Sarah Mirando  |  September 11, 2012

Category: Legal News

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Nissan Radiator Defect Class Action Settlement Reached

By Kimberly Mirando

 

Nissan settlement

UPDATE: The Nissan Radiator Defect Class Action Settlement has been preliminarily approved and the Settlement Administrator’s Website is up!


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.

 

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Updated January 10th, 2013

 

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222 thoughts onNissan Radiator Defect Class Action Settlement Reached

  1. Kristina Zacarias says:

    Omg I don’t know what to do. I think the 2013 Nissan Altima is now a huge joke.. I have had my Nissan Altima SL 2.5L for the past 5 years and I have had nothing but problems with this car, from CVT transmissions, airbag malfunction, radiators, abs brake system, and now I’m haven’t a bigger issue because the shutter is locked and won’t go into reverse unless I use an object to push into the shifter to release it. Uggh where do I go for a lemon, since majority of all these settlements are closed? Please help

    1. Kristina Zacarias says:

      Not to mention my radiator is brand new the dealership charged me 1090.00 6 months ago and it’s not working again.

    2. Kristina Zacarias says:

      Add me please

  2. Angelica Romero says:

    Add me. In 2003 I had radiator issue. Then bought another Nissan ultima in 2005.

  3. Waverly Merritt says:

    I purchased a 2006 Nissan Frontier LE 4×4 new. At approximately 110, 000 miles I experienced a total transmission failure, obviously beyond the warranty period. The transmission repair facility advised me that radiator coolant fluid had leaked into the transmission ultimately resulting in the failure. I had no idea there was any possibility of the two fluid sources mixing, nonetheless the transmission had to be replaced and I personally covered all costs. After recently doing significant research, it could not be more obvious the issue stemmed from incompetent engineering, I am an engineer by education. Is it too late to receive any recovery at this point?

  4. Ricardo says:

    Hello I have Owed 2007
    xterra I was never notified by Nissan or anyone else about the class lawsuit, I have to repair My trucks Radiator situation Myself, Am timing chain also Does anybody know how I could claim part of the settlement.. Any help will be appreciated..

  5. Juan says:

    Tengo el mismo problema. Pero desconocía la demanda mi Nissan tiene 105000. Podría interponer demanda también, agradecería si me responden muchas gracias

  6. carol jackson says:

    I have a2005 Nissan pathfinder and mine has been down sense oct 25th 2016. because of the radiator coolents mixing with the transmission, and the price tag for repairs has caused me to be at a cross road, no one that has any thing to do with Nissan will help me with repairs or to get some other means of transpatation, so I think some one in the Nissan dealership should be responsible for this and getting this problem taken care of.

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