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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 purchase my 2007 Nissan pathfinder in 2007 it has official stop running , and it will cost $7,700 to repair it, I am totally agreement with this class action law settlement.
I’m at 105,000 miles with my Nismo and now it has a baked tranny. I’m in the “Nissan sucks more than anything has ever sucked” crowd. I’ll replace the tranny and bypass the radiator. Then I’ll drive it until the bolts fall off and tell anyone along the way why they shouldn’t buy a Nissan.
I am actually writing to say that someone needs to file a class action lawsuit for the engine problems for the Altimas. I have spent over $1000 for repairs in the past 4-6 months and now they can’t even fix the problem…I am going to have to sell my vehicle for parts because the dealers won’t even take them as a trade-in!! And, please…count me in!!!
http://www.carcomplaints.com/Nissan/Altima/2003/engine/
I have a 2005 XTerra I just spent thousands of dollars repairing this vehicle. The transmission replaced due to a faulty radiator leaking collant into the transmission. I have 105,000 miles on it!
How do i get reimbursed since my vehicle is less then ten years old?
See my post below…
Kris
Hace 3 semanas tenia una nissan patfhinder 2005 y ya habiamos tenido ptoblemas sobre el radiador tuve q ccambiarle porq presentaba el mismo problema .pero las concecuencias. Fue q mi esposa venia con mi hijo menor donde el doctor y empezo a tener problemas ya llegando ala casa soli se bajo del carro y empezo a hechar humo hasta q se quemo completamente mi carro q si no ll egan los bomberos se quema hasta mi casa yo no sabia de estos problemas defectuosos asi q voy a presentar mi caso estoy en nashville tn y mi numero es 615779 330 o 615 5828029
Have issues with my pathfinder. How can I get involved with this lawsuit?
My 2006 Nissan Frontier radiator and transmission just failed at 92k miles. Called the dealer they said i have to wait to the class action lawsuit or pay 2,500 deductible.
Thanks Nissan…
I have a 2005 nissan xterra and it had 120,000 miles and my transmission messed up then when getting a new trans mission the new one was slipping so they had to repalce it with a new one.. I am now having another problem with it again and its now the radiator cooliant going into my transmission causing it to act up. I spent 4,000 on a new trans and now needing to spend another 700 to get it fixed.. I am wondering if they will cover this as well.. I feel this is a problem and it should be taken care of… I am just so mad that I am now with out a car once again!!! this is 3rd trans being put in ugh!
I don’t really understand…. I got the papers and sent them in with a receipt to show where I paid to have repairs done related to this issue. I have a 05 Frontier. I had this issue in 2011. So it was 6 years old. However it had 112,000 miles on it at time of repair. The settlement explanation says “10 years or 100,000 miles, whichever is less”. Well it was well under 10 years old, but had over 100,000 miles at the time of repairs….. So I’m assuming I can still get reimbursed because the 10 years was less? Just confusing to me how they worded it.
Bought an 05 Off Road Pathfinder new and am very happy however, I have joined the class-action.
Currently sitting at 100k miles and have followed all schedule 1 maintenance.
Timing chain issue was repaired under warranty at 50k.
The coolant/fluid mix happended at 90k. Dealer advised all parts were all Nissan parts, refurbished or new.
This Pathfinder for me has earned it’s name and I’m extremely happy I took care of it. Many more Off Road miles to follow.
I have a 2006 pathfinder 101,000 miles. Today I had to get my truck towed to the dealership. The told me that the radiator damaged the transmission. The cost of the repair is $8,000. Of course my truck is 101,000 the warranty doesn’t cover. I called Nissan and the rep told me that until the class action is not resolved, they can’t do anything about it.
They knew about this and didn’t informed the consumer about it. That is so WRONG!!!