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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
To Sherrill Johnson sounds like you could have a lemon law claim but you would have to look more into that.
I purchased a new 2008 Xterra. In 2012, the transmission failed due to a faulty (known by Nissan) radiator leaking fluid into the transmission. Because of mileage, Nissan refused to repair its responsibility. Because I still had a year longer to pay off the vehicle, I had my truck repaired by AAMCO for $4254.48. Now in 2013, the original radiator has damaged the transmission AGAIN. Nissan will not fix both the radiator and transmission unless I pay $3000. In what world is this fair? The problem originated from an auto part that Nissan was well aware of it being defective. Regardless of mileage, it is Nissan’s responsibility to consumers to admit their negligence and free of charge fix the problem. First and last time to purchase a Nissan product. It’s sad to know that a multi-million dollar company can take advantage of financially struggling consumers. It’s not a bargain to pay a $3000 deductible for something that wasn’t your fault in the first place. And this action is consumer protection? Really???
How??? When Nissan still gets money for THEIR mistake. EXTREMELY UNFAIR.
Having my Nissan 06 repaired. Trans due to a faulty radiator.. just finding out there was so many other having this problem. My mechanic called Nissan for me when He found the problem, but unfortunatley my car is at 144000 miles. never buying a Nissan again. cant afford this kind of repairs. Am very surprised to hear that Nissan does not stand behind their veihcles. Joining the class act and am going to fight for some kind of refund. I work too hard. and thought i was buying a dependable product..DISAPPOINTEDD
My Nissan Pathfinder 06 is being repaired just now. It needs a Trans due to the Radiator leak. My mechanic called Nissan for me to inform them of my problem, but my car has 144000 miles, past the 100000 so I was out of luck. Did not even know of this problem and am just finding out all the other problems Nissan owners have experienced and am sick to my stomach to hear that a Company that I swore by does not stand behind their vehicles. This is truely my last Nissan..cant afford this kind of repairs. Going american made now and joining the lawsuit..Thanks
I had a 2007 Frontier SE. it had close to 100.0000 miles. the radiator broke and all the fluid went to the transmission causing a big problem.. I had to make like 500 dollars just in tow services from taking the truck from one place to another. When I took it to the dealership,they said it will cost me 10,000 dollars to get it fix. and I had to pay over 300 dollars just for the to take a looks and do diagnosis. They told me they couldn’t do anything so I call the NISSAN headquarters. took them like 2 months for respond. I really wanted to kept the Frontier because I had 5000 dollars left to payoff the truck.. I spend over 3000 dollars my self trying to fix it on another shop. but noting work. The dealer ship chose to purchase the frontier for a trade. I didn’t have any other choices. Now I have a debt for 26,000 dollar for a used 2010 titan. NISSAN.I AM VERY DISSAPOINTED,
We had a 2007 pathfinder and the repair for transition and radiator was $10000.00! We didn’t have that kind of money so we felt forced to trade in. We were paranoid so we bought brand new Altima with the extended warranty. We owe 38000.00 on a 26000.00 thanks to the pathfinder!!!! Nissan really screwed us over. Very disgusted. Is the anything we are entitled to?
i have a 2005 pathfinder with the same problem of radiator fluid leaking into the transmission and nissan wants $5000 to fix their problem?
Just came back from the dealership I have to pay 3000.00
For a new trany and radiator I am not even finished paying for the
truck 2005 Nissan Pathfinder . I will never buy another Nissan this
Should be covered 100% they don’t stand behind there products
i own a 2006 xterra that lost reverse at 62000 miles, i reported the problem and i was told the repair would be 5500 to 6800 to replace the trans. not able to afford that i drove almost 6 months with no reverse. i finally got the recall leter in the mail that stated the warranty was extended to 80000 miles but by this time i had 84000 miles on it. i explained everything to nissan who denied my request for review, i picked up my nissan from the dealership a few weeks ago now and the transmission went out while i was going uphill in a 55 mph zone, not to mention they let me drive off the lot with no engine coolant!!! anybody that knows anything about a car knowns it needs coolant!!! therefore the dealership knowingly put my life in danger, i have spoken to an attorney and will hopefully come out on top but the money i do have was invested in warning the world about this poor excuss of a company, certainly not in the hands of the people who screwed me to begin with. until a companty like this loses there ass they will continue to screw the public because they will be rich and taken care of by the time the people of this nation realize they got had. something should and most definately will be done to rectify this. sorry nissan but your a bad taste in my mouth and the only thing worse than your craftsmanship is your customer service. pathetic. i lost my job and everything ive worked for because my nissan gave out on me and the company left me high and dry. sorry i cant pay your copay you caused me to lose my income because you wanted an amex black. these people will get what is coming to them one way or another.
I purchased a 2006 Nissan Xterra on June 27, 2007 with 44 miles on it, from a local Nissan Dealership. I have always had my truck serviced at the dealership and the oil changed on the recommended schedule. One KNOWN ISSUE according to the service man at the local dealership, with 2006 Xterra’s, there is a coolant link into the transmission, which I has informed of this morning at 10:40am from the local dealership. After the dealership checked the truck out I also have a coolant link in the transmission the cost of repair will be $7295.00 plus tax. As the service man tells me this he also tells me Nissan has extended the warranty on the KNOWN ISSUE, but “I am sorry to tell you, that extension ended at 100,000 miles. If you can get Nissan to pay for it then it will only cost you $3000.00 at the dealership for the deductible. You can call Nissan and ask what the status of your vehicle would be. They may be able to help you. Good luck to you.” Is what I am told. And it will be $33.14 for your oil change today. After I told them do not change the oil if there is a major issue with the truck, please inform me first. But they did anyways.
*Note the truck was just in 3 months ago for an oil change with no KNOWN ISSUES, that I was informed of.
After 2 hours on the phone with Nissan’s customer service and numerous other departments, I am told you are out of luck. After numerous phone calls to other places to replace the trans and radiator I am at anywhere from $2000.00 to $4000.00 in the hole.
I have owed a Ford and have over 250,000 miles on it. The Nissan that I currently owner has 107,663 miles on it. I will NEVER purchase a Nissan again. They do not stand by their vehicles and the local service department is rude, that is just an understatement. I was told by Nissan’s customer service department this afternoon, that the car is only to last the life of the loan. Well, that’s f’ed up…….Thank the good Lord mine truck was paid off in 2008. So Nissan, at least I go the “life out of my loan”.