can the tranny collant defect be prosecutable ?

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ByPath
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can the tranny collant defect be prosecutable ?

Postby ByPath » Tue Mar 02, 2010 10:48 pm

this is a class action law suit waiting to happen, basically a open and shut case if you ask me. All the lawyer has to do is show all the documented cases that's been posted online.

for nissan to give the run around and blame it on the radiator is just simply ridiculous when it's clearly due to a defective part...and the nerve of them to turn around and charge the customer for the radiator is in itself pretty pathetic.


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mar1
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Postby mar1 » Wed Mar 03, 2010 2:37 am

just a word of caution.

dealerships have deep pockets. might wanna rethink ur strategy

twinblown
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Postby twinblown » Wed Mar 03, 2010 6:35 am

Just in case I recently did the bypass. I really don't care if dealers have deep pockets (Doesn't Toyota too?, look at them now) and if Nissan is found to have a defect or quality issue with the radiator they should be liable and recall it for replacement. As far as the issue of contaminating the tranny due to such defect I would think they should compensate the customer but I don't know what the legal issues would be there.

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BMXPath
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Postby BMXPath » Wed Mar 03, 2010 6:43 am

Bypath,

What is your issue anyway? Have you had your transmission fail due to the coolant? Have you done the bypass yet?
Just askin', because you seem pretty angry about a potential problem that is easily prevented.

08 pathy
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Postby 08 pathy » Wed Mar 03, 2010 7:07 am

BMXPath wrote: Just askin', because you seem pretty angry about a potential problem that is easily prevented.
Dont have a dog in this fight, and dont want to bash Nissan, Even though my 08 has been in the shop more then in my garage... :x

The problem may be "easily prevented" but one shouldn't have to modify a new $30k plus truck to feel safe...

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BMXPath
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Postby BMXPath » Wed Mar 03, 2010 8:02 am

Dont have a dog in this fight, and dont want to bash Nissan, Even though my 08 has been in the shop more then in my garage... :x

The problem may be "easily prevented" but one shouldn't have to modify a new $30k plus truck to feel safe...
I agree with you but it isnt like leaky trans coolers are some new, unique problems to Nissan. Like I said before, "For as long as there has been aftermarket transmission coolers, there has always been recommendations to bypass the stock, radiator trans coolers to prevent the transmission from getting trashed by a coolant leak."

Doesn't make it right, doesnt make it ok, but it still stands as an easy fix. I just concidered it preventive maintainance and moved on.

I was happy that my '05, after 105,000 miles didnt have the failure.

twinblown
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Postby twinblown » Wed Mar 03, 2010 8:15 am

I am approaching 100K and have not had this problem either but because of this forum I read about it and just in case I did the bypass. Other Pathy owners that are not on line or on forums would never know this thus they would be angry about the tranny failure...I WOULD!

NVRDONE
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Postby NVRDONE » Wed Mar 03, 2010 8:35 am

Remember that in this country you can sue for anything - that's what keeps lawers in business. Also remember that he who has the best lawer wins - not who's right.
I agree that Nissan should step up & take care of this issue.

ByPath
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Postby ByPath » Wed Mar 03, 2010 9:17 am

in all fairness, those outside of the drivetrain warranty should be covered because this is due to a faulty part, not due to wear and tear or user/owner abuse.

so those who fall within the drivetrain warranty should be covered without a doubt....what is really downright deceptive is the fact that they are blaming it on the radiator to avoid responsibility.

this is downright deceptive and shady if you ask me.

the great thing is that all of this is clearly documented online and easy to prove in front of jury. Nissan is not that idiotic to let this out of the bag, especially now since they are running for cover with the fuel sender unit.

NISLO
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Postby NISLO » Wed Mar 03, 2010 10:07 pm

08 pathy wrote:
BMXPath wrote: Just askin', because you seem pretty angry about a potential problem that is easily prevented.
Dont have a dog in this fight, and dont want to bash Nissan, Even though my 08 has been in the shop more then in my garage... :x

The problem may be "easily prevented" but one shouldn't have to modify a new $30k plus truck to feel safe...
You don't have to modify a NEW truck, the new trucks are not affected.

NISLO
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Postby NISLO » Wed Mar 03, 2010 10:15 pm

No manufacturer will make a recall unless it is a direct safety concern to its consumers. I will agree that the failed part is a transmission cooler whether it be part of the radiator or not. That is how we need to submit the claim to Nissan saying that the primary failed part is the trans cooler. I do not remember if the transmission coolers are covered in powertrain or not. The part is called a radiator though so its a crap shoot I guess. These cooler failures happen in other manufacturers as well.

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BMXPath
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Postby BMXPath » Thu Mar 04, 2010 7:57 am

NISLO wrote: You don't have to modify a NEW truck, the new trucks are not affected.
How do you know they arent affected? The potential for failure is there for any car that has an internal, radiator trans cooler.

NISLO
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Postby NISLO » Thu Mar 04, 2010 4:22 pm

then the majority of vehicles should bypass their radiator coolers. They should sell kits at walmart for people who purchase new vehicles. You know just to be on the safe side. Sounds like a terrific idea.

Drive a manual or a bike if you have such an issue with this because its been happening for years in the industry. Nissan just had a supplier issue with radiators on the Frontier, Pathfinder, Xterra and its been rectified by the 08 M.Y. there still may be some 07's that are affected from what I've been told from our dealer tech specialist.
Last edited by NISLO on Thu Mar 04, 2010 4:26 pm, edited 1 time in total.

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BMXPath
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Postby BMXPath » Thu Mar 04, 2010 4:24 pm

NISLO wrote: Drive a manual or a bike if you are so damn worried
Yeah! Ride a bike! :P

08 pathy
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Postby 08 pathy » Thu Mar 04, 2010 4:30 pm

NISLO wrote:
You don't have to modify a NEW truck, the new trucks are not affected.
How is that??? Nissan is still using the same RADIATOR... anyone think nissan would void your warrenty for making the bypass???


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