The Nissan Path

So, I got a letter from Nissan this week stating that it is extending the warranty on my 06 LE to cover the radiator and any damage caused from it up to 10 years or 100k mi.

Anyone else get a letter like this?

I got the letter. It's the result of a class-action lawsuit that Nissan lost in NY State. Basically it just added expense caps to the periods of 80000-90000 miles and 90000-100000 miles. The caps are $2500 and $3000, respectively. After they lost the lawsuit, Nissan just use the result of the judgement to make it look like they are doing a good thing, when in reality, they still aren't doing what they should: recall the radiators before they fail.

Thanks for the info - are there other class action suits ongoing in other states?

I got the same for my '08 V8 a few days ago...

Sayantsi wrote:Thanks for the info - are there other class action suits ongoing in other states?

I've heard about several, including one that was being put together in FL, but I don't know how they are progressing. I'm sure if you Google search, you should be able to find some info.

Its STILL 2500 or 3000 out of OUR pockets for a manufacture flaw in the Rad.

Nissan knows of the flaw, we know of the flaw but didn't when we bought the vehicles, we win a class action lawsuit but are still going to be required to pay up to 3000 when the rad shits the bed.

Do yourself a favor and complete the bypass. It takes about 20 minutes and you have a great feeling of relief that its no longer an issue.

I completed the bypass 2 years ago now and driven for 5+ hours, towed all kinds of trailers for 3+ hours, etc.... and NEVER had a tranny issue

Nissan looks like they are helping us but... its BS IMHO

I got the "Notice of Proposed Settlement" letter today myself. I've already completed the bypass tho.

got that in the mail today as well, but I have completed my bypass

Got mine as well, but I'm lucky at 74k and 4.5 years with no rad problems

I thought on behalf of Canadian owners I would contact Nissan Canada re rad warranty. I was told it was for 120 months / 160000kms and did have a pro rated element .
I checked the sticker that they sent and it say 96 months / 130000kms so I assume this is an upgrade based on the class action in NY.
I was not told if they were sending out letters to Canadian customers.
If anyone else wants to phone Nissan Canada to confirm that would be great.

I got the class action letter, as well. My concern as far as participating in it would be the attorney fee's soaking up any award granted to the owners of the vehicle. I got a class action settlement from a MetLife case a week ago; I'm still thinking of ways to spend the $1 check that was sent to me!

smj999smj wrote:I got the class action letter, as well. My concern as far as participating in it would be the attorney fee's soaking up any award granted to the owners of the vehicle. I got a class action settlement from a MetLife case a week ago; I'm still thinking of ways to spend the $1 check that was sent to me!

My understanding is that both parties agreed to settle, meaning no expensive court dates & continuing attorney fees. As a Pathfinder owner, one can do nothing & automatically be a part of the settlement terms, or one can opt out in case they want to sue in the future. There isn't any money involved, at least that will make its way into our pockets. Since I also did the bypass, I'm still debating if I should opt out or not. I'd hate to be part (stuck) of a settlement (pretty bad one, IMO) if a better lawsuit comes along.

I agree. I'm thinking of passing on this one. Wish the NHTSA would force Nissan to recall the radiators and save us all a lot of aggrevation!

I got the letter too, but just traded my 08 truck in with 128,000 on it so it didn't even apply to me anyhow. 10 years 100 thousand is a joke. AAA says 15k per year so do the math. Shame on Nissan but I bought another so really, who's more stupid? LOL

I find this interesting:

THE LAWYERS REPRESENTING YOU

16. Do I need to hire my own attorney?

You do not need to hire an attorney, but you can if you want to. You, and the entire class, are already represented by a group of attorneys listed below, who are known as Class Counsel. You do not have to pay for Class Counsel's services. You may contact Class Counsel if you have any questions about this Notice or settlement, but please do not contact the court.

Class Counsel:

Gary S. Graifman
Kantrowitz, Goldhamer, & Graifman, P.C.
747 Chestnut Ridge Road
Chestnut Ridge, NY 10977
Phone: (845) 356-22570

Howard T. Longman
Stull, Stull, & Brody
6 East 45th Street, Suite 500
New York, NY 10017
Phone: (212) 687-7230

Matthew Mendelsohn
Mazie Slater Katz & Freeman, LLC
103 Eisenhower Parkway
Roseland, NJ 07068
Phone: (973) 228-9898

If you decide to hire your own attorney, you will have to pay for his or her services. Your attorney must file an appearance no later than February 21, 2013 with the Clerk of the Court, and must send a copy by First-
Class United States Mail, to Class Counsel and Nissan's counsel at the address provided above in section 13, postmarked no later than February 21, 2013.

17. How Much is Class Counsel being paid?

Class Counsel will apply to the court for reasonable attorneys' fees and expenses in an amount up to $2,250,000. Nissan has only agreed to not oppose any application for attorneys' fees and expenses of $1,100,000, and may oppose any requested attorneys' fees and expenses above that amount. Any award of attorneys' fees and costs will be paid by Nissan separately from and in addition to any relief provided to the Settlement Class.

Additionally, Class Counsel will apply to the Court for payments of $5,000 each to the Class Representatives for their service to the Class. Any award of payments to the Class Representatives will be paid by Nissan separately from and in addition to any relief provided too the Settlement Class.
End Quote

....I wonder how much it would have cost Nissan to simply voluntarily recall and replace the radiators in question??