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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
I just got the news that this is indeed what has happened to my 2005 Pathfinder. The cost to repair (which I don’t have) doesn’t seem feasible to have it done. Why, NISSAN, did you not recall this defective item. I broke down in 100+ weather and had to be towed 120 miles. I am now left without any transportation and no idea what I am going to do. Rainy season is just around the corner here in Oregon. I guess I better get a good raincoat as it appears I’ll be walking to work for quite sometime. I will never buy another NISSAN and will pass the word along on social media. Thanks NISSAN!
Acabo de comprar una frontier modelo 2006 y paso exactamente lo que describen. En cada uno de sus comentarios mi camioneta tiene 77.000 millas , pero el problema es yo me encuentro en México reporté mi problema en la nissan de México y me informan que no se puede hacer nada ya que mi garantía no aplica esta compostura, mi duda es que si se cambia el radiador y se cambia el aceite de la trasmicion se podrá resolver el problema y si posteriormente no seguirán con algún otro problema derivado de lo mismo, espero sus comentarios gracias , por favor que las autoridades tomen cartas en el asunto ya que se trata de un defecto de fábrica, tomando en cuenta que la reparación no es nada barata, por lo que la marca nissan no importa en el país que te encuentres tendría que hacerse responsable de esa compostura y sino que se sancioné por las autoridades competentes imponiéndoles multas y obligarlos a la compostura y o reparación o en su caso a la devolución de las cantidades erogadas por dicho desperfecto.
Acabo de comprar una frontier modelo 2006 y paso exactamente lo que describen. En cada uno de sus comentarios mi camioneta tiene 77.000 millas , pero el problema es yo me encuentro en México reporté mi problema en la nissan de México y me informan que no se puede hacer nada ya que mi garantía no aplica esta compostura, mi duda es que si se cambia el radiador y se cambia el aceite de la trasmicion se podrá resolver el problema y si posteriormente no seguirán con algún otro problema derivado de lo mismo, espero sus comentarios gracias .
Hello, this make me so mad. My 61 year old mother has a 2007 Xterra, and she broke down on the side of the road in 101 degree weather in Texas, with 3 of her grandchildren. Thank God she was able to get to a shop not too far away. It seems that Nissan Knows it happens after 100,000 miles, and thats why they set the warranty for 80,000. Shameful, Now my 61 year old mother is stuck with no running car, and a $5,000 bill, for Transmission and Radiator repairs! Just disgusting!
I have a 2005 Pathfinder with 73,000 miles I am still within 8 years but Nissan is going back to the purchased date of 10/2005. The vehicle is in the shop and my deductible is $2,500.00. I was not aware or informed of this problem until last week, when the vehicle started to experience jumping when I accelerated at 40-60. I then went online and saw the problems that the owners are experiencing. This high deductible is an insult to owners and Nissan should have made a recall and possibly avoided all the financial burdens to their customers. Unfortunately, we all living in a society of pure greed where it’s all about money. It hurt my heart to see what people are going through due to Nissan and their deception.
Another one bites the dust. 05 xterra 102,000 miles. 4,200 bucks for rebuild and new radiator. Only had it for 1 year, owe too much on it to get rid of it, guess I’m stuck with the bill. Something has to be done! I may just take mine to the dealership and set it on fire. Maybe the news will pick it up and this issue go public!!
I’m in, please keep me updated. I spoke this morning with Woodhouse Nissan in Bellevue Ne and confirmed that our 2005 Pathfinder @84k has the cross contamination issue and they are asking for a 2500 copayment. It is very unreasonable to ask the consumer to help fix a problem they did not create. Nissan should’ve make a public televised announcement of this problem or could have taken full responsibility. Very upset that we are faced with magically coming up with a extra 2500 on a vehicle we’ve only had for a year and still owe on. You’d think a billion dollar company would step up to the plate.
Please count me in as well. I have a 2007 Pathfinder at 160k miles. The radiator went out back in November and caused cross contamination. I got the radiator replaced and flushed transmission fluid. Fast forward about 7 months and I’m now having transmission problems. Let me know what I can do to get involved in another class action that covers vehicles that are over the 100k limit that was covered in the initial settlement.
the transmission on my 2007 frontier just went out due to the cross contamination, i was not aware of how big these issue was until i started to research it ! i thought i was done spending money in this truck but i guess not!!! unfortunately i am over 81000 miles so i am subject to the $2500.00 co payment , i have file 2 claims with nissan corp. i don’t think is right for me or anyone else who has this problem to have to spend additional money to have this fix! when is obviously nissans fault!!!! if you are over the miles they have stated i recommend you to file additional claims against nissan make them take responsibility for their actions, not just take our money!!!
Same issue as all above, drive a 2006 Nissan Pathfinder and was happy until 125tsd Miles never a big repair. Now i have the same issue faulty radiator kills silent the transmission. Did visit the dealer for every service even as the problem starts little by little. First a unpleasant shifting, Dealer recommends a transmission flush before the official service interval, done. After we are still not happy as we can tell the transmission shifts different as we did know it from before. See the Nissan dealer again, they write the order the customer complaint, “Customer complains about transmission problems”. Written Statement of the dealer, Transmission checked no issues found. Some miles later, total fall out of the transmission special the DCU. Good Customer will not see now Dealer again but a lawyer.