Jimmy’s Auto Shop on Lejeune Blvd if you’re ever in the Jacksonville area. I’ve never encountered such honest and genuine mechanics in my life. Moving on. Based on the color spewing from under my vehicle the guy told me that it appeared to be something allowing the radiator and transmission fluids to mix, hence why the constant “chugging and overheating”. The aforementioned mechanics do deal in transmissions, and offered to replace the radiator, flush the transmission, and go from there. I called the local Nissan dealer to inquire about any options. I explained my situation and the lady asked for the mileage. I told her it was a little over 100,000 miles. She told me about the Class Action Suit, but unfortunately I exceeded the 100,000 mile cut off. She also told me that so far the ones Nissan repaired they were replacing both transmission and radiators, also adding the new component because the previous one was incompatable hence why everyone was breaking down. To my surprise she suggested I call Nissan of North America and I did. A lady took the call and I explained to her the situation. She filed a claim for me and I received a call on Monday, May 12, 2014. I spoke to a gentleman named Bryan. To make a long story short, Bryan reminded me of suggested preventive maintenance which I failed to take advantage of and that the Pathfinder was out of warranty. I informed Bryan that I wouldv’e loved to have those things done to the vehicle but I couldn’t afford them; oil changes and other basics were adhered to. He was rude, arrogant, and my best interest was not at hand due to him trying to fast talk me off of the phone. I asked Bryan what did an air filter replacement, new cap, or anything else Nissan suggested have to do with the exchange of radiator fluids and and transmission fluid? That question was never answered. I then reminded Bryan of the fact that Nissan has in fact acknowledged the defect and according to the person at the local Don Williamson Nissan dealership they’ve been replacing both the transmission and the radiator. Bryan asked me what class action settlement I was speaking of as he’d heard nothing of it. “Wow” I said. “Here you are Sir”, as I quoted “The Nissan Radiator Defect Class Action Lawsuit Settlement case is In re: Nissan Radiator/Transmission Cooler Litigation, Case No. 10-cv-07493, U.S. District Court for the Southern District of New York” and he wrote it down. All of a sudden Bryan wants to reach out to his resourses and contacts to verify whether or not I’m eligible to receive any relief for the repairs; he needs up to three business days. “Very well” I said, “but please bare in mind that I’m currently paying $32.00 per day for a rental car and $15.00 per day for my vehicle to remain at the mechanics shop. Also, I have a wife, three children, and I’m in the military…I need my vehicle”!!! I realize Bryan is doing his job, and his job consists of finding every way possible to prevent me from receiving assistance for Nissan’s negligence. He is there to save Nissan money, but Nissan should also be held accountable for these vehicles they’ve sold to people. Nissan violates business professionalism, every moral, and every ethic that I can think of. Timing belts, alternators, and batteries I understand…mixing fluids and $6k repairs I do not. The more I think about the situation the less I understand how Nissan would be allowed to put stipulations on the settlement i.e. the mileage. They’ve owned up to the fact that defective equipment was used in addition to several people having had the exact same issue. I realize I am outside of the mileage, that is a fact I can not hide; likewise, another fact that can not be hidden is… regardless of the mileage this was eventually going to happen anyway. How is it legal for Nissan to manufacture and sale a defective product and not be responsible for its repairs when the time comes. This defiency is through no fault of my own and therefore mileage should be irrelevant. The repairs are estimated to cost in and around $6k; that’s $6k I can’t just produce on demand. Once I have it towed to the dealership I’ll be charged an additional $136.00 for their diagnosis. This is a very sensitive situation and time is of the essense. I’m strongly considering speaking with my superiors to have Nissan placed on the military’s Black List (establishments unbecoming or not military friendly).
Kris, I want in on this too! let me know what I need to do… Thanks so much.
I’m in, same problem, 2008 Frontier, 109,000 miles.
My wife and I are in! We bought a used 2007 Nissan Frontier from a local dealership in Wilmington NC, last year. Our truck has 113,000 miles and we just discovered the cross contamination leak between the radiator and the transmission during a routine service visit. We want to be part of the second class action suite against NIssan for vehicles with greater than 100,000 miles. What do we need to do to support this effort? We want Nissan to pay for the repairs to faulty and substandard equipment in our vehicle.
I have a 2007 Nissan Pathfinder and began experiencing issues of an engine roar at 45/50 mph. Took vehicle to dealership for sevice and repair. Was told that the timing chain needed to be replaced. After discovering problem was not fixed, said it probably was the u-joints. Still same problem after these repairs. Then “Nissan Central” was contacted and did a complete anaylsis of suv and determined I have a transmission problem. I had 122,000 miles on vehicle and no known issues until this. After, replacing timing chain, water pump, u-joints, radiator, transmission, and many other minor parts I am out almost $5,900.00. This is outrageous. I called Nissan and made oral complaint with no satisfaction, but informed them I am expecting some relief. I am determined to take this further. Between the 5,900.00 and my vehicle I could have traded and been much better off. Nissan must be held accountable. This has been a good vehicle but most unsatifed with Nissan. Call me unhappy in Alabama. I agree with the Barry W post of earlier.
Donnie, see my post below.. Are you in?